Section 55 Appeals.

England and Wales

(1)

A person aggrieved by the local authority’s rejection of—

(a)

an initial notice F1, amendment notice or a public body’s notice, F2...

(b)

a plans certificate, a final certificate, a public body’s plans certificate or a public body’s final certificate, F3or

(c)

a transfer certificate and a transfer report,

may appeal to F4the appropriate court or tribunal F5....

(2)

On an appeal under subsection (1) above, the court F6or tribunal shall—

(a)

if it determines that the notice F7, report or certificate was properly rejected, confirm the rejection, and

(b)

in any other case, give a direction to the local authority to accept the notice F8, report or certificate.

F9(2A)

Where a local authority cancels an initial notice, in whole or in part, by giving a notice (a “cancellation notice”) under section 52A (4)—

(a)

the person shown in the initial notice as the person intending to carry out the work, or

(b)

the registered building control approver,

may appeal to the appropriate court or tribunal.

(2B)

On an appeal under subsection (2A), the court or tribunal must determine whether the relevant part of the initial notice was properly cancelled.

(2C)

In a case where the court or tribunal determines that the relevant part of the initial notice was not properly cancelled—

(a)

the determination does not have the effect of reinstating the relevant part of the initial notice;

(b)

section 52B (2) and (6) continue to apply in relation to the relevant part of the initial notice;

(c)

a new initial notice relating to any of the work to which the relevant part of the original initial notice related (the “original work”) may be given only if the new initial notice—

(i)

is given before the end of the period of seven days beginning with the day on which the appeal is determined or such other period as may be prescribed, and

(ii)

relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority;

(d)

the court or tribunal may give such directions as it considers appropriate in consequence of the determination (which may include giving directions to the regulator).

(2D)

Where—

(a)

a plans certificate has been given in respect of any of the original work,

(b)

the conditions in paragraphs (a) and (b) of section 53(2) are fulfilled with respect to that certificate, and

(c)

a new initial notice as referred to in subsection (2C)(c) is accepted,

section 50(1C) does not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate.

(2E)

Where—

(a)

a new initial notice is given in accordance with subsection (2C)(c), and

(b)

the registered building control approver shown in the new initial notice is different to the registered building control approver shown in the original initial notice,

sections 53B to 53E apply as if any reference in those sections to a new initial notice given in accordance with section 53(7)(a) were a reference to a new initial notice given in accordance with section 55(2C)(c).

(2F)

In this section the “relevant part of the initial notice” means so much of the initial notice as was subject to the cancellation notice.

(3)

Where a person is aggrieved by a determination, confirmation, direction or other decision of a magistrates’ court under this section, he may appeal to the Crown Court.

F10(4)

On an appeal under subsection (1), the local authority must give the specified information to the regulator.

(5)

In this section “specified” means specified in regulations made by the Secretary of State under this section.

(6)

The Secretary of State may make regulations under this section only in relation to England.

Annotations

Textual amendments

F1: Words in s. 55(1)(a) inserted (14.10.1996) by S.I. 1996/1905, art. 3(8)
F2: Word in s. 55(1) omitted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 6.4.2024 in force in so far as not already in force except in relation to W., 6.4.2024 for W. in so far as not already in force) by virtue of Building Safety Act 2022 (c. 30), ss. 51(4)(a)(i), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii); S.I. 2024/104, reg. 2(g) (with regs. 3, 5); S.I. 2024/207, reg. 2(d)(vii) (with regs. 3, 4, 8-12)
F3: S. 55(1)(c) and word inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 6.4.2024 in force in so far as not already in force except in relation to W., 6.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 51(4)(a)(ii), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii); S.I. 2024/104, reg. 2(g) (with regs. 3, 5); S.I. 2024/207, reg. 2(d)(vii) (with regs. 3, 4, 8-12)
F4: Words in s. 55(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(i); 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)
F5: Words in s. 55(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 280, Sch. 10; S.I. 2005/910, art. 3(y)
F6: Words in s. 55(2) 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. 15; 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)
F7: Word in s. 55(2)(a) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 6.4.2024 in force in so far as not already in force except in relation to W., 6.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 51(4)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii); S.I. 2024/104, reg. 2(g) (with regs. 3, 5); S.I. 2024/207, reg. 2(d)(vii) (with regs. 3, 4, 8-12)
F8: Word in s. 55(2)(b) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 6.4.2024 in force in so far as not already in force except in relation to W., 6.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 51(4)(c), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii); S.I. 2024/104, reg. 2(g) (with regs. 3, 5); S.I. 2024/207, reg. 2(d)(vii) (with regs. 3, 4, 8-12)
F9: S. 55(2A)-(2F) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W., 6.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 46(5), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(u); S.I. 2023/914, reg. 2(b)(x); S.I. 2023/993, reg. 2(l) (with reg. 8); S.I. 2024/207, reg. 2(d)(v) (with regs. 3-5, 8-12)
F10: S. 55(4)-(6) inserted (6.4.2023 for specified purposes except in relation to W., 6.4.2024 in force in so far as not already in force except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), ss. 53(2), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2024/104, reg. 2(i) (with reg. 3); S.I. 2024/207, reg. 2(d)(ix) (with regs. 3, 4, 8-12)

Notes on Part II

Textual amendments

F1: Words in Pt. 2 heading 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. 39; S.I. 2023/993, reg. 2(n)(xii) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)