Building Control Act 2007

9.

Amendment of section 9 (application to District Court in relation to enforcement notice) of Act of 1990.

9.— Section 9 of the Act of 1990 is amended by inserting the following after subsection (3):

“(3A) If the court makes a determination to which subsection (3)( a) or ( b) applies, it shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the applicant to pay to the building control authority concerned the costs and expenses, as measured by the court, incurred by the authority—

( a) in appearing and adducing evidence at the hearing, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and

( b) in so far as they have not been recouped pursuant to the provision (if any) of the enforcement notice referred to in section 8(4)( c), in relation to the investigation and detection of the matters to which the application relates, including costs incurred in respect of remuneration and expenses as aforesaid.”.