The Building (Prescribed Fees) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Building (Prescribed Fees etc.) Regulations 1985 and the Regulations amending them. They change the structure of the fees in some respects and increase the existing fees.

The changes introduced in the structure and levels of fees relate fees more closely to the cost of services carried out by local authorities.

The fee levels provided for in the Regulations represent increases over previous fee levels of 10 per cent. in relation to work in Schedule 1 and work in relation to certain small buildings in Schedule 2, and of 50 per cent. for domestic extensions falling within Schedule 2. The weighting of fees in Schedule 3 has been altered mainly to reduce the fees for work costing over £1 million to correct an imbalance between the fees payable and work done by local authorities.

New fees have been introduced for new work by local authorities in considering applications under regulation 13A of the Building Regulations 1991 (regularisation function) for a regularisation certificate in relation to unauthorised work, and for inspection, in certain circumstances, of installation of insulating material in cavity walls and unvented hot water systems.

Regulation 3 prescribes the functions in relation to which local authorities are authorised to charge fees. Regulation 4 authorises local authorities to charge fees in respect of those functions.

Regulation 5 introduces Schedule 1 which has effect to determine the amount of fees payable in the case of the erection of one or more small domestic buildings and certain connected work. It also introduces Schedule 2 which determines the amount of fees payable in the case of the erection of certain garages, carports, alterations, extensions and minor works. Schedule 3 determines the amount of fees in all other cases. Regulation 6 provides for a reduction in the plan fee where certain work is certified in accordance with section 16(9) of the Building Act 1984.

Regulation 7 provides for an exemption from a plan fee where such a fee has already been paid and not refunded in respect of plans subsequently deposited for substantially the same work. There is also an exemption for certain work in relation to disabled people (regulation 8). Regulation 9 provides an exemption from the plan fee for works in connection with the erection of a small domestic building in respect of which a plan fee has already been paid. Regulation 10 provides an exemption from the plan fee for the erection of certain garages, carports, extensions and alterations. Regulation 11 provides that an inspection fee or building notice fee is not to be charged for the inspection of works of drainage in connection with the erection of a small domestic building. It also provides that only one inspection fee or building notice fee may be charged by a local authority for all relevant work inspected on the same occasion. “Relevant work” is defined in the regulation.

Regulation 12 provides for the payment of fees. It makes it clear that any payment in respect of value added tax is required in addition to the fee prescribed. The regulation lays down when the fees are payable. Regulation 12(8) authorises a local authority to agree that a fee may be paid by instalments.

Where a fee is to be determined in accordance with Schedule 3 to the Regulations, regulation 13 provides that the deposited plans or building notice are to be accompanied by a written estimate of the cost of the work.

Regulation 14 provides for the refund of fees where a local authority do not give notice of passing or rejection of plans deposited with them in accordance with regulations 11 and 13 of the Principal Regulations within the relevant period for the purposes of section 16 of the Building Act 1984. Regulation 15 specifies the effect of failure to pay the plan fee or the building notice fee.

Regulation 16 revokes earlier Regulations relating to prescribed fees, and regulation 17 makes transitional provisions.

Regulation 18 introduces Schedule 4 which provides for the determination of fees chargeable by the Secretary of State in relation to functions of his under the Building Act 1984.

Regulation 19 designates each of the regulations as a provision to which section 35 of the Act does not apply. This prevents contravention of any of these regulations from being an offence.