341.The purpose of this section is to enable an affected person to appeal to the residential property tribunal against a reviewable decision if they are dissatisfied with the outcome of a review of that decision under section 64.
342.If the result of the review under section 64 was that the building safety authority varied the decision, it is the varied decision that can be appealed to the tribunal (subsection (2)).
343.Subsection (3) provides for the timeframes in which an appeal must be made. An affected person must appeal to the tribunal before the end of 28 days beginning with the day after the day on which the notice under section 64(7) or (9)(b) is given. Subsection (4) gives the tribunal discretion to allow late appeals, if is satisfied that there is a good reason for the failure to appeal before the end of the 28 days (and for any delay in applying for permission to appeal out of time).
344.Subsection (5) provides for the grounds of appeal available to the affected person. Subsection (6) provides that evidence that was not available to the building safety authority when it made its decision, or when it reviewed its decision, may be considered by the tribunal. The tribunal may uphold, vary or quash the decision that the building safety authority has made (subsection (7)).
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Chapter 9 - Reviews and Appeals Section 65 - Appeal to residential property tribunal