Part 3: Building Act 1984 Building control authorities and building regulations Section 37: Determination of certain applications by Secretary of State or Welsh Ministers Effect
This section provides that where the building control authority fails to make a decision on a prescribed application for higher-risk buildings within prescribed timescales, and there is no agreement with the applicant to extend the timescale, applicants can apply to the appropriate national authority for a decision on the original application within a prescribed time period. The building control authority will not be able to continue determining the original application once an application has been made to the appropriate national authority for a decision in these cases. In England, the building control authority for higher-risk buildings will be the Building Safety Regulator and the appropriate national authority will be the Secretary of State (see below as regards Wales).
	The appropriate national authority can appoint a person to determine these applications. Provisions will be made in building regulations for a person appointed to be able to determine the original application, including conferring functions on them and on the effect of their decisions. The appropriate national authority, and any appointed person, will have the powers of the building control authority to determine the original application with the Building Act 1984 and building regulations applying to them as they apply to the building control authority. They may for example impose requirements on approval of an application using powers under building regulations made under section 33 of this Act.
	Subsection (5) provides powers to make provision about these applications in building regulations. General procedural matters with regard to these applications will be set out in building regulations, for example prescribing the categories of applications that can use this procedure, prescribing the time period within which these applications must be made, the procedures for making an application, for determining an application, and specifying the form and content of documents. Building regulations can also place requirements on applicants and impose duties on the building control authority in relation to these cases, such as requiring applicants to notify the building control authority when they submit an application to the appropriate national authority and requiring the building control authority to provide relevant documents to the appropriate national authority.
	Applicants in England will be able to appeal decisions of the Secretary of State to the First-tier Tribunal.