Building Control Act 1989 · 2020 Revised Edition · Part 2 · Control of Building Works
22. Appeals
Feedback & supportLast amended by an amending law of 2024. 4 amendments in all.
Where an application made under —
section 5 or 5A for approval of plans of any building works;
section 6 for a permit to carry out any structural works;
section 6A for any modification or waiver of the requirements of the building regulations in relation to any particular building works;
section 7A(3) for a waiver of the operation of section 7(1) in relation to any building works; (e)section 15 for registration, or for the renewal of registration, as an accredited checker, a specialist accredited checker or an accredited checking organisation; or
section 22FC for registration, or for the renewal of registration, as an energy auditor,is refused, or is granted by the Commissioner of Building Control subject to terms and conditions, the applicant may, if aggrieved by the decision of the Commissioner of Building Control, appeal to the Minister against the decision within 14 days after being served with the notice of the decision.
Where the Commissioner of Building Control has made a decision under section 5AA(5)(a) and (b), the developer concerned may appeal to the Minister against the decision within 14 days after being served with the notice of the decision.
Commissioner of Building Control
“Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;
If the Commissioner of Building Control has made an order under section 17 in respect of an accredited checker, a specialist accredited checker or an accredited checking organisation, the accredited checker, specialist accredited checker or accredited checking organisation concerned may appeal to the Minister against the order within 14 days after being served with the notice of the order.
accredited checker
“accredited checker” means a person who is registered as an accredited checker under section 16, whether acting on his or her own behalf or on behalf of an accredited checking organisation;
If the Commissioner of Building Control has cancelled or suspended the registration of an energy auditor under section 22FD, the energy auditor concerned may appeal to the Minister against the cancellation or suspension within 14 days after being served with the notice of the cancellation or suspension.
registration
“registered” or “registration” means registered or registration under this Part authorising the person registered to carry on any registrable activity or a class of registrable activity specified in the registration;
In any appeal under this section in relation to the conviction of an accredited checker, a specialist accredited checker, an accredited checking organisation or an energy auditor for a criminal offence, the Minister on appeal from any order or decision of the Commissioner of Building Control is to accept the conviction as final and conclusive.
specialist accredited checker
“specialist accredited checker” means an accredited checker who is registered under section 16 to undertake the work of an accredited checker as regards the geotechnical aspects of any geotechnical building works;
Where an appeal is brought under this section from a decision of the Commissioner of Building Control, the Minister may, after giving the aggrieved appellant an opportunity to make written representations, dismiss or allow the appeal, unconditionally or subject to any conditions that he or she thinks fit.
The decision of the Minister in any appeal under this section is final.