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CONSULTATION ON REGULATIONS IN SUPPORT OF THE BUILDING (SCOTLAND) ACT

6 Appeals

6.1 Matters subject to appeal

6.1.1 The Act permits appeals to the Sheriff Court on the following matters:

1 where the Scottish Ministers refuse an application to relax or dispense with a provision of the building regulations

2 where a verifier refuses to grant or amend the terms of a warrant

3 where a verifier refuses to extend a warrant for a limited-life building

4 where a verifier rejects a Completion Certificate

5 where a verifier imposes continuing requirements

6 where a verifier refuses to discharge or vary a continuing requirement

7 where a local authority serves a notice (regarding building regulations compliance, continuing requirement enforcement, building warrant enforcement, defective or dangerous buildings).

6.2 Time limits

6.2.1 An appeal must be made within 21 days of a decision being issued or of a notice being served. Where a verifier has not made a decision in relation to items 2, 3, 4, or 6 above, a decision is deemed to have been made by the period specified in the procedure regulations. For item 2 above the period is three months for an amendment or if no first report is issued, or 12 months, subject to extensions for obtaining relaxations etc. For item 3 above one month is specified, for item 4 above 14 days is specified, and for item 6 the period is one month.

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