The Building Safety (Regulator’s Charges) Regulations 2023
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Change 1
8 Charges for monitoring and regulatory intervention to ensure compliance
(1) Subject to paragraphs (3) and (4), a person must pay the charge arising from the performance of the chargeable functions under sub-paragraphs (s) and (t) of regulation 3(2) if the regulator has reasonable grounds to believe that the person may contravene, is contravening or has contravened a building enactment or a requirement imposed by virtue of a building enactment. (2) A charge for the performance of a chargeable function under sub-paragraphs (s) or (t) of regulation 3(2) must not include any costs which are connected with a criminal investigation or prosecution and which are incurred, in either case, after the date on which any information is laid by the regulator. (3) Where a charge is payable under paragraph (1) by— (a) a person who was acting in their capacity as an employee, that person’s employer must pay the charge; or (b) a resident or owner of a residential unit in an occupied higher-risk building, the principal accountable person for that building must pay the charge. (4) A charge is not payable under paragraph (1) in relation to an investigation under section 58H, 58T or 58Z3 of the 1984 Act by— (a) a registered building inspector if the regulator’s investigation concludes that they have not breached the code of conduct or been guilty of professional misconduct; or (b) a registered building control approver if the regulator’s investigation concludes that they have not contravened the professional conduct rules or the operational standards rules.
8 Charges for monitoring and regulatory intervention to ensure compliance
(1) Subject to paragraphs (3) and (4), a person must pay the charge arising from the performance of the chargeable functions under sub-paragraphs (s) and (t) of regulation 3(2) if the regulator has reasonable grounds to believe that the person may contravene, is contravening or has contravened a building enactment or a requirement imposed by virtue of a building enactment. (2) A charge for the performance of a chargeable function under sub-paragraphs (s) or (t) of regulation 3(2) must not include any costs which are connected with a criminal investigation or prosecution and which are incurred, in either case, after the date on which any information is laid by the regulator. (3) Where a charge is payable under paragraph (1) by— (a) a person who was acting in their capacity as an employee, that person’s employer must pay the charge; or (b) a resident or owner of a residential unit in an occupied higher-risk building, the principal accountable person for that building must pay the charge. (4) A charge is not payable under paragraph (1) in relation to an investigation under section 58H, 58T or 58Z3 of the 1984 Act by— (a) a registered building inspector if the regulator’s investigation concludes that they have not breached the code of conduct or been guilty of professional misconduct; or (b) a registered building control approver if the regulator’s investigation concludes that they have not contravened the professional conduct rules or the operational standards rules.
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