The Building Safety Levy (England) Regulations 2025
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Change 1
73 Appeal against decision on a review
(1) A person who has requested a review under regulation 71 may appeal to the First-tier Tribunal— (a) against the collecting authority’s decision on the review; (b) if the collecting authority fails to notify the person of the decision on the review within the period specified in regulation 72(5), against the decision or determination to which the review relates. (2) An appeal may not be made after the end of period of 28 days beginning with the day after— (a) the day on which the collecting authority notifies the person of the decision under regulation 72(5), or (b) in a case within paragraph (1)(b), the day on which the period specified in regulation 72(5) expires. (3) The grounds on which an appeal may be made are that— (a) the decision was based on an error of fact, or (b) the decision was wrong in law. (4) On an appeal the First-tier Tribunal may— (a) confirm the decision of the collecting authority, or (b) substitute for that decision another decision (the “new decision”) as to the amount of building safety levy chargeable in relation to the building control application or refund amount in relation to the application. (5) Where the First-tier Tribunal substitutes a decision under paragraph (4)(b), then regulations 37, 53, 54, 65, 66 or, as the case may be, 67 apply to the new decision as they applied to the original decision. (6) If the new decision is that no building safety levy is chargeable in relation to the building control application and a notice of no charge is given in relation to the new decision in accordance with regulation 37(4), the levy liability notice referred to in regulation 71(1)(a) is cancelled and the notice of no charge given under regulation 37(4) must include a statement to that effect.
73 Appeal against decision on a review
(1) A person who has requested a review under regulation 71 may appeal to the First-tier Tribunal— (a) against the collecting authority’s decision on the review; (b) if the collecting authority fails to notify the person of the decision on the review within the period specified in regulation 72(5), against the decision or determination to which the review relates. (2) An appeal may not be made after the end of period of 28 days beginning with the day after— (a) the day on which the collecting authority notifies the person of the decision under regulation 72(5), or (b) in a case within paragraph (1)(b), the day on which the period specified in regulation 72(5) expires. (3) The grounds on which an appeal may be made are that— (a) the decision was based on an error of fact, or (b) the decision was wrong in law. (4) On an appeal the First-tier Tribunal may— (a) confirm the decision of the collecting authority, or (b) substitute for that decision another decision (the “new decision”) as to the amount of building safety levy chargeable in relation to the building control application or refund amount in relation to the application. (5) Where the First-tier Tribunal substitutes a decision under paragraph (4)(b), then regulations 37, 53, 54, 65, 66 or, as the case may be, 67 apply to the new decision as they applied to the original decision. (6) If the new decision is that no building safety levy is chargeable in relation to the building control application and a notice of no charge is given in relation to the new decision in accordance with regulation 37(4), the levy liability notice referred to in regulation 71(1)(a) is cancelled and the notice of no charge given under regulation 37(4) must include a statement to that effect.
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