The Building Safety Levy (England) Regulations 2025
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Change 1
43 Cancellation and reinstatement of levy determination notices
(1) This regulation applies where a collecting authority has given a levy determination notice in relation to a building control application. (2) If, after a levy determination notice is given in relation to a building control application, a notice of rejection in respect of the first compliant commencement notice is given in accordance with— (a) regulation 16(3E) of the 2010 Regulations, (b) regulation 15(3) of the RBCA Regulations, (c) regulation 9(4) or 17(4) of the HRB Regulations, then on the day on which the rejection notice is given or, if the regulator is the building control authority, the day on which the collecting authority receives notification of the rejection, the levy determination notice in relation to the application is cancelled. (3) If, after a levy determination notice is given in relation to a building control application, the collecting authority is treated as receiving an updated application in relation to the original application and gives a levy determination notice in relation to the updated application under regulation 37, then on the day on which the levy determination notice for the updated application is given the levy determination notice in relation to the original application is cancelled. (4) If, after a levy determination notice is given in relation to the updated application, a notice of rejection of the updated application is given in accordance with— (a) regulation 14A(6) of the 2010 Regulations, (b) regulation 8(3) of the RBCA Regulations, (c) regulation 24(4) of the HRB Regulations, then on the day on which the rejection notice is given or, if the regulator is the building control authority, the day on which the collecting authority receives notification of the rejection, the levy determination notice in relation to the updated application is cancelled, and the levy determination notice in relation to the original application is reinstated. (5) The collecting authority must give notice to the named client of any cancellation or reinstatement of a levy determination notice under this regulation. (6) If the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, the collecting authority must give a copy of the notice under paragraph (5) to the registered building control approver. (7) A notice under paragraph (5) or (6) must be given before the end of the period of 5 working days beginning with— (a) in a case to which paragraph (3) applies, the day on which the levy determination notice for the updated application is given; (b) in any other case, the day on which the notice of rejection is given or, if the regulator is the building control authority, the day on which the collecting authority receives notification of the rejection. (8) If after a levy determination notice is given in relation to the updated application under regulation 37, a further variation application is made relating to the original application (“the undetermined variation application”) then— (a) references in this regulation (except in this paragraph) to the original application are to be treated as references to the original application as varied by all variation applications except the undetermined variation application; (b) references in this regulation (except in this paragraph) to the updated application are to be treated as references to the undetermined variation application.
43 Cancellation and reinstatement of levy determination notices
(1) This regulation applies where a collecting authority has given a levy determination notice in relation to a building control application. (2) If, after a levy determination notice is given in relation to a building control application, a notice of rejection in respect of the first compliant commencement notice is given in accordance with— (a) regulation 16(3E) of the 2010 Regulations, (b) regulation 15(3) of the RBCA Regulations, (c) regulation 9(4) or 17(4) of the HRB Regulations, then on the day on which the rejection notice is given or, if the regulator is the building control authority, the day on which the collecting authority receives notification of the rejection, the levy determination notice in relation to the application is cancelled. (3) If, after a levy determination notice is given in relation to a building control application, the collecting authority is treated as receiving an updated application in relation to the original application and gives a levy determination notice in relation to the updated application under regulation 37, then on the day on which the levy determination notice for the updated application is given the levy determination notice in relation to the original application is cancelled. (4) If, after a levy determination notice is given in relation to the updated application, a notice of rejection of the updated application is given in accordance with— (a) regulation 14A(6) of the 2010 Regulations, (b) regulation 8(3) of the RBCA Regulations, (c) regulation 24(4) of the HRB Regulations, then on the day on which the rejection notice is given or, if the regulator is the building control authority, the day on which the collecting authority receives notification of the rejection, the levy determination notice in relation to the updated application is cancelled, and the levy determination notice in relation to the original application is reinstated. (5) The collecting authority must give notice to the named client of any cancellation or reinstatement of a levy determination notice under this regulation. (6) If the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, the collecting authority must give a copy of the notice under paragraph (5) to the registered building control approver. (7) A notice under paragraph (5) or (6) must be given before the end of the period of 5 working days beginning with— (a) in a case to which paragraph (3) applies, the day on which the levy determination notice for the updated application is given; (b) in any other case, the day on which the notice of rejection is given or, if the regulator is the building control authority, the day on which the collecting authority receives notification of the rejection. (8) If after a levy determination notice is given in relation to the updated application under regulation 37, a further variation application is made relating to the original application (“the undetermined variation application”) then— (a) references in this regulation (except in this paragraph) to the original application are to be treated as references to the original application as varied by all variation applications except the undetermined variation application; (b) references in this regulation (except in this paragraph) to the updated application are to be treated as references to the undetermined variation application.
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