The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023

Review of regulator’s decisions E+W

48.—(1) The following decisions of the regulator are prescribed for the purposes of section 25(1) of the 2022 Act—

(a) a decision to reject—

(i) a building control approval application for HRB work;

(ii) a building control approval application for a stage of HRB work;

(iii) a building control approval application for work to existing HRB;

(iv) a change control application;

(v) a completion certificate application;

(vi) a partial completion certificate application;

(vii) a regularisation certificate application;

(b) a decision to specify a controlled change as being a major change or a notifiable change under regulation 25 (change control: regulator power to specify notifiable changes and major changes);

(c) a decision to refuse a request to vary a requirement under regulation 30 (a variation of a requirement imposed on a building control approval).

(2) The persons prescribed for the purposes of section 25(2) of the 2022 Act in relation to the decisions referred to in paragraph (1) are—

(a) in relation to a decision referred to in paragraph (1)(a), the person who made the application or the person on whose behalf the application was made;

(b) in relation to a decision referred to in paragraph (1)(b), any person to whom the regulator gives notice under regulation 25 (change control: regulator power to specify notifiable changes and major changes);

(c) in relation to a decision referred to in paragraph (1)(c), the client who made the request.

(3) For the purposes of section 25 of the 2022 Act, a person requiring the regulator to carry out a review, or a person on their behalf, must give a notice under section 25(2) of the 2022 Act to the regulator in writing within 21 relevant days beginning with the day after the day on which the decision referred to in paragraph (1) is notified to the person.

(4) A notice under section 25(2) of the 2022 Act must contain the following information—

(a) the name, address, telephone number and (if available) email address for the person giving the notice;

(b) if the person giving the notice is doing so on behalf of a person who falls within the description in paragraph (2), the name and address of that person and a statement that the person giving the notice is authorised to give the notice on behalf of that person;

(c) the address and, if applicable, the name of the building to which the decision referred to in paragraph (1) relates;

(d) a statement of the review being sought which—

(i) identifies the decision to be reviewed (including the date of the decision and any reference number included on the decision), and

(ii) sets out the reasons the person considers the decision should be reviewed;

(e) any information that is available to the person giving the notice, that may have been relevant to the regulator’s original decision but was not available at the time the original decision was made.

(5) The regulator must notify the person who required a review of the outcome of the review within 13 weeks beginning with the day after the day on which the person gives a notice under section 25(2) of the 2022 Act.

(6) A notice that the review has upheld the decision must give the reasons for that decision.

(7) If the review varies the decision the regulator must issue a new decision.

(8) If requested by the person requiring the review, the regulator must provide a paper copy of the decision of the review.

Commencement Information

I1 Reg. 48 in force at 1.10.2023, see reg. 1(1)