Guidance

Building regulations: appeals

Guidance about meeting the building regulations, given by decisions on appeals against refusals by local authorities to relax or dispense with one or more requirements of the regulations.

• From: Ministry of Housing, Communities and Local Government, Ministry of Housing, Communities & Local Government (2018 to 2021) and Department for Levelling Up, Housing and Communities
• Published: 15 November 2012
• Last updated: 10 May 2016 — See all updates

Introduction

A local authority may refuse an application from someone carrying out building works to relax or dispense with one or more requirements of the building regulations. If this happens, the person carrying out the building works may appeal against the local authority’s decision to the Secretary of State for Ministry of Housing, Communities and Local Government.

We’ve published a guide to determinations and appeals that contains more details about the appeals process and when you should use it. The law governing the procedure is the Building Act 1984.

All the decisions on appeals made by the Secretary of State are listed below, categorised by the part of the building regulations they refer to.

If you have more questions about building regulations appeals, email enquiries.br@communities.gov.uk.

How to appeal

The appeal procedure is a 2-stage process. First, you make an application to the local authority (whether or not you are using the local authority or an approved inspector to provide the building control service for your building work) asking the authority to either relax or dispense with the particular requirement of the building regulations.

Only if the local authority refuses will you need to consider using your right of appeal to the Secretary of State for Housing, Communities and Local Government. You would complete the form below and post or email it to the Ministry of Housing, Communities and Local Government. The address is on the form.

Building regulations appeals: application form

MS Word Document, 1.01 MB

A1: loading

The downloads below relate to part A1 of the building regulations.

Appeal about the erection of a mezzanine floor in a warehouse (ref: 45/3/133)

PDF, 14.5 KB, 3 pages

Appeal about an existing first-floor in a building designed as a retail shop and dwellings (ref: 45/3/126)

PDF, 14.2 KB, 3 pages

B1: means of warning and escape

The downloads below relate to part B1 of the building regulations.

Appeal about the removal of 3 internal walls and installation of bi-fold door (ref: App/007/002/014)

PDF, 74.7 KB, 10 pages

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Appeal about the conversion of a property into self contained flats (ref: App/007/002/012)

PDF, 32.9 KB, 4 pages

Appeal about the installation of a replacement window (ref: SB/007/002/008)

PDF, 29.5 KB, 4 pages

Appeal about the erection of 4 4-storey houses (ref: SB/007/002/006)

PDF, 25.6 KB, 4 pages

Appeal about building work to convert 3 2-storey maisonettes into 10 flats (ref: SB/007/002/002)

PDF, 30 KB, 5 pages

Appeal about use of a loft space forming part of a 2-storey side extension (ref: SB/007/002/004)

PDF, 33.8 KB, 6 pages

Appeal about a loft conversion (ref: 45/3/190)

PDF, 24.9 KB, 4 pages

Appeal about 3 2-storey flats, forming part of new development (ref: 45/3/188)

PDF, 31.8 KB, 4 pages

Appeal about self-closing fire doors at a care home (ref: 45/3/183)

PDF, 24 KB, 7 pages

Appeal about an additional storey and other internal alterations to a 4-storey house (ref: 45/3/182)

PDF, 45 KB, 6 pages

Appeal about proposed building work to install a platform stair lift on the second floor of a polytechnic (ref: 45/3/174)

PDF, 16.2 KB, 4 pages

Appeal about the height of a new window (ref: 45/3/176)

PDF, 19.7 KB, 3 pages

Appeal about the proposed installation of a sprinkler system (ref: 45/3/172)

PDF, 17.4 KB, 4 pages

Appeal about building work at a flat (ref: 45/3/169)

PDF, 17.8 KB, 4 pages

Appeal about a need to reinstate a glazed door and screens to the main stair enclosure at first-floor level (ref: 45/3/164)

PDF, 21.8 KB, 6 pages

Appeal about a loft conversion above a flat to form a maisonette (ref: 45/3/157)

PDF, 23.7 KB, 7 pages

Appeal about a ground-floor level stair which will be open to an enlarged hall (ref: 45/3/152)

PDF, 15.1 KB, 4 pages

Appeal about the need for a protected stair at ground-floor level (ref: 45/3/148)

PDF, 20.9 KB, 6 pages

Appeal about the position of 2 velux escape windows on the newly constructed second floor forming part of a loft conversion (ref: 45/3/150)

PDF, 17.1 KB, 4 pages

Appeal about the need for fire-resistant self-closing doors at a dwelling house (ref: 45/3/149)

PDF, 23.1 KB, 7 pages

Appeal about the need to enclose a new external fire escape staircase at a factory mill building (ref: 45/3/147)

PDF, 17.4 KB, 4 pages

Appeal about the need for an exit door at the foot of the stair (ref: 45/3/146)

PDF, 17.8 KB, 5 pages

Appeal about the need for a lobby at first-floor level (ref: 45/3/145)

PDF, 16 KB, 4 pages

Appeal about the need for a lobby to avoid an inner room situation at third-floor level (ref: 45/3/139)

PDF, 17.2 KB, 4 pages

Appeal about the emergency egress route from a roof space conversion (ref: 45/3/143)

PDF, 17.9 KB, 4 pages

Appeal about ventilation to a staircase serving a block of flats (ref: 45/3/132)

PDF, 15.8 KB, 4 pages

Appeal about internal alterations to a retail unit (ref: 45/3/115)

PDF, 17.2 KB, 4 pages

Appeal about a third-storey loft conversion (ref: 45/3/127)

PDF, 15.2 KB, 4 pages

Appeal about a canopy over ground to first-floor staircase (ref: 45/3/111)

PDF, 15.7 KB, 4 pages

Appeal about the alteration of a roof space to form a habitable room in a 2-storey dwelling (ref: 45/3/123)

PDF, 15.6 KB, 4 pages

Appeal about internal alterations to a 3-storey dwelling (ref: 45/3/109)

PDF, 14.1 KB, 3 pages

B2: internal fire spread (linings)

The downloads below relate to part B2 of the building regulations.

Appeal about the erection of a timber frame swimming pool building (ref: 45/3/110)

PDF, 16.4 KB, 4 pages

B3: internal fire spread (structure)

The downloads below relate to part B3 of the building regulations.

Appeal about the fire specification of a communicating door to a newly constructed attached garage to a dwelling (ref: 45/3/122)

PDF, 14.6 KB, 3 pages

B4: external fire spread

The downloads below relate to part B4 of the building regulations.

Appeal about a new covered market (ref: 45/3/112)

PDF, 22.2 KB, 6 pages

Appeal about a completed rear conservatory to the first floor (ref: 45/3/114)

PDF, 19.1 KB, 5 pages

B5: access and facilities for the fire service

The downloads below relate to part B5 of the building regulations.

Appeal about the need for a second fire fighting shaft in a proposed office development (ref: 45/3/129)

PDF, 19.1 KB, 5 pages

E1: protection against sound from parts of the building and adjoining buildings

The downloads below relate to part E1 of the building regulations.

Appeal about a ground-floor extension, alterations, and creation of a room in the roof space of an existing 2-storey mid-terrace building (ref: 45/3/195)

PDF, 29.2 KB, 4 pages

Appeal about an extension to a school boarding house (ref: 45/3/180)

PDF, 21.8 KB, 4 pages

Appeal about the wall separating Flat 1a from the common hall and stair on the ground floor (ref: 45/3/158)

PDF, 17.1 KB, 4 pages

F1: means of ventilation

The downloads below relate to part F1 of the building regulations.

Appeal about ventilation in 2 new bathrooms forming part of an extension (ref: 45/3/197)

PDF, 27.9 KB, 4 pages

Appeal about ventilation in 2 en-suite bathrooms forming part of a 2-storey house (ref: 45/3/192)

PDF, 27.5 KB, 3 pages

F2: condensation in roofs

The downloads below relate to part F2 of the building regulations.

Appeal about insulation of a pitched roof space which has been converted into bedroom accommodation (ref: 45/3/124)

PDF, 16.5 KB, 4 pages

H2: wastewater treatment systems and cesspools

The downloads below relate to part H2 of the building regulations.

Appeal about the capacity of a cesspool serving a toilet block (ref: 45/3/196)

PDF, 37.2 KB, 6 pages

H3: rainwater drainage

The downloads below relate to part H3 of the building regulations.

Appeal about a 5-bay aircraft hangar port (ref: 45/3/125)

PDF, 21.6 KB, 4 pages

K1: stairs, ladders and ramps

The downloads below relate to part K1 of the building regulations.

Appeal against refusal in respect of the limited headroom on the stairs, forming part of a loft in a new detached bungalow (ref: SB/007/002/017)

PDF, 148 KB, 6 pages

This file may not be suitable for users of assistive technology.

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Appeal against refusal in respect of the limited headroom on the stairs, forming part of a loft conversion (ref: SB/007/002/016)

PDF, 246 KB, 7 pages

This file may not be suitable for users of assistive technology.

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If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email alternativeformats@communities.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Appeal about a new stair from second to third level (ref: 45/3/198)

PDF, 27.1 KB, 4 pages

Appeal about a proposed spiral stair forming part of a loft conversion (ref: 45/3/193)

PDF, 29.7 KB, 5 pages

Appeal about the headroom over the stair forming part of completed building work comprising the conversion of listed barns into dwellings (ref: 45/3/185)

PDF, 27.5 KB, 4 pages

Appeal about the alterations to a stair to give access to a first-floor extension (ref: 45/3/181)

PDF, 23.6 KB, 3 pages

Appeal about the headroom over a stair forming part of completed building work (ref: 45/3/177)

PDF, 17.6 KB, 4 pages

Appeal about the headroom of a stair as part of completed work to form a habitable room in the roof space (ref: 45/3/165)

PDF, 42.5 KB, 8 pages

Appeal about the headroom of a stair as part of building work to form a habitable room in the roof space (ref: 45/3/161)

PDF, 38.2 KB, 7 pages

Appeal about a stair forming part of completed building work at a visitors centre (ref: 45/3/160)

PDF, 18.2 KB, 4 pages

Appeal about the design of a stair between the first and second floors forming part of building work to erect a 4-storey dwelling and detached garage (ref: 45/3/156)

PDF, 22.6 KB, 6 pages

Appeal about the need to provide intermediate handrails to the principal access stairs as part of building work at a national museum (ref: 45/3/144)

PDF, 16.6 KB, 4 pages

Appeal about the provision of a new staircase to serve first-floor living accommodation (ref: EIN CYF)

PDF, 13.2 KB, 3 pages

Appeal about an open and unguarded stair giving access to a loft conversion (ref: 45/3/141)

PDF, 14.2 KB, 3 pages

Appeal about a new spiral stair installed as part of a conversion of a barn to a dwelling (ref: 45/3/137)

PDF, 14.6 KB, 3 pages

Appeal about a proposed balustrade guarding to an existing stair in a dwelling (ref: 45/3/120)

PDF, 16.2 KB, 4 pages

Appeal about the installation of a new stair to serve a new room in a roof space (ref: 45/3/130)

PDF, 14.7 KB, 3 pages

K2: protection from falling

The downloads below relate to part K2 of the building regulations.

Appeal about the omission of guarding at a change of floor levels between living areas (ref: 45/3/184)

PDF, 31.5 KB, 5 pages

Appeal about the height of the balustrades to the first-floor balconies to apartments (ref: 45/3/134)

PDF, 16.9 KB, 4 pages

Appeal about the design of the balustrades to the balconies and external walkway as part of the conversion of a building (ref: 45/3/140)

PDF, 14.4 KB, 3 pages

L1: conservation of fuel and power

The downloads below relate to part L1 of the building regulations.

Appeal against refusal in respect of replacing two boilers as part of a conversion of two dwellings into one (ref: App/007/002/015)

PDF, 166 KB, 6 pages

This file may not be suitable for users of assistive technology.

Request an accessible format.

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Appeal about the conversion of a barn (ref: SB/007/002/011)

PDF, 42 KB, 6 pages

This file may not be suitable for users of assistive technology.

Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email alternativeformats@communities.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Appeal about the construction of a swimming pool enclosure over the existing outdoor pool at a primary school (ref: SB/007/002/005)

PDF, 30.6 KB, 4 pages

Appeal about proposed glazing forming part of building work to convert a listed barn to a dwelling (ref: 45/3/179)

PDF, 29.2 KB, 7 pages

Appeal about proposed glazing within the windows forming part of building work at a farmhouse (ref: 45/3/167)

PDF, 64.5 KB, 11 pages

Appeal about a proposed open-plan conservatory (ref: 45/3/159)

PDF, 23.6 KB, 6 pages

M1: access and use

The downloads below relate to part M1 of the building regulations.

Appeal about the construction of lobbies forming part of building work to erect a new mansard storey comprising 6 self-contained flats (ref: SB/007/002/007)

PDF, 22.1 KB, 3 pages

Appeal about the provision of vertical circulation within a unit in a business park (ref: SB/007/002/003)

PDF, 36.6 KB, 5 pages

Appeal about provision of a single step forming part of building work to an existing visitor centre botanical gardens (ref: 45/3/186)

PDF, 31.7 KB, 4 pages

M2: access to extensions to buildings other than dwellings

The downloads below relate to part M2 of the building regulations.

Appeal about squash courts access doors at a leisure centre (ref: 45/3/187)

PDF, 61.1 KB, 8 pages

Appeal about access to the basement level of a completed new building at a high school (ref: 45/3/173)

PDF, 30.3 KB, 7 pages

Appeal about the provision of a vertical passenger lift in a new 4-storey building at an academy (ref: 45/3/171)

PDF, 26.9 KB, 8 pages

M3: sanitary conveniences in extensions to buildings other than dwellings

The downloads below relate to part M3 of the building regulations.

Appeal about the provision of sanitary accommodation (ref: 45/3/168)

PDF, 41.5 KB, 8 pages

Appeal about sanitary conveniences in a small single-storey office facility (ref: 45/3/116)

PDF, 17.1 KB, 4 pages

Appeal about a toilet in a newly constructed dental surgery (ref: 45/3/117)

PDF, 16.2 KB, 4 pages

M4: sanitary conveniences in dwellings

The downloads below relate to part M4 of the building regulations.

Appeal about moving a ground-floor bathroom with a toilet to the first floor (ref: SB/007/002/010)

PDF, 33.1 KB, 4 pages

Appeal about the provision of ground-floor toilet facilities forming part of the erection of 2 dwellings (ref: 45/3/194)

PDF, 24.4 KB, 4 pages

Appeal about a ground-floor toilet forming part of a 2-storey infill house (ref: 45/3/191)

PDF, 30.1 KB, 3 pages

Appeal about the provision of sanitary accommodation in the entrance storey of a new dwelling (ref: 45/3/175)

PDF, 23.3 KB, 5 pages

Local Acts

The downloads below relate to local Acts.

Berkshire Act 1986: Section 37(6): appeal about plans to build a warehouse building (ref: 45/4/29)

PDF, 38.4 KB, 12 pages

Greater Manchester Act 1981: Section 65: appeal about plans relating to the erection of a factory building containing a raw materials store (ref: 45/4/31)

PDF, 29.6 KB, 7 pages

Greater Manchester Act 1981: Section 65: appeal about plans for building work to provide a stand-alone smoke ventilation system in a warehouse (ref: 45/4/30)

PDF, 33.2 KB, 8 pages

Berkshire Act 1986: Section 37: appeal about proposals for a smoke venting system in a warehouse (ref: 45/4/4)

PDF, 74.2 KB, 22 pages

Hampshire Act 1983: Section 13: appeal about a condition relating to the provision of a smoke ventilation system as part of building work (ref: 45/4/28)

PDF, 19 KB, 5 pages

Hampshire Act 1983: Section 13: Appeal about plans relating to the erection of a single-storey distribution warehouse (ref: 45/4/24)

PDF, 17.8 KB, 4 pages

Surrey Act 1985: Section 19: appeal about a condition relating to the provision of a smoke ventilation system as part of building work (ref: 45/4/26)

PDF, 19.3 KB, 5 pages

Hampshire Act 1983: Section 13: appeal about plans for the extension to an existing single-storey factory (ref: 45/4/22)

PDF, 18 KB, 4 pages

Hampshire Act 1983: Section 13: appeal about proposals for fitting out of a new distribution warehouse building (ref: 45/4/23)

PDF, 17 KB, 4 pages

Appeal relating to more than one requirement

The downloads below relate to more than one part of the building regulations.

Appeal against refusal to relax or dispense with requirements on a material change of use (ref: App/007/002/018)

PDF, 140 KB, 5 pages

This file may not be suitable for users of assistive technology.

Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email alternativeformats@communities.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Appeal about the installation of a stairlift to a common stair: B1 and K1 (ref: SB/007/002/009)

PDF, 31.6 KB, 4 pages

Appeal about the construction of a swimming pool and changing facilities, forming an extension to a leisure centre: M1, M3 and K5 (ref: SB/007/002/001)

PDF, 41 KB, 6 pages

Appeal about construction of a staircase: K1 and B1 (ref: 45/3/199)

PDF, 31 KB, 4 pages

Appeal about converting the centre of a former Odeon cinema building into a nightclub: M1 and M3 (ref: 45/3/189)

PDF, 40 KB, 6 pages

Appeal about the change of use of a disused cow byre: K1 and M2 (ref: 45/3/162)

PDF, 19.8 KB, 5 pages

Appeal about construction of a modular office complex: M2 and B1 (ref: 45/3/138)

PDF, 20 KB, 5 pages

Appeal about proposals to convert a lighthouse (Listed Grade II) into a dwelling: B1 and B5 (ref: 45/3/136)

PDF, 22.8 KB, 6 pages

Appeal about an alternating tread spiral staircase giving access to a third-storey loft conversion: B1 and K1 (ref: 45/3/119)

PDF, 16.7 KB, 4 pages

Published 15 November 2012
Last updated 10 May 2016 + show all updates

1. 10 May 2016

   Added decision letter : Appeal against refusal to relax or dispense with requirements on a material change of use (ref: App/007/002/014), under sub heading: Appeal relating to more than one requirement.

2. 13 August 2015

   Added three new appeal letters . Ref 007/002/015 under Part L1, 007/002/016 and 007/002/017 under Part K1.

3. 17 October 2014

   Added appeal decision letter under subheading 'B1: means of warning and escaper' - 'Appeal about the removal of 3 internal walls and installation of bi-fold door (ref: SB/007/002/014)

4. 25 April 2013

   Added decision letter on the conversion of a property into self contained flats under B1: means of warning and escape.

5. 15 November 2012

   First published.