Building Safety (Wales) Act 2026

Prospective

97 Appeal against compliance notice E+W

(1) A person to whom a compliance notice has been given may appeal to a residential property tribunal against the notice.

(2) An appeal must be made before the end of 21 days beginning with the day after the day on which the notice is given to the person.

(3) The tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (2) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time).

(4) An appeal may be made on either or both of the following grounds—

(a) that the person has not contravened, is not contravening, or is not likely to contravene, the requirement to which the notice relates;

(b) that it is unreasonable to require the person to do a thing required by the notice under section 96(2).

(5) Where an appeal is made against a compliance notice that 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 period for complying with the notice specified under section 96(2) is treated as extended by the period—

(i) beginning with the day after the day on which the appeal is made, and

(ii) ending with the day on which the appeal is finally determined or withdrawn.

(6) Where an appeal is made against a compliance notice that 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 such a direction is given, the compliance notice continues to have effect despite the making of the appeal.

(7) On an appeal under this section, the tribunal may—

(a) uphold the compliance notice,

(b) vary the notice, or

(c) quash the notice.

Commencement Information

I1 S. 97 not in force at Royal Assent, see s. 138(2)