Principles of charging scheme as to paymentE+W

8.—(1) Subject to paragraph (3), a charging scheme made under these Regulations shall provide that—

(a)any plan charge shall be payable when plans of the building work are deposited with [F1, or an application for building control approval for the building work is made to,] the authority;

(b)any inspection charge shall be payable on demand made after the authority carry out the first inspection in respect of which the charge is payable;

(c)any building notice charge shall be payable when the building notice is given to the authority;

(d)[F2in relation to Wales,] any reversion charge shall be payable for building work in relation to a building—

(i)which has been substantially completed before plans are [F3first given to] the authority in accordance with regulation [F419(2)(a)(i)] of the Approved Inspectors Regulations, or

(ii)in respect of which plans for further building work [F5have been given to] the authority in accordance with regulation [F619(3)] of the Approved Inspectors Regulations,

on the first occasion on which those plans [F7are or have been given];

[F8(da)in relation to England, any reversion charge shall be payable for building work in relation to a building—

(i)which has been substantially completed before plans are first given to the authority in accordance with regulation 22(2)(a) of the RBCA Regulations, or

(ii)in respect of which plans for further building work have been given to the authority in accordance with regulation 22(3) of the RBCA Regulations,

on the first occasion on which those plans are or have been given;]

(e)any regularisation charge shall be payable at the time of the application to the authority in accordance with regulation [F918] of the Principal Regulations;

(f)any charge for chargeable advice shall be payable on demand after the authority have given the notice required by regulation 7(7);

(g)the charges payable in accordance with sub-paragraphs (a) to (f) are to be payable by the relevant person;

(h)there shall be paid with any charge payable to the authority under these Regulations an amount equal to any value added tax payable in respect of that charge;

(i)notwithstanding sub-paragraphs (a) to (f), any charge which is payable to the authority may, in a particular case, and with the agreement of the authority, be paid by instalments of such amounts payable on such dates as may be specified by the authority.

(2) Plans which are deposited [F10or an application for building control approval which is made] without payment of the plan charge imposed by virtue of paragraph (1)(a) or as agreed under paragraph (1)(i) are not deposited in accordance with building regulations for the purposes of section 16 of the Act [F11or is not validly made for the purposes of the Principal Regulations]; and a building notice given without payment of the building notice charge imposed by virtue of paragraph (1)(c) or as agreed under paragraph (1)(i) is not validly given for the purposes of the Principal Regulations.

(3) Where—

(a)a local authority determine a charge other than a standard charge; and

(b)plans of building work are deposited [F12, an application for building control approval is made] or a building notice is given before the authority have confirmed in writing the amount of the plan charge or the building notice charge (as the case may be),

the requirement imposed by virtue of paragraph (1)(a) or (c) shall not apply until the plan charge or the building notice charge (as the case may be) has been notified in accordance with paragraph (7) or (8) of regulation 7.

Textual Amendments

Commencement Information

I1Reg. 8 in force at 1.4.2010, see reg. 1