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When does a notice under section 36 of the Building Act 1984 commence?
Resource type: Ask
Published on 17-Mar-2017
I have considered your Practice note, Building Regulations: enforcement, specifically in respect of the section 36 enforcement notice.
I note that under section 40 of the Building Act 1984 allows for an appeal to be made to the magistrates' court by a person aggrieved within 28 days of the giving of the section 36 notice.
Are you able to assist me as to whether the commencement date of a section 36 notice, therefore, is after the 28 days have elapsed or does it become operative as soon as it is issued? Any guidance on this would be greatly appreciated, I have been unable to find any guidance on my own research.
Anonymous (Public sector)
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