How does the Board decide on the appeal?
When the Board receives an appeal on a building control authority decision, it will look at the whole case again from the start as if the application was being made for the first time.
However, if the Board receives an appeal about one or more conditions attached to a building control authority decision, it can review the appeal and decide to consider only the conditions rather than considering the whole case from the beginning or first principles. If the Board decides to do this, it will make a decision on the condition or conditions. It can also direct the building control authority to attach, amend or delete conditions including a condition or conditions which were not the subject matter of the appeal.
How long does it take the Board to make a decision?
The Building Control Regulations state that the Board should make a decision on an appeal within four months. If we do not consider it possible or appropriate to give a decision within four months in a particular case, we will notify all participants concerned and indicate when the Board will give its decision.
Remember, by law no new building can be opened, operated or occupied while you are waiting for a decision on an appeal and until it has a statutory certificate of compliance. The building control authorities keep a register of building control activity for their areas.
How does the Board make its decision?
On receiving the inspector’s report and recommendation on the case, the file will be forwarded to the Board for a decision. The Board’s decision will be based on the submissions and documents provided with the appeal, technical guidance and will also consider the report and recommendations of the reporting inspector.
Will the Board tell me why it decides for or against my appeal?
Yes. The Board will provide its reasons and considerations which explain how it arrived at the appeal decision. We will write to all the participants in the appeal to inform them of the Board’s decision.
The Board Order containing the decision, including the reasons and considerations, together with the Board Direction and Inspector’s Report will normally be placed on the Board’s website. The case file can be viewed within 3 days after the Board’s decision through our ‘Viewing a decided case: Public Access service’.
When does the Board’s decision come into effect?
On the day the Board makes a decision, the building control authority’s decision is changed by the Board’s decision.