Communities and Local Government
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Determinations and appeals - introduction
The Building Act 1984 contains two procedures - determinations and appeals - which provide for the Secretary of State or the National Assembly for Wales (NAW), as appropriate, to adjudicate in disputes arising between people carrying out building work subject to the building regulations and a building control body.
Determinations relate to questions arising regarding compliance of plans for proposed building work with the building regulations, where either a Local Authority or private sector approved inspector is carrying out the building control service.
Appeals are made against decisions by local authorities to refuse applications to relax or dispense with one or more requirements of the regulations.
The former DTLR (now Communities and Local Government) and the NAW have jointly published;
A Guide to Determinations and Appeals
, which was originally published in November 2001, and has now been updated in September 2007 to include the 2006 Addendum.
The Guide explains the purpose of, and the distinction between, determinations and appeals and gives details of how to proceed with an application/appeal.
It is intended for anyone proposing to carry out building work - including designers, builders and professional advisers - who is seeking to ensure that their work complies with the requirements of the Building Regulations but has been unable to reach agreement with the building control body.
The Guide contains a 'key points to consider' summary. It is also a useful reference source for local authorities and approved inspectors.
Free of charge paper copies of the original Guide with the 2006 Addendum are still available from product@communities.gsi.gov.uk. Up to 100 paper copies of the Guide can be obtained on request.
Copies of previous determination and appeal decision letters by subject (excluding personal details) are also available on this site (see links in right column).
The Communities and Local Government email contact for determinations and appeals is: enquiries.br@communities.gsi.gov.uk.
