Part 4Higher-risk buildings

Appeals etc

I1103Appeals against compliance notice etc

1

A person to whom a compliance notice has been given may appeal to the tribunal.

2

An appeal may be on the grounds—

a

that the person has not contravened, is not contravening, or is not likely to contravene, a relevant requirement;

b

that it is unreasonable to require the person to do any thing specified to be done in the notice.

3

Where an appeal under subsection (1) is made and the compliance notice is not an urgent action notice—

a

the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and

b

the specified period mentioned in section 99(2)(a) is treated as extended by the period—

i

beginning with the day on which the appeal is made, and

ii

ending with the day on which the appeal is finally determined or withdrawn.

4

Where an appeal under subsection (1) is made and the compliance notice is an urgent action notice—

a

the appellant may apply to the tribunal for a direction that the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and

b

unless and until any such direction is given, the compliance notice continues to have effect despite the making of the appeal.

5

A person to whom a compliance notice has been given may apply to the tribunal for an extension of the period for the doing of any thing specified to be done in the notice.

6

Subsections (3) and (4) apply to such an application as they apply to an appeal under subsection (1).

7

In this section “urgent action notice” has the meaning given by section 99(4).