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Building Act 1984, Cross Heading: Appeal against refusal to consider application etc is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1S. 101A and cross-heading inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W., 6.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 30; S.I. 2023/362, reg. 3(1)(x); S.I. 2023/914, reg. 2(b)(xv); S.I. 2023/993, reg. 2(o)(ii) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
(1)This section applies where—
(a)a local authority for an area in England refuses to consider an application for building control approval, or
(b)a local authority refuses to consider an initial notice (within the meaning of section 47) or an amendment notice (within the meaning of section 51A),
on the ground that all or part of the work to which the application or notice relates is higher-risk building work.
(2)The person intending to carry out the work may appeal to the appropriate national authority, before the end of the prescribed period, on the ground that none of the work is higher-risk building work.
(3)Building regulations may make provision about appeals under this section, including in particular provision—
(a)about the making of an appeal;
(b)requiring an appellant to notify the local authority of the making of an appeal;
(c)imposing duties on the local authority in cases where an appeal is made;
(d)for and in connection with the appropriate national authority appointing a person to determine the appeal (including provision conferring functions on that person and providing that their decision is treated as the decision of the appropriate national authority);
(e)about the procedure to be adopted in connection with the determination of the appeal.
(4)The provision that may be made by virtue of subsection (3)(a) includes provision about—
(a)the form and content of a notice of appeal;
(b)the information and documents that are to accompany a notice of appeal;
(c)the way in which a notice of appeal, and anything that is to accompany it, is to be given.
(5)The decision made on the appeal is final (subject to subsection (6)).
(6)The appellant or the local authority may, before the end of the prescribed period and with the permission of the High Court, appeal to the High Court against the decision of the appropriate national authority on a point of law.]
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