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Section 39: Appeal against refusal etc. to relax building regulations.

Building Act 1984 · 1984 c. 55View on legislation.gov.uk

Part I: Building Regulations

If a building 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 ... within one month from the date on which the building control authority notify the applicant of their refusal.

The appeal is to be made to—

the regulator, in the case of a refusal by a local authority for an area in England;
the tribunal, in the case of a refusal by the regulator;
the Welsh Ministers, in the case of a refusal by a local authority for an area in Wales.

If, within—

a period of two months beginning with the date of an application, or
such extended period as may at any time be agreed in writing between the applicant and the building control authority,

the building 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 building control authority had refused the application and notified the applicant of their decision at the end of the said period.

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About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.