(This note is not part of the Regulations)
These Regulations authorise a local authority to fix and recover charges for the performance of their building control functions relating to building regulations according to a charging scheme governed by principles laid down in the Regulations. The Regulations make each local authority responsible for setting their own building control charges; and for doing so within the accounting and administrative requirements laid down in the Regulations. These Regulations largely re-enact the Building (Local Authority Charges) Regulations 1998 (“the 1998 Regulations”) which are revoked with savings.
Subject to one exception, regulation 3 enables a local authority to fix their charges by means of a charging scheme and recover those charges in respect of the five building control functions defined in regulation 5(1) and chargeable advice relating to those functions. Regulation 3(2) provides that in one instance, as set out in regulation 4, a local authority cannot fix charges in relation to building work solely for disabled persons.
Regulation 5(1) sets out the types of charge which a local authority are authorised to make for the five different control functions (“the chargeable functions”) of the Building Regulations. Regulation 5(2) authorises a local authority to charge for advice given in anticipation of the exercise of those functions.
Regulation 6 prescribes the principles of the scheme in respect of how local authorities are to estimate and fix their charges. The basic principle requires a local authority to have as their overriding objective, the need to balance as nearly as possible the costs of the services provided in relation to the chargeable functions and advice with the income derived from those services. Regulation 6(4) and (5) requires the authority to prepare and publish a financial statement at the end of each financial year setting out the costs, income and any surplus income or deficit. Under regulation 6(6) the statement has to be approved by a person who has the necessary financial authority to sign the statement. Where a charging scheme under these Regulations takes effect for the first time part of the way through the financial year, paragraphs (7) and (8) of regulation 6 require a local authority to take account of any estimated surplus or deficit arising in relation to the period of the financial year under which a scheme made under the 1998 Regulations has effect.
Regulation 7 sets out the main principles on which the charges are to be determined: charges must relate to the hourly charge-out rate of the officers of the local authority and the amount of time estimated for performing chargeable functions and providing chargeable advice. Regulation 7(4) stipulates that the hourly charge-out rate is to be set out in the charging scheme. Regulation 7(5) prescribes factors, as applicable in each case, to be taken into account in estimating the amount of time in relation to particular building work. Regulation 7(6) requires a local authority to publish any standard charges and the factors relied on in calculating those charges in their charging scheme. Regulation 7(7) allows a local authority to determine a charge where there is no standard charge for the building work in question. With the agreement of the relevant person, regulation 7(8) allows an authority to determine a charge (other than applying a standard charge) where one or more standard charges exist in relation to the building work in question.
Regulation 8 deals with the payment of charges. It identifies the times at which the different charges are payable, provides that charges may be paid by instalments by agreement; and specifies that the relevant person (as defined) will be responsible for payment of the different types of charge.
Regulation 9 authorises a local authority to make provision in their charging scheme to enable them to request necessary information before determining charges.
Regulation 10 imposes on local authorities a new requirement to make provision in their charging scheme about complaints.
Regulation 11 makes provision for refunds and supplementary charges, including as to their calculation.
Regulation 12 requires a local authority to publish within their area and at least 7 days before their charging scheme, any amendment or any replacement scheme is to have effect, the fact that they have made, amended or replaced the scheme, and to provide details including the date it is to come into effect and where it can be inspected. The regulation also requires that the scheme should be kept up-to-date and be made available for inspection by any member of the public free of charge.
Regulation 13 prevents contravention of any provision of the Regulations from being an offence under the Building Act 1984.
Regulation 14 prescribes fees payable to the Secretary of State where questions are referred to him for determination under section 16 or 50 of the Building Act 1984.
Regulation 15 provides for the revocation of the 1998 regulations but with transitional and saving provision. In particular, the transitional provision allows a local authority to make a charging scheme under these Regulations to come into force before 1st October 2010 but until it does so an existing scheme under the 1998 Regulations may continue to apply. All authorities must have done so by that date.
A full impact assessment of the effect that this instrument will have on the costs of business, and the public sector is available from the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU, and is annexed to the Explanatory Memorandum which is available alongside these Regulations on the OPSI website (which can be found at: http://www.opsi.gov.uk).