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Main stages of determination & appeals procedures

 

  Determination Relaxation Dispensation
 Context

 A requirement in the Building Regulations applies:

 

A requirement in the Building Regulations applies:

 

 A requirement in the Building Regulations applies:

 Your Position

 You believe your plans comply (notwithstanding the fact that they may not accord with guidance in the relevant Approved Document).

 

You believe a requirement is too onerous and that there are good reasons for not complying with a particular aspect of it.

 

 You believe the whole of a requirement is inappropriate, or unreasonable, in your particular case.

 Action By You

 Discuss with building control body* and then seek local authority 'full plans' approval, or a 'plans certificate' from approved inspector.

 

 Discuss with building control body* and if appropriate then apply to local authority for a relaxation.

 

 Discuss with building control body* and if appropriate then apply to local authority for a dispensation.

 Outcome Of Application

 

Building control body:

  • indicates does not comply;
  • issues a formal rejection/withholds 'plans certificate'.

 

 Local authority refuses your application.

 Local authority refuses your application.

 Further Action By You, If You Wish, And Timing

 You can apply for a determination to the Secretary of State/NAW at any stage from submitting plans to building control body, but this must be before you substantially commence the building work.

 

You can appeal to the Secretary of State/NAW against decision within 1 month of local authority notifying you of their decision.

 

 You can appeal to the Secretary of State/NAW against decision within 1 month of local authority notifying you of their decision

 

 

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