40 Appeal against section 36 notice
Building Act 1984 (1984 c 55) | Legislation

40  Appeal against section 36 notice

(1)     A person aggrieved by the giving of a section 36 notice may appeal to a magistrates' court [the appropriate court or tribunal] . . ..

(2)     Subject to subsection (3) below, on an appeal under this section the court [or tribunal] shall—

(a)     if it determines that the [building control authority] were entitled to give the notice, confirm the notice, and

(b)     in any other case, give the [building control authority] a direction to withdraw the notice.

(3)

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