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A Guide to Determinations and Appeals

Main stages of 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.

* The building control body will be either the relevant local authority or the approved inspector you have employed.