How to appeal
You may appeal to the Department of Communities and Local Government (C and LG) against a decision of the Council to:
1. Reject plans
2. Refuse to grant an application for Relaxation of Building Regulations
3. Add a condition to the grant of an application for Relaxation
4. Serve a contravention notice in respect of defective work
Visit the Department of Communities and Local Government website to find out more about how to appeal. We will advise you on the procedure to be followed in lodging an appeal.
Contravention of Building Regulations
Contravention of Building Regulations can generally be categorised as follows:
- Failure to deposit plans before commencing building works
- Failure by the builder to give the required notice at specified stages of the work
- Failure to comply with the requirements of the Regulations in carrying out building work on site
We will only take legal action as a last resort, after all other avenues of resolving a contravention have been exhausted. Where building work does not comply with the Regulation, as mentioned in 3, above, we are empowered to serve a Building Regulations Contravention Notice. The Notice will specify the contravention and the period of time, normally 28 days, within which work must be made good, altered or removed.
On receipt of a Contravention Notice there are 4 options:
1. Compliance with the Notice - this will involve making good or removing the defective work
2. Challenging the Notice - this will involve obtaining a report from a suitably qualified person setting out reasons why the Notice should not have been served. The report is submitted to us. If we refuse to accept, you can appeal to the Department of Communities and Local Government (C and LG)
3. Appealing to the C and LG - this is a direct appeal to the Department against the service of the Notice
4. Applying for Relaxation of the Regulations which had been contravened - the application will be to us. If we refuse the application there is a right of appeal to the C and LG.