C8

Prospective affecting provision: section inserted by Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025 (20/2025), s. 38, not commenced as of date of revision.

F29[10A.—(1) Where an enforcement notice has taken effect under section 8(5) or been confirmed under section 9, the person on whom the notice was served may apply in writing to the building control authority concerned for the withdrawal of the enforcement notice on the grounds that the notice has been complied with.

(2) An application under subsection (1) shall be accompanied by such plans, documents, or information concerning compliance that may be relevant to demonstrate to the building control authority compliance with the enforcement notice.

(3) The building control authority concerned shall, within a period of 2 months beginning on the date of receipt of an application under subsection (1), or within such extended period as may at any time be agreed in writing between the applicant and the building control authority—

(a) withdraw the enforcement notice where it is satisfied that it has been complied with, or

(b) refuse to withdraw the enforcement notice, and, where the application is refused, state the reasons in writing for the refusal.

(4) Where an application has been made under subsection (1) and the building control authority refuses to withdraw the enforcement notice, the person on whom the notice was served may, within 4 weeks of the date of the refusal, or such later date as may be permitted by the District Court, apply to the District Court for an order directing the building control authority to withdraw the enforcement notice.

(5) An application under subsection (4) shall be on notice to the building control authority concerned.

(6) On the hearing of an application under subsection (4), the District Court may—

(a) dismiss the application and affirm the refusal of the building control authority to withdraw the enforcement notice, or

(b) direct the building control authority to withdraw the enforcement notice.

(7) Where an enforcement notice has been withdrawn by a building control authority under subsection (3), or in accordance with an order of the District Court under subsection (6)(b), the building control authority concerned shall notify, in writing, the person on whom the notice was served and note the decision to withdraw the notice and the date of the withdrawal of the notice.

(8) The jurisdiction conferred on the District Court under this section shall be exercised by a judge of that court for the time being assigned to the district court district in which the building or works is situated.]