# The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025, Regulation 11: Amendments: other appeals

Extent: E+W

After regulation 18E (appeals under section 101A of the Act) insert—
“Appeal in relation to section 42 of the Act: Wales
18F. An appeal to the High Court under section 42 of the Act against the decision of the Welsh Ministers who determined an appeal of a building control authority refusing to relax building regulations, must be made within 15 working days beginning with the date the Welsh Ministers gave notice of their decision.
Appeal to the magistrates’ court in relation to certain decisions: Wales
18G. (1) An appeal to the magistrates’ court under section 19(4), 21(4) or 22(4) of the Act must be made within 15 working days beginning with the day after the day on which the building control authority notifies the person of its decision.
(2) The magistrates’ court may allow an appeal referred to in paragraph (1) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—
(a) that the decision was based on an error of fact;
(b) that the decision was wrong in law;
(c) that the decision was unreasonable;
(d) that the decision was made without following the procedures set out in the Act or regulations made under that Act.
(3) If the magistrates’ court allows an appeal referred to in paragraph (1) it may quash or vary the decision.
Application to the magistrates’ court in relation to certain decisions: Wales
18H. (1) At least 5 working days before making an appeal to the magistrates’ court under section 21(3) or (6), 24(2), 25(2) or (5), 33(6) or 36(3) of the Act the person proposing to make an appeal (“the appellant”) must notify the building control authority of their intention to make the appeal.
(2) An application to the magistrates’ court under section 21(3) or (6), 24(2), 25(2) or (5), 33(6) or 36(3) of the Act must be made within 15 working days beginning with the day on which the applicant notifies the building control authority under paragraph (1).
(3) If the magistrates’ court allows an appeal it may quash or vary the decision.
Appeals under section 101A of the Act: Wales
18I. (1) A person aggrieved with the refusal of a building control authority to consider an application for building control approval, an initial notice or an amendment notice on the grounds that all or part of the work to which the application or notice relates is higher-risk building work may appeal to the Welsh Ministers under section 101A of the Act provided the appeal is made within 20 working days beginning with the day after the day on which the building control authority refuses to consider the application.
(2) An appeal to the Welsh Ministers under section 101A of the Act must be made in writing, signed by the person who made the original application or one of the persons who gave the original initial notice or amendment notice (in this regulation “the appellant”) and must include the following information—
(a) the name, address, telephone number and (if available) email address of the appellant;
(b) a statement explaining why the appellant considers the work proposed in the original application or notice does not include higher-risk building work;
(c) where the appellant is a registered building control approver, a statement confirming the client agrees to the appeal being made.
(3) In addition to the information provided for in paragraph (2) the appeal must be accompanied by—
(a) a copy of the original application or notice given to the building control authority (including all documentation that accompanied the application or notice);
(b) all the information provided to the building control authority in relation to the application or notice;
(c) all the correspondence with the building control authority in relation to that application or notice;
(d) a copy of the notice sent to the building control authority under paragraph (4).
(4) At least 2 working days before submitting an appeal under section 101A(2) of the Act the appellant must give notice to the building control authority of their intention to do so.
(5) Where the appellant submits an appeal under section 101A of the Act through electronic facilities provided by the Welsh Ministers for that purpose, they are taken to have consented to the use of electronic communications for all purposes relating to the appeal that are capable of being carried out electronically.
(6) The deemed consent in paragraph (5) may be revoked by the appellant giving the Welsh Ministers 10 working days’ notice in writing specifying that the notice is given under this regulation.
(7) An appeal under section 101A of the Act is to be determined by consideration of written representations.
(8) The Welsh Ministers must give the building control authority which refused to consider the original application or notice the opportunity to make written representations in relation to a section 101A application.
(9) The Welsh Ministers may give any other person an opportunity to make written representations in relation to the appeal.
(10) The Welsh Ministers may, by notice in writing, require the building control authority in question to provide specified information, or provide copies of specified documents, by the date specified in the notice (that date must be no fewer than 5 working days after the date the notice is given).
(11) Before determining a section 101A application the Welsh Ministers may as they consider appropriate—
(a) hold any meeting with the appellant, the building control authority or any other person;
(b) undertake any site visit.
(12) The Welsh Ministers must determine the appeal within 40 workings days of the date on which the appeal is received and the decision in relation to the appeal must be given in writing to the appellant (and where the appellant is not the client, a copy of the decision must be given to them).
(13) A copy of the decision made by the Welsh Ministers must be sent to the building control authority.
(14) For the purposes of section 101A(6) of the Act, an appeal to the High Court under section 101A(6) of the Act may be made within 20 working days beginning with the day after the day on which the Welsh Ministers gave their decision to the appellant under paragraph (12).
(15) The Welsh Ministers may appoint a person to determine a section 101A application instead of the Welsh Ministers.
(16) At any time before a person appointed under this regulation has determined the appeal the Welsh Ministers may—
(a) revoke that person’s appointment;
(b) appoint another person to determine the appeal instead.
(17) A person appointed under paragraph (15) has the same powers and duties in relation to determination of a section 101A application as the Welsh Ministers and, in particular, where the appeal is determined by a person appointed under this regulation their decision is to be treated as the decision of the Welsh Ministers.”

---
Source: https://www.legislation.gov.uk/wsi/2025/1320/regulation/11 (the official version)
Page: https://openlegislation.uk/building-etc-amendment-no-2-wales-regulations-2025/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.