http://www.legislation.gov.uk/ukpga/1984/55/section/40Building Act 1984 An Act to consolidate certain enactments concerning building and buildings and related matters.1984-10-31texttext/xmlenStatute Law Database2026-03-06Expert Participation2026-01-27 Building Act 1984s. 131ABuilding Safety Act 2022s. 59s. 170(4)(c)Building Act 1984s. 95(5)Building Safety Act 2022s. 60(2)s. 170(4)(c)Building Act 1984s. 131BBuilding Safety Act 2022s. 60(3)s. 170(4)(c)Building Act 1984Sch. 1 para. 7A(4)Building Safety Act 2022Sch. 5 para. 83(5)s. 170(4)(b)(c)reg. 2(n)(xxxiii)reg. 2(d)(xi)Sch.reg. 348- 12Building Act 1984s. 44(11)Sustainable and Secure Buildings Act 2004s. 3(8)s. 11(3)Building Act 1984ActThe Building etc. (Amendment) (No. 2) (Wales) Regulations 2025Rheoliadau Adeiladu etc. (Diwygio) (Rhif 2) (Cymru) 2025reg. 21reg. 1(2)Building Act 1984s. 1(1A)(d)Infrastructure Act 2015s. 37(2)s. 57(5)(a)Building Act 1984Sch. 1 para. 7AInfrastructure Act 2015s. 37(4)s. 57(5)(a) Part I401A person aggrieved by the giving of a section 36 notice may appeal to the appropriate court or tribunal ....2Subject to subsection (3) below, on an appeal under this section the court or tribunal shall—aif it determines that the building control authority were entitled to give the notice, confirm the notice, andbin any other case, give the building control authority a direction to withdraw the notice.3If, in a case where the appeal is against a notice under section 36(2)above, the court or tribunal is satisfied that—athe building control authority were entitled to give the notice, butbin all the circumstances of the case the purpose for which was enacted the section of this Act by virtue of which the notice was given has been substantially achieved,the court or tribunal may give a direction under subsection (2)(b) above.4An appeal under this section shall be brought—awithin 28 days of the giving of the section 36 notice, orbin a case where the person to whom the section 36 notice was given gives notice under section 37(1)(a) above, within 70 days of the giving of the section 36 notice.5Where an appeal is brought under this section—athe section 36 notice is of no effect pending the final determination or withdrawal of the appeal, andbsection 36(3) above has effect in relation to that notice as if after the words “28 days” there were inserted the words “(beginning, in a case where an appeal is brought under section 40 below, on the date when the appeal is finally determined or, as the case may be, withdrawn)”.6If, on an appeal under this section, there is produced to the court or tribunal a report that has been submitted to the building control authority under section 37(1) above, the court or tribunal, in making an order as to costs, may treat the expenses incurred in obtaining the report as expenses incurred for the purposes of the appeal.Pt. 1 (ss. 1-46) restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(1), 45, Sch. 7 Pt. VI para. 2Pt. 1 (ss. 1-46) modified (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 18(1)Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)Pt. 1 (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7PPt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))Words in s. 40(1) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(h); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)Words in s. 40 inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 14; S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)Words in s. 40(2) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 35; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8Words in s. 40(6) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 35; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)Words in s. 40(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 279, Sch. 10; S.I. 2005/910, art. 3(y)Words in s. 40(3) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 35; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)Pt. 1 (ss. 1-46) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 22 para. 1Pt. 1 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 22 para. 1(1)(a) (with Sch. 22 para. 1(2)(3))Pt. 1 (ss. 1-46) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 3Pt. 1 excluded (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), art. 1, Sch. 15 para. 4 (with art. 40, Sch. 14)