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The Building (Local Authority Charges) Regulations 2010

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Changes and effects yet to be applied to Regulation 5:

Principles of charging scheme: chargeable functions and adviceE+W

This section has no associated Explanatory Memorandum

5.—(1) A local authority are authorised, by means of a charging scheme, to make a charge for or in connection with each of the following functions carried out by them—

(a)[F1in relation to Wales,] the passing or rejection of plans of proposed building work which have been deposited with the local authority, in accordance with section 16 of the Act(1) (a “plan charge”);

[F2(aa)in relation to England—

(i)the passing or rejection of plans which have been deposited with the local authority, in accordance with section 16 of the Act, before 1st October 2023, or

(ii)the granting or rejection of an application for building control approval in relation to proposed building work in England made to the local authority in accordance with the Principal Regulations,

(“a plan charge”);]

(b)[F3in relation to Wales,] the inspection of building work for which plans have been deposited in accordance with the Principal Regulations and with section 16 of the Act (an “inspection charge”);

[F4(ba)in relation to England, the inspection of building work for which—

(i)plans have been deposited with the local authority, in accordance with section 16 of the Act, before 1st October 2023, or

(ii)an application for building control approval has been granted in accordance with the Principal Regulations,

(“an inspection charge”);]

(c)the consideration of a building notice which has been given to the local authority in accordance with the Principal Regulations (a “building notice charge”);

(d)[F5in relation to Wales,] the consideration of building work reverting to local authority control under the Approved Inspectors Regulations (a “reversion charge”);

[F6(da)in relation to England, the consideration of building work reverting to local authority control under the RBCA Regulations (a “reversion charge”);] and

(e)the consideration of an application under regulation [F718] of the Principal Regulations and the inspection of any building work to which that application relates (a “regularisation charge”).

(2) A local authority are authorised by means of a charging scheme, to make a charge in relation to a request for advice as regards any particular case (in these Regulations called “chargeable advice”) where such a charge is made in anticipation of the future exercise of their chargeable functions in relation to that case; but no charge may be made for the first hour of time spent by an officer of the authority in providing chargeable advice.

Textual Amendments

Commencement Information

I1Reg. 5 in force at 1.4.2010, see reg. 1

(1)

Section 16 was amended by the Statute Law (Repeals) Act 1993 (c.50), Schedule XIII, Group 1.

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