The Building Regulations (Northern Ireland) 2012

Appeals and prescribed periods N.I.

20.—(1) In this regulation—

“Principal Order” means the Building Regulations (Northern Ireland) Order 1979.

(2) Where the applicant has a right of appeal to the Department under Articles 9, 16, 17 or 18B of the principal Order against a decision of a district council the notification of that decision to the applicant shall indicate—

(a) that there is a right of appeal;

(b) where the decision relates to a contravention notice, that in addition to a right of appeal against the service of the notice there is also a right to obtain a report under Article 18A of the principal Order in respect of the notice and the periods within which he may notify the district council of his intention to obtain such a report and (where he has obtained it) submit it to the council;

(c) the prescribed period within which the appeal may be made; and

(d) the requirements of paragraph (3).

(3) An appeal to the Department shall set out the grounds of appeal and a copy shall be sent to the district council.

(4) The district council on receiving the copy of the appeal shall at once transmit to the Department a copy of the application and a copy of all documents furnished by the applicant for the purposes of his application.

(5) The district council shall at the same time give to the Department in writing any representations which it desires to make as regards the appeal and shall send a copy to the appellant.

(6) The prescribed period for the purposes of Article 9(7) of the principal Order (appeal against the decision of a district council to reject plans that show the proposed work would include or consist of materials etc. prescribed as unsuitable for permanent buildings, or to fix or refuse to extend any period or to impose or refuse to vary any condition) shall be 56 days.

(7) The prescribed period for the purposes of Article 16(1) of the principal Order (appeal against refusal by a district council to dispense with or relax regulations or against conditions attaching to dispensation or relaxation) shall be 56 days.

(8) The prescribed period for the purposes of Article 16(2) of the principal Order (period for consideration of application for relaxation by a district council) shall be 56 days.

(9) The prescribed period for the purposes of Article 17(1) of the principal Order (appeal against rejection of plans by a district council) shall be 56 days.

(10) The prescribed period for the purposes of Article 17(2) of the principal Order (period after which an applicant may assume plans to be rejected) shall be 56 days.

(11) The prescribed periods for the purposes of Article 17(2A) of the principal Order shall be—

(a) 56 days with respect to the period within which a district council may approve any particular type of building matter; and

(b) 56 days with respect to the period within which an applicant may appeal to the Department if a district council does not approve a particular type of building matter within the prescribed period at sub-paragraph (a).