The Building (Local Authority Charges and Amendments Relating to Charging) (England) Regulations 2026
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Change 1
7 Refunds and supplementary charges
(1) If a local authority do not give notice, within the period required under the Principal Regulations, of the granting or rejection of an application for building control approval, they must refund any application charge paid. (2) If a local authority do not give notice, within the period required under Part 3 of the RBCA Regulations, accepting or rejecting— (a) an initial notice, (b) an amendment notice, (c) a plans certificate, (d) a final certificate, they must refund any RBCA charge paid in relation to that notice or certificate. (3) If a local authority do not give notice, within the period required by the 1984 Act, accepting or rejecting a transfer certificate and a transfer report, they must refund any RBCA charge paid in relation to the certificate. (4) If on the conclusion of an appeal against any decision of a local authority, the appeal is determined in favour of the appellant, the local authority— (a) must refund any charges in relation to the appeal paid by the appellant, and (b) must not recover any further charges relating to the appeal. (5) If, in relation to the determination of a charge— (a) the amount of work required of an officer of a local authority is less than that which was estimated, and (b) payment has been made of the charge as determined under the charging scheme, the authority must make a refund of an amount equal to the charge attributable to work that was not required. (6) If, in relation to the determination of a charge— (a) the amount of work required of an officer of a local authority is more than that which was estimated, and (b) payment has been made only of the charge as determined under the charging scheme, the authority must raise a supplementary charge in respect of the additional work. (7) A local authority are not liable to pay a refund under paragraph (1), (2) or (3) if— (a) they are prohibited from giving notice under paragraph (1), (2) or (3) by regulation 33(5) or (7) of the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023, or (b) the person, by whom or on whose behalf the application was made or notice was given, failed to supply information requested by the authority a reasonable time before the date on which the authority reasonably required the information in order to comply with the Principal Regulations or the 1984 Act. (8) A local authority are not required to pay a refund or raise a supplementary charge if the authority are satisfied that the amount is less than the administrative costs which the authority would incur in paying the refund or raising the charge. (9) In respect of an application for building control approval which is made to a local authority under the Principal Regulations, the application charge and inspection charge may be aggregated for the purpose of calculating any refund or supplementary charge. (10) Any payment of a refund or request for a supplementary charge must be accompanied by a statement setting out the basis for the refund or supplementary charge and, in the case of the latter, a calculation of that charge.
7 Refunds and supplementary charges
(1) If a local authority do not give notice, within the period required under the Principal Regulations, of the granting or rejection of an application for building control approval, they must refund any application charge paid. (2) If a local authority do not give notice, within the period required under Part 3 of the RBCA Regulations, accepting or rejecting— (a) an initial notice, (b) an amendment notice, (c) a plans certificate, (d) a final certificate, they must refund any RBCA charge paid in relation to that notice or certificate. (3) If a local authority do not give notice, within the period required by the 1984 Act, accepting or rejecting a transfer certificate and a transfer report, they must refund any RBCA charge paid in relation to the certificate. (4) If on the conclusion of an appeal against any decision of a local authority, the appeal is determined in favour of the appellant, the local authority— (a) must refund any charges in relation to the appeal paid by the appellant, and (b) must not recover any further charges relating to the appeal. (5) If, in relation to the determination of a charge— (a) the amount of work required of an officer of a local authority is less than that which was estimated, and (b) payment has been made of the charge as determined under the charging scheme, the authority must make a refund of an amount equal to the charge attributable to work that was not required. (6) If, in relation to the determination of a charge— (a) the amount of work required of an officer of a local authority is more than that which was estimated, and (b) payment has been made only of the charge as determined under the charging scheme, the authority must raise a supplementary charge in respect of the additional work. (7) A local authority are not liable to pay a refund under paragraph (1), (2) or (3) if— (a) they are prohibited from giving notice under paragraph (1), (2) or (3) by regulation 33(5) or (7) of the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023, or (b) the person, by whom or on whose behalf the application was made or notice was given, failed to supply information requested by the authority a reasonable time before the date on which the authority reasonably required the information in order to comply with the Principal Regulations or the 1984 Act. (8) A local authority are not required to pay a refund or raise a supplementary charge if the authority are satisfied that the amount is less than the administrative costs which the authority would incur in paying the refund or raising the charge. (9) In respect of an application for building control approval which is made to a local authority under the Principal Regulations, the application charge and inspection charge may be aggregated for the purpose of calculating any refund or supplementary charge. (10) Any payment of a refund or request for a supplementary charge must be accompanied by a statement setting out the basis for the refund or supplementary charge and, in the case of the latter, a calculation of that charge.
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