39 Appeal against refusal etc. to relax building regulations.E+W
(1)If a [F1local authority] [F1building control authority] refuse an application to dispense with or relax a requirement in building regulations that they have power to dispense with or relax, the applicant may by notice in writing appeal [F2to the Secretary of State] within one month from the date on which the [F1local authority] [F1building control authority] notify the applicant of their refusal.
[F3(1A)The appeal is to be made to—
(a)the regulator, in the case of a refusal by a local authority for an area in England;
(b)the tribunal, in the case of a refusal by the regulator;
(c)the Welsh Ministers, in the case of a refusal by a local authority for an area in Wales.]
(2)If, within—
(a)a period of two months beginning with the date of an application, or
(b)such extended period as may at any time be agreed in writing between the applicant and the [F4local authority] [F4building control authority],
the [F4local authority] [F4building control authority] do not notify the applicant of their decision on the application, subsection (1) above applies in relation to the application as if the [F4local authority] [F4building control authority] had refused the application and notified the applicant of their decision at the end of the said period.
(3)[F5The notice of appeal shall set out the grounds of appeal, and a copy of the notice of appeal shall be sent to the local authority.]
(4)[F5The local authority, on receiving a copy of the notice of appeal, shall at once transmit to the Secretary of State a copy of the application and a copy of all the documents furnished by the applicant for the purposes of his application.]
(5)[F5The local authority shall at the same time give to the Secretary of State in writing any representations that they desire to make as regards the appeal, and shall send a copy to the appellant.]
(6)[F5If the Secretary of State allows the appeal, he shall give such directions for dispensing with or relaxing building regulations as may be appropriate.]
Textual Amendments
F1Words in s. 39(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 34; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)
F2Words in s. 39(1) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 4(2); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
F3S. 39(1A) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 4(3); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
F4Words in s. 39(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 34; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)
F5S. 39(3)-(6) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 4(4); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)