Part 4Higher-risk buildings

Appeals etc

I2I1104Appeals against decisions of the regulator made under this Part

1

This section applies in relation to a decision of the regulator—

a

not to register a building on an application under section 78(1);

b

to remove a building from the register under section 78(3);

c

to refuse an application for a building assessment certificate under section 81(3);

d

to give a direction under section 83(2).

2

An affected person may appeal the decision.

3

An appeal may be on the grounds—

a

that the decision was based on an error of fact;

b

that the decision was wrong in law;

c

that the decision was unreasonable.

4

In this section “an affected person” means—

a

in relation to a decision of the regulator mentioned in paragraph (a) or (b) of subsection (1), an accountable person for the higher-risk building (or a person who would be an accountable person for the building if the building were a higher-risk building);

b

in relation to a decision of the regulator mentioned in paragraph (c) of subsection (1), an accountable person for the higher-risk building;

c

in relation to a decision of the regulator mentioned in paragraph (d) of subsection (1), the accountable person subject to the direction.