336.Section 64 allows an affected person to request a review of a reviewable decision. The purpose of the review process is, broadly speaking, to enable affected persons to challenge decisions and provide them with the opportunity to make representations and provide (subject to subsection (5)) further information to the building safety authority. Ultimately this process should reduce the number of applications made to the tribunal.
337.Subsection (2) places a duty on the Welsh Ministers to make regulations making provision about how a notice of a request for a review must be given, the form and content of a notice and the deadline for giving a notice.
338.Under subsection (3), regulations under subsection (2) may also make provision about documents to be included with a notice of a request for a review and provision for the building safety authority to extend the deadline for giving a notice.
339.Subsection (4) places a duty on a building safety authority to review a decision where requested to do so, if the request complies with the requirements of subsection (1) (see also subsection (2)). Subsections (5) and (6) make provision as to the nature and extent of a review and the consideration of any representations, information or documents given by the affected person. Subsection (7) sets out the decisions a building safety authority can make on conclusion of a review.
340.Subsections (8) to (9) set out what a building safety authority must do once a review has concluded. Regulations under subsection (12) will specify the “relevant period”, before the end of which, the outcome must be notified to all affected persons, although the “relevant period” can be changed by agreement in writing between the authority and the affected person who requested the review (subsection (12)(b)). Subsections (10) and (11) make provision in respect of cases where a building safety authority has not notified the affected person who requested the review of the outcome of the review within the “relevant period”.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Chapter 9 - Reviews and Appeals Section 64 - Review of reviewable decision