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80 provisions
40 “Notice of no charge”
(1) A “notice of no charge” is a notice, in relation to a building control application, stating that no building safety levy is chargeable in respect of the application.
(2) A notice of no charge must specify—
(a) the building control application to which the notice relates,
(b) the number of dwellings, if any, that would be provided as a result of the building work to which the application relates,
(c) if purpose-built student accommodation would be provided as a result of the building work to which the application relates, the number of bedspaces contained in it,
(d) the reasons why the application is not chargeable, and
(e) the date on which the notice is given.
(3) If the notice of no charge relates to an updated application, the reference in paragraph (2)(a) to the building control application to which the notice relates is a reference to the original application and each subsequent variation application in relation to it.
(1) A “variation application” means—
(a) in relation to an application for building control approval with full plans that relates to building work in respect of one or more residential buildings, a subsequent application for building control approval with full plans that—
(i) relates to one or more of the same buildings, and
(ii) does not relate solely to a building in respect of which the building work is completed;
(b) in relation to an initial notice, an amendment notice;
(c) in relation to a higher-risk building application, a change control application.
(2) A variation application is “made” if—
(a) in the case of an application for building control approval with full plans, it is made within the meaning of regulation 5(2)(a);
(b) in the case of an amendment notice, it is given to a local authority in accordance with section 51A(2)(a) of the 1984 Act;
(c) in the case of a change control application, it is submitted to the regulator in accordance with regulations 18(5) and 21 of the HRB Regulations.
(1) This regulation applies if—
(a) a collecting authority received a building control application (the “original application”), and
(b) a variation application, relating to the original application, is made.
(2) For the purposes of these Regulations (other than the provisions of this Part)—
(a) the original application and the variation application are treated as a single building control application (the “updated application”);
(b) subject to paragraph (6), the collecting authority is treated as receiving the updated application on the date on which it receives the variation application;
(c) if the variation application is an application for building control approval with full plans, Parts 7 and 9 of these Regulations do not apply in relation to the variation application alone but those Parts apply to the variation application as part of the updated application.
(3) The updated application is treated as being made on the date the variation application is made (as described in regulation 41(2)).
(4) If part of the work described in a building control application to which an updated application relates is completed then—
(a) in determining, in accordance with regulation 15, whether or not the updated application is chargeable, and
(b) in calculating the levy liability amount in relation to the application,
the completed work is to be treated as if it were as described in the original application (including any changes to that work which were described in all the variation applications approved before the work was completed).
(5) 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 variation application are to be treated as references to the undetermined variation application.
(6) If the variation application is—
(a) a section 91ZB application, the collecting authority is treated as receiving the updated application on whichever is the later of—
(i) the date it receives the information in relation to the variation application in accordance with regulation 32(2),
(ii) the date it receives the evidence in relation to the variation application in accordance with regulation 14(7) of the 2010 Regulations,
(b) a change control application, the collecting authority is treated as receiving the updated application on whichever is the later of—
(i) the date it receives the information in relation to the variation application in accordance with regulation 32(2),
(ii) the date it receives the evidence in relation to the variation application in accordance with regulation 21(5) of the HRB Regulations.
(7) In this regulation a variation application is “approved” if it has been approved by the building control authority or, in the case of an amendment notice, it is treated as approved pursuant to section 51B(1)(b) of the 1984 Act.
(8) In a case where an application is made to the Secretary of State under section 30A of the 1984 Act in relation to a variation application, the reference in paragraph (7) to a building control authority is to be treated as a reference to the Secretary of State.
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.
45 Amendment of HRB Regulations: information to be provided with change control applications
(1) Regulation 21 of the HRB Regulations is amended as follows.
(2) In paragraph (2) omit the “and” at the end of sub-paragraph (e) and at the end of sub-paragraph (f) insert—
(g) if the change control application is an updated application and the building work, to which the updated application relates, relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations)—
(i) the building safety levy information, in relation to the updated application, in accordance with regulation 17A but where the updated application is given on or after the day on which the first notice under regulations 9(3) or 17(3) is given then the information in regulation 17A(1)(a) and (b) is not required;
(ii) if the levy charging conditions are met, the information set out in paragraph (3);
(iii) if the levy charging conditions are not met, the information set out in paragraph (4).
.
(3) After paragraph (2) insert—
(3) The information referred to in paragraph (2)(g)(ii) is—
(a) a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the updated application relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations;
(b) a statement setting out the levy charging information in relation to the updated application in accordance with regulation 17B;
(c) in a case where regulation 9(3A) or 17(3A) has not applied to any notice under regulation 9(3) or, as the case may be, 17(3), a statement which includes the applicable planning information within the meaning of regulation 9 or, as the case may be, 17;
(d) in any case where sub-paragraph (c) does not apply, a statement confirming whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated.
(4) The information referred to in paragraph (2)(g)(iii) is—
(a) in a case where the change control application is received on a day which is before the first notice under regulations 9(3) or 17(3) is received in relation to the original application, a statement confirming that the first notice under regulations 9(3) or 17(3) was not given before the change control application was submitted;
(b) in a case where the change control application is received on or after the day on which the first notice under regulation 9(3) or 17(3) is received and regulation 9(3A) or 17(3A) did not apply to that notice and has not applied to any notice under regulation 9(3) or, as the case may be, 17(3), a statement which—
(i) includes the applicable planning information within the meaning of regulation 9 or, as the case may be, 17;
(ii) explains how the levy charging conditions are not met;
(c) in any other case, a statement which—
(i) confirms whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated;
(ii) explains how the levy charging conditions are not met.
(5) Where a change control application is required to include a statement under paragraph (3) or (4)(b) or (c), the client must send evidence as to the matters set out in the statement together with a statement identifying the application to which the evidence relates to the collecting authority on the same day that the change control application is made to the regulator.
(6) For the purposes of paragraph (2)(g), the “levy charging conditions” are that—
(a) the change control application is received on or after the day on which the first notice under regulations 9(3) or 17(3) is received in relation to the original application,
(b) the building work to which the updated application relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use),
(c) the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and
(d) the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person.
.
(1) A “levy information spot check” means an assessment as to the accuracy of a set of levy information in relation to a building control application, by reference to—
(a) any of the following—
(i) if the application is—
(aa) a building control application which is not an updated application, or
(bb) a pre-commencement updated application in relation to the original application,
the evidence provided under regulation 16(3CA) of the 2010 Regulations, regulations 9(3B) or 17(3B) of the HRB Regulations or regulation 15(2A) of the RBCA Regulations,
(ii) if the application is an updated application which is made after the first compliant commencement notice was given in relation to the original application, the evidence provided under regulation 14(5) or (6) of the 2010 Regulations, regulation 21(5) of the HRB Regulations or paragraph 2(a) or (b) of the Annex to Form 2 in Schedule 1 to the RBCA Regulations,
(iii) if a levy update notice is received in relation to the application, the evidence provided with the levy update notice,
(b) the planning permission, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development in relation to which the building work to which the application relates is to be carried out, and
(c) such other information as is reasonably available to the collecting authority.
(2) A levy information spot check, in relation to a building control application, may only be carried out during the relevant period ....
(3) In this regulation—
“relevant period” means—
in the case where a levy update notice in relation to the building control application is selected for a levy information spot check under regulation 47 or 48, the period under regulation 53(10) to (12) for determining the levy update application;
in all other cases, the determination period under regulation 38(7) to (9) in relation to the building control application;
“set of levy information” means—
a set of Category 1 levy information, as defined in regulation 47(3), or
a set of Category 2 levy information, as defined in regulation 48(3).
47 Requirement to carry out levy information spot checks: Category 1
(1) This regulation applies if, in a financial quarter, a collecting authority receives one or more sets of Category 1 levy information.
(2) The collecting authority must carry out a levy information spot check—
(a) in relation to at least one set of Category 1 levy information received in the financial quarter, and
(b) if the collecting authority receives more than 10 sets of Category 1 levy information in the financial quarter, in relation to at least 10% of those sets.
(3) A “set of Category 1 levy information” means—
(a) if the application referred to in regulation 46(1) is a non-RBCA building control application, the building safety levy information that is provided with the application together with the BSL information provided with the first compliant commencement notice given in relation to that application;
(b) if the application referred to in regulation 46(1) is a non-RBCA pre-commencement updated application, the building safety levy information provided with that updated application together with the BSL information provided with the first compliant commencement notice given in relation to that application;
(c) if the application referred to in regulation 46(1) is a non-RBCA updated application, the information required under regulation 14(1)(h) of the 2010 Regulations or, as the case may be, regulation 21(2)(g) of the HRB Regulations to be provided in relation to that updated application;
(d) if a levy update notice is received in relation to a non-RBCA building control application or an updated application referred to in sub-paragraph (b) or (c), the information required to be provided with the notice under regulation 52(3).
(4) In this regulation—
“BSL information” means the statement required by regulation 16(3CA) of the 2010 Regulations or regulations 9(3A) or 17(3A) of the HRB Regulations, to be included in the first compliant commencement notice;
“non-RBCA building control application” means an application for building control approval with full plans or a higher-risk building application;
“non-RBCA pre-commencement updated application” means a pre-commencement updated application, excluding one in relation to an initial notice;
“non-RBCA updated application” means an updated application other than—
an updated application in relation to an initial notice, or
a non-RBCA pre-commencement updated application.
48 Requirement to carry out levy information spot checks: Category 2
(1) This regulation applies if, in a financial quarter, a collecting authority receives one or more sets of Category 2 levy information.
(2) The collecting authority must carry out a levy information spot check—
(a) in relation to at least one set of Category 2 levy information received in the financial quarter, and
(b) if the collecting authority receives more than 10 sets of Category 2 levy information in the financial quarter, in relation to at least 10% of those sets.
(3) A “set of Category 2 levy information” means—
(a) if the application referred to in regulation 46(1) is an initial notice, the building safety levy information that is provided with an initial notice together with the BSL information provided with the first compliant commencement notice given in relation to that initial notice;
(b) if the application referred to in regulation 46(1) is a RBCA pre-commencement updated application, the building safety levy information that is provided with that updated application together with the BSL information provided with the first compliant commencement notice given in relation to the initial notice to which that application relates;
(c) if the application referred to in regulation 46(1) is a RBCA updated application, the information required under paragraph 4(h) of, and the Annex to, Form 2 in Schedule 1 to the RBCA Regulations to be provided with that updated application;
(d) if a levy update notice is received in relation to an initial notice or an updated application referred to in sub-paragraph (b) or (c), the information required to be provided with the notice under regulation 52(3).
(4) In this regulation—
“BSL information” means the statement required by regulation 15(2A) of the RBCA Regulations to be included in the first compliant commencement notice;
“RBCA pre-commencement updated application” means a pre-commencement updated application in relation to an initial notice;
“RBCA updated application” means an updated application in relation to an initial notice other than an application which is a RBCA pre-commencement updated application.
49 Requirement to notify named client of levy information spot check
(1) This regulation applies where a building control application or a levy update notice is selected for a levy information spot check under regulation 47 or 48.
(2) The collecting authority must as soon as practicable, but no later than the end of the period of 5 weeks beginning with the receipt date, give notice to the named client—
(a) stating that the collecting authority is carrying out a levy information spot check,
(b) specifying the last date by which the spot check must be carried out, which is the end of the relevant period, as defined in regulation 46(3), and
(c) stating that, if the collecting authority requests further information for the purposes of carrying out the levy information spot check, the period for carrying out the spot check is revised in accordance with regulation 50(3).
(1) This regulation applies where a collecting authority has given notice in relation to a building control application under regulation 49 that it is carrying out a levy information spot check.
(2) Subject to paragraph (3), the collecting authority must, no later than the LDN day, give notice to the named client stating whether or not the authority considers that the set of levy information in relation to the building control application is accurate.
(3) If the collecting authority considers it does not have sufficient information for the purposes of carrying out the levy information spot check—
(a) the collecting authority may request further information from the named client, and
(b) the period for carrying out the levy information spot check ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to carry out the levy information spot check.
(4) In this regulation “the LDN day” is the day on which the collecting authority gives a levy determination notice or a revised levy determination notice in relation to the building control application to which the levy information spot check relates.
(1) This paragraph applies if, having carried out a levy information spot check in relation to a building control application, the collecting authority does not consider that the set of levy information is accurate.
(2) The notice given under regulation 50(2) must—
(a) specify the information that the authority considers is inaccurate (the “inaccurate information”), and
(b) specify the information that, for the purposes of determining the levy liability amount, the authority is substituting for the inaccurate information.
(1) This regulation applies if—
(a) a levy determination notice has been given to a named client in relation to a building control application,
(b) the building work to which the application relates has not been completed,
(c) one or more of the following changes occur in relation to the building work to which the application relates—
(i) the named client becomes an exempt person,
(ii) a new named client who is an exempt person replaces a named client who was not an exempt person,
(iii) the named client ceases to be an exempt person,
(iv) a new named client who is not an exempt person replaces a named client who was an exempt person,
(v) one or more dwellings which were to be ordinary residential dwellings will no longer be ordinary residential dwellings, or
(vi) one or more dwellings which were not to be ordinary residential dwellings are to be ordinary residential dwellings.
(2) A named client in relation to the building control application may, before the building work to which the application relates is completed, give a notice to the collecting authority requesting a revised levy determination notice in relation to the building work (“levy update notice”).
(3) Subject to paragraph (4), the levy update notice must be signed by the named client and include—
(a) a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the application relates (updated for the changes referred to in paragraph (1)(c)) which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of these Regulations,
(b) a statement setting out the levy charging information (updated for the changes referred to in paragraph (1)(c)), in relation to the application,
(c) a statement confirming whether or not the applicable planning information provided with the first compliant commencement notice under regulation 16(3C) of the 2010 Regulations, regulation 15(2) of the RBCA Regulations or regulations 9(3A) or 17(3A) of the HRB Regulations continues to be correct and if it is not, the statement must include the applicable planning information as updated,
(d) if a new person (NP) has become the client in relation to building work to which an initial notice relates (and details of NP have not already been given to the authority in an amendment notice, a levy update notice, a notice under regulation 15(2) of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 or notice under paragraph 2(3) of Schedule 4 to these Regulations), a statement explaining that NP is the new named client and setting out the contact information for NP,
(da) a statement as to whether the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development,
(db) the number of dwellings, if any, that would be provided as a result of the building work to which the application relates,
(dc) if purpose-built student accommodation would be provided as a result of the building work to which the application relates, the number of bedspaces that would be contained in the purpose-built student accommodation,
(dd) the details of the levy determination notice referred to in paragraph (1)(a), and
(e) evidence as to the matters described in sub-paragraphs (a) to (c) and (da).
(4) If the change to which the notice relates results in the building control application no longer being chargeable, the statement under paragraph (3)(b) must instead explain how the application is no longer chargeable.
(5) If part of the building work described in the application referred to in paragraph (1) is completed a named client may nevertheless give a levy update notice in relation to the building control application provided that any change referred to in paragraph (1)(c) relates to the remaining uncompleted building work.
(6) A levy update notice given in relation to a change in paragraph (1)(c)(ii) or (iv) may only be given by the new named client.
(1) This regulation applies if the collecting authority—
(a) has given a levy determination notice in relation to a building control application, and
(b) has received a levy update notice relating to that application in accordance with regulation 52.
(2) For the purposes of these Regulations—
(a) the collecting authority must treat the levy update notice and the building control application as if it were a single building control application (the “levy update application”);
(b) the collecting authority is treated as receiving the levy update application on the date on which it receives the levy update notice (“receipt date”).
(3) Subject to paragraphs (6) to (12), the collecting authority must, before the end of the period of 5 weeks beginning with the receipt date—
(a) determine in accordance with regulation 15 whether or not the building control application is chargeable having regard to the levy update application, and
(b) take either the steps specified in paragraph (4) or the step specified in paragraph (5).
(4) If the building control application, having regard to the levy update application, is chargeable, the collecting authority must—
(a) determine the levy liability amount in respect of the application, and
(b) revise the levy liability notice and give a revised levy determination notice to the named client which, subject to paragraph (6), includes the details set out in regulation 67(6).
(5) If the building control application, having regard to the levy update application, is no longer chargeable, the collecting authority must give to the named client a revised levy determination notice, containing a notice of no charge, which, subject to paragraph (6), includes the details set out in regulation 67(6).
(6) For the purposes of paragraphs (4)(b) and (5),regulation 67(6) has effect as if any reference in that paragraph to—
(a) the refund application were a reference to the levy update notice;
(b) the new levy liability amount were a reference to the levy liability amount determined under this regulation;
(c) the remaining work were a reference to the building work described in the building control application referred to in this regulation having regard to the levy update notice.
(7) In making the determination under paragraph (3) the collecting authority must refer to the circumstances which existed at the time the building control application was made, as varied by any changes referred to in regulation 52(1)(c).
(8) In determining the levy liability amount under paragraph (4) if the building control application referred to in paragraph (1) is an updated application the references in regulations 17(2)(a), 17(3), 18(2)(a), 18(3) and 18(4)(b) to the time the application was made must be read as references to the time the original application was made.
(9) If the collecting authority considers that the information provided in relation to the levy update application is not sufficient for the purposes of making a determination under this regulation—
(a) the collecting authority may request further information from the named client for the purposes of making the determination, and
(b) the period for determining the application ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to make the determination.
(10) If the levy update notice is selected for a levy information spot check under regulations 47 or 48—
(a) the period for determining the levy update application and the levy information spot check is the period of 8 weeks beginning with the receipt date,
(b) if the collecting authority requests further information in accordance with paragraph (9), the period for determining the levy update application and the levy information spot check is the period given pursuant to paragraph (9)(b), or
(c) if the collecting authority requests further information in accordance with regulation 50(3), the period for determining the levy update application and the levy information spot check ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to carry out the levy information spot check.
(11) If during the period provided for in paragraph (10)(b) a request for further information is made in accordance with regulation 50(3) then the period in paragraph (10)(c) applies instead.
(12) If during the period provided for in paragraph (10)(c) a request for further information is made in accordance with paragraph (9) then the period in paragraph (10)(b) applies instead.
(13) If a notice of no charge is given under paragraph (5) then the levy determination notice in relation to the application referred to in paragraph (1) is cancelled and the revised levy determination notice given under paragraph (5) must include a statement to that effect.
(14) If the levy determination notice referred to in paragraph (1) is a notice of no charge and the building control application, having regard to the levy update application, is chargeable then the notice of no charge is cancelled and the revised levy determination notice given under paragraph (4) must include a statement to that effect.
(15) 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 revised levy determination notice referred to in paragraph (4) to the registered building control approver.
(16) If part of the work described in a building control application to which a levy update notice relates is completed then—
(a) in determining whether the building control application remains chargeable, and
(b) in taking the steps specified in paragraph (4),
the completed work is to be treated as if it were as described in the building control application, including any variations to that work which were described in any variation application approved before the work was completed, and no regard is to be had to how a change listed in regulation 52(1)(c) relates to the completed work.
(1) This paragraph applies if—
(a) a collecting authority has given a levy liability notice in relation to a building control application,
(b) one of the relevant circumstances applies, and
(c) there is no levy payment certificate in relation to the application.
(2) If paragraph (1) applies in relation to the application, the named client may request, by an application in accordance with paragraph (3) (“request application”), that the collecting authority gives a revised levy determination notice in relation to the building control application referred to in paragraph (1).
(3) A request application—
(a) must be signed by the named client;
(b) must include—
(i) the contact information for the named client;
(ii) information identifying the building control application referred to in paragraph (1), and where the application is an updated application, the original application and all of the variation applications relating to that application;
(iii) information identifying the levy liability notice given in relation to the building control application referred to in paragraph (1);
(iv) information identifying the regulation 54 work to which the request application relates and which of the relevant circumstances applies to that work;
(v) a statement explaining, by reference to the circumstances prevailing at the relevant time—
(aa) the floorspace information in relation to the regulation 54 work;
(bb) whether or not the named client in relation to the building control application referred to in paragraph (1) was an exempt person;
(cc) whether or not any building included in the regulation 54 work was an exempt building;
(dd) whether or not any dwelling included in the regulation 54 work was subject to an exemption referred to in regulation 8(1);
(c) must be accompanied by evidence to show that one of the relevant circumstances applies to the regulation 54 work.
(4) If following receipt of a request application in accordance with this regulation the collecting authority is satisfied the conditions in paragraph (1) are met, the collecting authority must, before the end of the period of 5 weeks beginning with the date on which the request application is received—
(a) determine the new levy liability amount in relation to the building control application referred to in paragraph (1) (where, subject to paragraph (5), a new levy liability amount has the meaning given in regulation 67);
(b) give the named client a revised levy determination notice in relation to the building control application (where, subject to paragraph (5A), a revised levy determination notice has the meaning given in regulation 67);
(c) if the building control application referred to in paragraph (1) is an initial notice or an updated application in relation to an initial notice, give a copy of the revised levy determination notice to the registered building control approver.
(5) In determining the amount referred to in paragraph (4)(a), regulation 67 has effect as if in paragraphs (3) to (5) of that regulation any reference to—
(a) the refund application were a reference to the request application;
(b) the building control application referred to in regulation 66(1) were a reference to the building control application referred to in this regulation;
(c) part lapse work were a reference to regulation 54 work.
(5A) For the purposes of paragraph (4)(b), regulation 67(6) has effect as if any reference in that paragraph to—
(a) the refund application were a reference to the request application;
(b) the new levy liability amount were a reference to the new levy liability amount determined under this regulation;
(c) the remaining work were a reference to the building work described in the building control application referred to in paragraph (1) ignoring the regulation 54 work.
(5B) If a revised levy determination notice is given in accordance with paragraph (4)(b) and that notice specifies that there is no charge, the levy liability notice in relation to the application referred to in paragraph (1)(a) is cancelled and the revised levy determination notice given under paragraph (4)(b) must include a statement to that effect.
(6) In this regulation—
“floorspace information” has the same meaning as in regulation 66;
“regulation 54 work” means the part of the original work to which one of the relevant circumstances applies (where “original work” means the building work described in the building control application referred to in paragraph (1));
“relevant circumstances” are—
section 32(3) or 53A(3) of the 1984 Act applies in relation to part of the building work to which the building control application relates,
the building control application is an initial notice or an updated application in relation to an initial notice, and a cancellation notice under section 52A of the 1984 Act has been given in relation to part of the building work to which the initial notice relates,
the regulator becomes the building control authority under section 91ZA of the 1984 Act in relation to part of the building work to which the building control application relates,
the regulator ceases to be the building control authority under section 91ZA of the 1984 Act in relation to part of the building work to which the building control application relates;
“relevant time” means the time which is the latest of the following—
the time the first compliant commencement notice was given in relation to building work to which the building control application referred to in paragraph (1) relates;
the time an updated application, if any, was made;
the time the most recent levy update notice, if any, was given under regulation 52(2) in relation to the building control application.
55 Requirements in relation to levy payment certificates
(1) This regulation applies where a collecting authority receives payment, in full, of the levy liability amount in relation to a building control application.
(2) The collecting authority must, before the end of the period of 2 weeks beginning with the date on which the payment is received by the collecting authority—
(a) give a levy payment certificate to the named client in relation to the building control application, and
(b) if the application is an initial notice or an updated application where the original application was an initial notice, give a copy of the levy payment certificate to the registered building control approver.
(1) A “levy payment certificate” is a notice in relation to a chargeable application stating the amount of building safety levy paid in respect of the application.
(2) A levy payment certificate must include—
(a) details identifying the building control application in respect of which the payment is received by the collecting authority,
(b) details identifying the levy liability notice in relation to the application, and the levy liability amount stated in that notice,
(c) a statement of—
(i) if ordinary residential dwellings would be provided as a result of the building work to which the application relates, the number of those dwellings,
(ii) if purpose-built student accommodation would be provided as a result of the work to which the application relates, the number of bedspaces contained in it, and
(iii) if dwellings would be provided as a result of the building work to which the application relates, the number of those dwellings that are within any of paragraphs (a) to (c) of regulation 8(1),
(d) if the levy payment certificate has been revised—
(i) the amount specified before revision, and
(ii) the amount of any payment made in relation to the building control application under regulations 65 and 66, and
(e) the date on which the certificate is given.
57 Amendment of 2010 Regulations: completion notice
(1) Regulation 16 of the 2010 Regulations is amended as follows.
(2) At the end of paragraph (4A) for the full stop substitute a semi-colon and then insert—
(f) if, under regulation 14(1)(g) or (h), building safety levy information was required to be provided with the application for building control approval with full plans in relation to the building work or an updated application in relation to that application, a levy liability statement under paragraph (5B).
.
(3) After paragraph (5A) insert—
(5B) The “levy liability statement” is a statement, signed by the named client, that—
(a) a notice of no charge has been received in relation to the application referred to in paragraph (4A)(f), or an updated application relating to it, and has not been cancelled under regulation 43 or 53 of the BSL Regulations, or
(b) the levy liability amount in relation to the application referred to in paragraph (4A)(f), or the updated application relating to it, has been paid in full,
and for these purposes, “notice of no charge” and “levy liability amount” have the same meaning as in the BSL Regulations.
.
58 Amendment of 2010 Regulations: withholding a completion certificate
(1) Regulation 17 of the 2010 Regulations is amended as follows.
(2) In paragraph (1) for “A relevant authority” substitute “Subject to paragraph (2B), a relevant authority”.
(3) After paragraph (2A) insert—
(2B) Where the notice referred to in paragraph (2) was required by regulation 16(4A)(f) to include a levy liability statement, the relevant authority must not give a completion certificate unless it has received a notification under regulation 63(2) or (4) of the BSL Regulations stating that the collecting authority agrees with the levy liability statement.
.
59 Amendment of RBCA Regulations: compliance declarations
(1) Regulation 18 of the RBCA Regulations is amended as follows.
(2) The existing provision becomes paragraph (1).
(3) At the end of paragraph (1) for the full stop substitute a semi-colon and then
insert—
(f) if, in accordance with paragraph 5(f) of Form 1, paragraph 4(h) of Form 2, or as the case may be paragraph 5(f) of Form 4, in Schedule 1, building safety levy information was required to be provided with the initial notice or an updated application in relation to that initial notice, a levy liability statement under paragraph (2).
.
(4) After paragraph (1) insert—
(2) The “levy liability statement” is a statement, signed by the named client, that—
(a) a notice of no charge has been given in relation to the initial notice referred to in paragraph (1)(f), or an updated application relating to it, and has not been cancelled under regulation 43 or 53 of the BSL Regulations, or
(b) the levy liability amount in relation to the initial notice referred to in paragraph (1)(f), or the updated application relating to it, has been paid in full,
and for those purposes, “notice of no charge” and “levy liability amount” have the same meaning as in the BSL Regulations.
.
60 Amendment of RBCA Regulations: rejecting final certificate
(1) The RBCA Regulations are amended as follows.
(2) In Schedule 1, for Form 5, substitute the corresponding form in Schedule 5.
(3) In Schedule 4, at the end insert—
Building safety levy
11 If, in relation to any building work, regulation 18(1)(f) requires a levy liability statement to be included in a notice under that regulation, the building control authority must reject the final certificate in respect of such work unless it has received a notification under regulation 63(2) of the BSL Regulations stating that the collecting authority agrees with the levy liability statement.
.
61 Amendment of HRB Regulations: completion certificate applications
(1) The HRB Regulations are amended as follows.
(2) In regulation 40—
(a) at the end of paragraph (1) for the full stop substitute a semi-colon and then insert—
(g) if, in accordance with regulation 4(1)(f), 12(1)(f) or 21(2)(g), building safety levy information was required to be provided with a building control application or an updated application in relation to that building control application, a levy liability statement under paragraph (3A).
;
(b) after paragraph (3) insert—
(3A) Subject to paragraph (3B), a “levy liability statement” is a statement, signed by the named client, that—
(a) a notice of no charge has been given in relation to the application referred to in paragraph (1)(g), or an updated application relating to it, and has not been cancelled under regulation 43 or 53 of the BSL Regulations, or
(b) the levy liability amount in relation to the application referred to in paragraph (1)(g), or an updated application relating to it, has been paid in full.
(3B) Where there is more than one collecting authority in relation to the building control application, the named client may only give a statement under paragraph (3A)(a) if each of the collecting authorities in relation to the application have given a notice of no charge and none of those notices have been cancelled.
(3C) In this regulation, “building control application”, “levy liability amount” and “notice of no charge” have the same meaning as in the BSL Regulations.
.
(3) In regulation 45 (partial completion certificates)—
(a) at the end of paragraph (2) for the full stop substitute a semi-colon and then insert—
(j) if, in accordance with regulation 4(1)(f), 12(1)(f) or 21(2)(g), building safety levy information was required to be provided with a building control application or an updated application in relation to that building control application, a levy liability statement under paragraph (4A).
;
(b) after paragraph (4) insert—
(4A) Subject to paragraph (4B), a “levy liability statement” is a statement, signed by the named client, that—
(a) a notice of no charge has been given in relation to the application referred to in paragraph (2)(j), or an updated application relating to it, and has not been cancelled under regulation 43 or 53 of the BSL Regulations, or
(b) the levy liability amount in relation to the application referred to in paragraph (2)(j), or an updated application relating to it, has been paid in full.
(4B) Where there is more than one collecting authority in relation to the building control application, the named client may only give a statement under paragraph (4A)(a) if each of the collecting authorities in relation to the application have given a notice of no charge and none of those notices have been cancelled.
(4C) In this regulation “building control application”, “levy liability amount” and “notice of no charge” have the same meaning as in the BSL Regulations.
.
62 Amendment of HRB Regulations: rejecting completion certificate applications
(1) The HRB Regulations are amended as follows.
(2) In regulation 44 (completion certificate applications: decisions), after paragraph (2) insert—
(2A) Where the completion certificate application was required by regulation 40(1)(g) to include a levy liability statement, the regulator must reject the application unless a notice under regulation 63(4) of the BSL Regulations which states that the collecting authority agrees with the levy liability statement has been received from the collecting authority or, where there is more than one authority, such a notice has been received from each collecting authority.
.
(3) In regulation 45 (partial completion certificates), after paragraph (11) insert—
(11A) Where the partial completion certificate application was required by paragraph (2)(j) to include a levy liability statement, the regulator must reject the application unless a notice under regulation 63(4) of the BSL Regulations which states that the collecting authority agrees with the levy liability statement has been received from the collecting authority or, where there is more than one authority, such a notice has been received from each collecting authority.
.
63 Provision of information by the named client and by the collecting authority in relation to completion applications
(1) This regulation applies where a building control authority receives an HRB-related completion application or a LABC completion application.
(2) In relation to a LABC completion application, before—
(a) in the case of a LABC completion application which is a notice under regulation 16(4) of the 2010 Regulations, giving a completion certificate under those Regulations,
(b) in the case of a LABC completion application which is a final certificate, accepting the certificate,
the building control authority must ask the collecting authority whether or not it agrees with the levy liability statement in relation to the application and the collecting authority must notify the building control authority confirming whether or not the collecting authority agrees with the statement.
(3) In relation to a HRB-related completion application, the named client in relation to that completion application must—
(a) on a day which is no earlier than the day the application is made, provide to the collecting authority a statement, signed by the named client—
(i) stating that a HRB-related completion application has been made to the regulator, and
(ii) identifying each building control application to which the HRB-related completion application relates,
(b) on the day the named client provides the statement referred to in sub-paragraph (a), give the collecting authority a copy of the levy liability statement included in the HRB-related completion application, and
(c) on the day the named client provides the statement referred to in sub-paragraph (a), notify the regulator that the named client has provided the statements in sub-paragraph (a) and (b).
(4) Where a named client has provided the statements referred to in paragraph (3)(a) and (b) the collecting authority must, before the end of the period of 10 working days beginning with the day on which the authority receives those statements, notify the regulator confirming whether or not the authority agrees with the levy liability statement given by the named client.
(5) In this regulation—
“final certificate statement” means, in the case of a LABC completion application which is a final certificate, a statement under paragraph 15 of Form 5 of Schedule 1 to the RBCA Regulations;
“HRB-related completion application” means—
a completion certificate application that is required, by regulation 40 of the HRB Regulations, to include a levy liability statement;
a partial completion certificate application that is required, by regulation 45 of the HRB Regulations, to include a levy liability statement;
a notice under regulation 16(4) of the 2010 Regulations that—
is given in relation to a section 91ZB application, and
is required, by regulation 16(4A) of the 2010 Regulations, to include a levy liability statement;
“LABC completion application” means—
a notice under regulation 16(4) of the 2010 Regulations that—
is given in relation to an application for building control approval with full plans which is not a section 91ZB application, and
is required, by regulation 16(4A) of the 2010 Regulations, to include a levy liability statement;
a final certificate, given in relation to an initial notice, which is required to include a final certificate statement;
“levy liability statement” has the meaning given in regulation 16(5B) of the 2010 Regulations, regulation 18(2) of the RBCA Regulations or, as the case may be, regulation 40(3A) or 45(4A) of the HRB Regulations.
64 Rejection of applications by the Secretary of State
(1) This regulation applies where, under section 30A of the 1984 Act, a person has applied for a HRB completion application to be determined by the Secretary of State.
(2) The Secretary of State must ask the collecting authority whether a notice under regulation 63(4) has been sent to the regulator in respect of the HRB completion application.
(3) If the collecting authority receives a request under paragraph (2) it must reply to the Secretary of State—
(a) stating whether a notice under regulation 63(4) has been given in relation to the application, and
(b) where such a notice has been given, providing a copy of the notice,
before the end of the period of 10 working days beginning with the day the request is received.
(4) The Secretary of State must reject the HRB completion application unless a copy of the notice under regulation 63(4), in respect of the building work to which the application relates, which states that the collecting authority agrees with the levy liability statement has been received from the collecting authority or, where there is more than one authority, a copy of such a notice has been received from each collecting authority.
(5) In this regulation “HRB completion application” means—
(a) a completion certificate application that is required, by regulation 40 of the HRB Regulations, to include a levy liability statement;
(b) a partial completion certificate application that is required, by regulation 45 of the HRB Regulations, to include a levy liability statement.
(1) This regulation applies in relation to a building control application if—
(a) the collecting authority has given a levy liability notice in relation to the building control application,
(b) the collecting authority has given a levy payment certificate under regulation 55 in respect of the building control application, and
(c) any of conditions A to D are met.
(2) Where this regulation applies and the collecting authority is satisfied that the amount payable exceeds the reasonable administrative costs that would be incurred by it in making the payment, the collecting authority must, within the refund payment period, pay to the named client an amount calculated in accordance with paragraph (7) (“refund amount”) and—
(a) if a notice of no charge is given, give the named client a notice cancelling the original levy payment certificate, or
(b) in any other case, give the named client a revised levy payment certificate which, subject to paragraph (8), must include the details referred to in regulation 67(8).
(3) Condition A is that—
(a) the levy liability notice referred to in paragraph (1)(a) is cancelled under regulation 43(2) or (3), and
(b) either—
(i) the levy liability amount specified in the levy liability notice in relation to the updated application is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or
(ii) the collecting authority gives a notice of no charge in relation to the updated application.
(4) Condition B is that—
(a) the levy liability notice referred to in paragraph (1)(a) is revised or cancelled under regulation 53, and
(b) either—
(i) the levy liability amount specified in the revision of the levy liability notice in relation to the levy update application is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or
(ii) the collecting authority gives a notice of no charge in relation to the levy update application.
(5) Condition C is that—
(a) under regulation 72, the collecting authority carries out a review of its determination of the levy liability amount specified in the levy liability notice referred to in paragraph (1)(a), and
(b) on the review, either—
(i) the collecting authority revises the levy liability notice and the levy liability amount specified in that notice is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or
(ii) the collecting authority gives a notice of no charge.
(6) Condition D is that—
(a) on an appeal against a collecting authority’s determination of the levy liability amount specified in the levy liability notice referred to in paragraph (1)(a), the First-tier Tribunal substitutes a decision as to the levy liability amount, and
(b) pursuant to regulation 73(5), either—
(i) the collecting authority revises a levy liability notice and the levy liability amount specified in that notice is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or
(ii) the collecting authority gives a notice of no charge.
(7) The refund amount is an amount equal to—
(a) in a case within paragraph (3)(b)(i), the difference between—
(i) the amount specified in the levy payment certificate referred to in paragraph (1)(b), and
(ii) the levy liability amount specified in the levy liability notice for the updated application;
(b) in a case within paragraph (4)(b)(i), (5)(b)(i) or (6)(b)(i) the difference between—
(i) the amount specified in the levy payment certificate referred to in paragraph (1)(b), and
(ii) the levy liability amount specified in the revision to the levy liability notice;
(c) in a case within paragraph (3)(b)(ii), (4)(b)(ii), (5)(b)(ii) or (6)(b)(ii), the amount specified in the levy payment certificate referred to in paragraph (1)(b).
(8) For the purposes of paragraph (2), regulation 67(8) has effect as if any reference in that paragraph to relevant work were a reference to the building work described in the building control application referred to in this regulation having regard to the variation application, the levy update notice, the review or, as the case may be, the appeal.
(9) In this regulation “refund payment period” means the period of 2 weeks beginning with the later of—
(a) the date on which the revised levy determination notice is given or, in the case of an updated application, the levy determination notice is given, and
(b) the date on which the collecting authority receives details of a bank account, nominated by the named client, into which the payment is to be made.
(1) This regulation applies in relation to a building control application if—
(a) the collecting authority has given a levy liability notice in relation to the building control application,
(b) the collecting authority has given a levy payment certificate under regulation 55 in respect of the levy liability notice, and
(c) any of conditions E to K are met.
(2) Where this regulation applies, the named client may apply, in accordance with paragraph (12), to the collecting authority for a refund (“refund application”).
(3) Following receipt of a refund application, if the collecting authority is satisfied that—
(a) the requirements of paragraph (1) are met, and
(b) the amount payable exceeds the reasonable administrative costs that would be incurred by it in making the payment,
the collecting authority must, within the refund payment period, pay to the named client an amount calculated in accordance with paragraph (11) (“refund amount”).
(4) Condition E is that a lapse provision applies in relation to part of the building work to which the building control application relates.
(5) Condition F is that—
(a) the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice,
(b) the initial notice is cancelled under a cancellation provision, and
(c) no final certificate has been accepted in respect of any of the building work to which the initial notice relates.
(6) Condition G is that—
(a) the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice,
(b) the initial notice is cancelled under a cancellation provision, and
(c) a final certificate has been accepted in respect of any of the building work to which the initial notice relates.
(7) Condition H is that—
(a) the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, and
(b) the initial notice is cancelled, wholly or partially, under section 52A of the 1984 Act.
(8) Condition I is that—
(a) a local authority was the building control authority for building work to which the building control application referred to in paragraph (1) relates, and
(b) the regulator becomes the building control authority under section 91ZA of the 1984 Act in relation to some or all of the building work to which the application relates.
(9) Condition J is that—
(a) the regulator was the building control authority under section 91ZB of the 1984 Act for building work to which the building control application referred to in paragraph (1) relates, and
(b) the regulator becomes the building control authority under section 91ZA of the 1984 Act in relation to some or all of the building work to which the application relates.
(10) Condition K is that—
(a) the regulator was the building control authority under section 91ZA of the 1984 Act for building work to which the building control application referred to in paragraph (1) relates, and
(b) a local authority becomes the building control authority in relation to some or all of the building work to which the application relates.
(11) The refund amount is—
(a) in a case to which condition E applies, an amount equal to the difference between the amount shown in the levy payment certificate referred to in paragraph (1)(b) and the new levy liability amount specified in the revised levy determination notice given under regulation 67;
(b) in a case to which condition F applies, the amount shown in the levy payment certificate referred to in paragraph (1)(b);
(c) in a case to which condition G applies, the amount attributable to the uncertificated work;
(d) in a case to which condition H applies—
(i) if the cancellation under section 52A of the 1984 Act applies to the whole of the initial notice, the amount shown in the levy payment certificate referred to in paragraph (1)(b);
(ii) if a final certificate has been accepted in respect of some of the building work to which the initial notice relates and the cancellation under section 52A of the 1984 Act applies to the remainder of the building work described in the initial notice, the amount attributable to the uncertificated work;
(iii) in any other case, an amount equal to the difference between the amount shown in the levy payment certificate referred to in paragraph (1)(b) and the new levy liability amount specified in the revised levy determination notice given under regulation 67;
(e) in a case to which condition I or condition K applies—
(i) if the local authority or, as the case may be, the regulator ceases to be the building control authority in relation to all the building work to which the building control application relates, the amount shown in the levy payment certificate referred to in paragraph (1)(b);
(ii) if a completion certificate has been given in respect of some of the building work to which the building control application relates and the local authority or, as the case may be, the regulator ceases to be the building control authority in relation to the remainder of the building work described in the building control application, the amount attributable to the uncertificated work;
(iii) in any other case, an amount equal to the difference between the amount shown in the levy payment certificate referred to in paragraph (1)(b) and the new levy liability amount specified in the revised levy determination notice given under regulation 67;
(f) in a case to which condition J applies—
(i) if the regulator ceases to be the building control authority under section 91ZB of the 1984 Act in relation to all the building work to which the building control application relates, the amount shown in the levy payment certificate referred to in paragraph (1)(b);
(ii) if a completion certificate has been given in respect of some of the building work to which the building control application relates and the regulator ceases to be the building control authority under section 91ZB of the 1984 Act in relation to the remainder of the building work described in the building control application, the amount attributable to the uncertificated work;
(iii) in any other case, an amount equal to the difference between the amount shown in the levy payment certificate referred to in paragraph (1)(b) and the new levy liability amount specified in the revised levy determination notice given under regulation 67.
(12) An application under this regulation—
(a) must be signed by the named client and given to the collecting authority,
(b) must include—
(i) the contact information for the named client,
(ii) information identifying the building control application referred to in paragraph (1), the original application and all of the related variation applications relating to that application,
(iii) information identifying any levy liability notice given in relation to that application,
(iv) information identifying the levy payment certificate in relation to the building control application referred to in paragraph (1),
(v) in a case to which condition E applies, information identifying the lapse provision which applies,
(vi) in a case to which condition E applies, information identifying the part lapse work to which the refund application relates,
(vii) in a case to which condition F or G applies, information identifying the cancellation provision which applies,
(viii) in a case to which condition H applies, a statement identifying whether the whole, or part only, of the initial notice is affected,
(ix) in a case to which condition F or paragraph (11)(d)(i) applies, a statement confirming that no final certificate has been accepted in relation to any of the work,
(x) in a case to which condition G applies—
(aa) information identifying the uncertificated work,
(bb) information identifying each of the final certificates accepted,
(xi) in a case to which paragraph (11)(d)(ii) applies, information identifying the uncertificated work and each of the final certificates accepted,
(xii) in a case to which paragraph (11)(d)(iii) applies, information identifying the condition H work to which the refund application relates,
(xiii) in a case to which condition I, condition J or condition K applies—
(aa) where paragraph (11)(e)(i) applies, a statement explaining that the local authority or, as the case may be, the regulator has ceased to be the building control authority in relation to all the building work to which the building control application referred to in paragraph (1) relates,
(bb) where paragraph (11)(f)(i) applies, a statement explaining that the regulator has ceased to be the building control authority under section 91ZB of the 1984 Act in relation to all the building work to which the building control application referred to in paragraph (1) relates,
(cc) where paragraph (11)(e)(ii) or (f)(ii) applies, information identifying the uncertificated work and each of the completion certificates given, and
(dd) where paragraph (11)(e)(iii) or (f)(iii) applies, information identifying the condition I work, condition J work or condition K work to which the refund application relates,
(xiv) in a case to which condition E, condition G, paragraph (11)(d)(ii) or (iii), paragraph (11)(e)(ii) or (iii) or paragraph (11)(f)(ii) or (iii) applies, a statement explaining by reference to the circumstances prevailing at the relevant time—
(aa) the floorspace information in relation to the part lapse work, uncertificated work, condition H work, condition I work, condition J work or, as the case may be, the condition K work,
(bb) whether or not the named client in relation to the building control application referred to in paragraph (1) was an exempt person,
(cc) whether or not any building included in the part lapse work, uncertificated work, condition H work, condition I work, condition J work or, as the case may be, the condition K work was an exempt building, and
(dd) whether or not any dwelling included in the part lapse work, uncertificated work, condition H work, condition I work, condition J work or, as the case may be, the condition K work was subject to an exemption referred to in regulation 8(1), and
(xv) details of a bank account, nominated by the named client, into which any refund is to be paid, and
(c) must be accompanied by—
(i) in a case to which condition E applies, evidence to show a lapse provision applies to the part lapse work;
(ii) in a case to which condition F, G or H applies, evidence to show the initial notice, or, if applicable, part of it, has been cancelled or ceased to be in force;
(iii) in a case to which condition I applies, evidence to show the regulator has become the building control authority in relation to the condition I work;
(iv) in a case to which condition J applies, evidence to show the regulator has become the building control authority under section 91ZA of the 1984 Act in relation to the condition J work;
(v) in a case to which condition K applies, evidence to show the local authority has become the building control authority in relation to the condition K work.
(13) Subject to paragraph (14), the “amount attributable to the uncertificated work” is the amount given by applying the formula in regulation 16(2) in respect of each relevant residential building to which the uncertificated work relates, adding together the amounts if there is more than one building.
(14) In determining the amount referred to in paragraph (13)—
(a) the rules in regulations 16 to 21 are to apply in relation to the uncertificated work as if—
(i) references in regulations 16(1), 16(4), 17(3), 18(2) and 20(2)(a) to a building to which a building control application relates were references to a building to which the uncertificated work relates;
(ii) if the application referred to in paragraph (1) is an updated application the references in regulations 17(2)(a), 17(3), 18(2)(a), 18(3) and 18(4)(b) to the time the application was made were references to the time the original application was made;
(b) whether or not the named client is an exempt person is to be determined by reference to the circumstances prevailing at the relevant time;
(c) whether or not a building is an exempt building is to be determined by reference to the circumstances at the relevant time;
(d) whether or not a dwelling is subject to an exemption referred to in regulation 8(1) is to be determined by reference to the circumstances at the relevant time;
(e) no regard is to be had to whether the uncertificated work on its own is major residential development.
(15) If the collecting authority is not satisfied the requirements of paragraph (1) are met, it must give a notice to the named client to that effect.
(16) If the collecting authority considers that the information provided in relation to the refund application is not sufficient for the purposes of making a determination under this regulation—
(a) the collecting authority may request further information from the named client for that purpose, and
(b) the refund payment period in that case is the period of 5 weeks beginning with—
(i) the date on which the collecting authority receives the information that the authority considers is sufficient to enable it to make the determination, or
(ii) if later, the date the collecting authority receives bank details of the named client for the payment.
(17) In this regulation—
“cancellation provision” means—
section 52 of the 1984 Act;
section 53D of the 1984 Act;
“completion certificate” means a certificate given under regulation 17(1) of the 2010 Regulations or, as the case may be, regulation 44(1) or 45(10) of the HRB Regulations;
“condition H work” means the part of the original work to which the cancellation under section 52A of the 1984 Act relates, where the original work means the building work described in the building control application referred to in paragraph (1);
“condition I work” means the part of the original work in relation to which the local authority is no longer the building control authority, where the original work means the building work described in the building control application referred to in paragraph (1);
“condition J work” means the part of the original work in relation to which the regulator is no longer the building control authority under section 91ZB of the 1984 Act, where the original work means the building work described in the building control application referred to in paragraph (1);
“condition K work” means the part of the original work in relation to which the regulator is no longer the building control authority, where the original work means the building work described in the building control application referred to in paragraph (1);
“floorspace information” has the meaning given in—
where the application referred to in paragraph (1) is a higher-risk building application or change control application, regulation 17B of the HRB Regulations;
where the application referred to in paragraph (1) is an application for building control approval with full plans or a section 91ZB application, regulation 16A of the 2010 Regulations;
where the application referred to in paragraph (1) is an initial notice or an amendment notice, regulation 15A of the RBCA Regulations;
“lapse provision” means—
section 32(3) of the 1984 Act,
section 53A(3) of the 1984 Act;
“part lapse work” means the part of the original work to which a lapse provision applies, where the original work means the building work described in the building control application referred to in paragraph (1);
“refund payment period” is—
in a case to which condition F applies or where paragraph (11)(d)(i), (e)(i) or (f)(i) applies, 5 weeks beginning with—
the date the refund application is received by the collecting authority, or
if later, the date the collecting authority receives bank details of the named client for the payment;
in a case to which condition G or where paragraph (11)(d)(ii), (e)(ii) or (f)(ii) applies, 2 weeks beginning with—
the date the collecting authority gives the revised levy payment certificate required under regulation 67, or
if later, the date the collecting authority receives bank details of the named client for the payment;
in any other case, 2 weeks beginning with—
the date the collecting authority gives the revised levy determination notice required under regulation 67, or
if later, the date the collecting authority receives bank details of the named client for the payment;
“relevant time” means the time which is the latest of the following—
the time the first compliant commencement notice was given in relation to building work to which the building control application referred to in paragraph (1) relates;
the time an updated application, if any, was made;
the time the most recent levy update notice, if any, was given under regulation 52(2) in relation to the building control application;
“uncertificated work” means the part of the original work in respect of which no final certificate has been accepted or, as the case may be, no completion certificate has been given, where the original work means the building work described in the building control application referred to in paragraph (1).
67 Refunds: levy liability amount, levy liability notices and levy payment certificates
(1) This regulation applies if, following receipt of a refund application in accordance with regulation 66, a collecting authority is satisfied the requirements of regulation 66(1) are met.
(2) Where this regulation applies—
(a) in a case to which condition E in regulation 66 applies, the collecting authority must, before the end of the period of 5 weeks beginning with the date on which the refund application is received—
(i) determine the new levy liability amount in relation to the building control application referred to in regulation 66(1),
(ii) give the named client a revised levy determination notice in relation to the building control application,
(iii) give the named client a revised levy payment certificate, and
(iv) if the building control application referred to in regulation 66(1) is an initial notice or an updated application in relation to an initial notice, give a copy of the revised levy determination notice and revised levy payment certificate to the registered building control approver,
(b) in a case to which condition F in regulation 66 applies—
(i) on the date the refund is issued the levy liability notice and levy payment certificate referred to in regulation 66(1) are cancelled, and
(ii) the collecting authority must, no later than 2 weeks after the date on which the refund amount under regulation 66(3) is paid, give a notice of the cancellation to the named client and give a copy of that notice to the registered building control approver,
(c) in a case to which condition G in regulation 66 applies—
(i) on the date the refund is issued the levy liability notice referred to in regulation 66(1) is cancelled, and
(ii) the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received—
(aa) give the named client a revised levy payment certificate,
(bb) give a copy of the revised levy payment certificate to the registered building control approver,
(d) in a case to which condition H, condition I, condition J or condition K in regulation 66 applies—
(i) if the cancellation under section 52A of the 1984 Act applies to the whole of the initial notice referred to in condition H in regulation 66—
(aa) on the date the refund is issued the levy liability notice and levy payment certificate referred to in regulation 66(1) are cancelled,
(bb) the collecting authority must, no later than 2 weeks after the date on which the refund amount under regulation 66(3) is paid, give a notice of the cancellation to the named client and give a copy of that notice to the registered building control approver,
(ii) if a final certificate has been accepted in respect of some of the building work to which that initial notice relates and the cancellation under section 52A of the 1984 Act applies to the remainder of the building work described in the initial notice—
(aa) on the date the refund is issued the levy liability notice referred to in regulation 66(1) is cancelled,
(bb) the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received, give the named client a revised levy payment certificate and give a copy of that certificate to the registered building control approver,
(iii) if condition I or condition K applies and the local authority or, as the case may be, the regulator ceases to be the building control authority in relation to all the building work to which the building control application referred to in regulation 66(1) relates—
(aa) on the date the refund is issued the levy liability notice and levy payment certificate referred to in regulation 66(1) are cancelled,
(bb) the collecting authority must, no later than 2 weeks after the date on which the refund amount under regulation 66(3) is paid, give a notice of the cancellation to the named client,
(iv) if condition J applies and the regulator ceases to be the building control authority under section 91ZB of the 1984 Act in relation to all the building work to which the building control application referred to in regulation 66(1) relates—
(aa) on the date the refund is issued the levy liability notice and levy payment certificate referred to in regulation 66(1) are cancelled,
(bb) the collecting authority must, no later than 2 weeks after the date on which the refund amount under regulation 66(3) is paid, give a notice of the cancellation to the named client,
(v) if condition I or condition K applies and a completion certificate has been given in respect of some of the building work to which that building control application relates and the local authority or, as the case may be, the regulator ceases to be the building control authority in relation to the remainder of the building work described in that building control application—
(aa) on the date the refund is issued the levy liability notice referred to in regulation 66(1) is cancelled,
(bb) the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received, give the named client a revised levy payment certificate,
(vi) if condition J applies and a completion certificate has been given in respect of some of the building work to which that building control application relates and the regulator ceases to be the building control authority under section 91ZB of the 1984 Act in relation to the remainder of the building work described in that building control application—
(aa) on the date the refund is issued the levy liability notice referred to in regulation 66(1) is cancelled,
(bb) the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received, give the named client a revised levy payment certificate, and
(vii) in any other case, the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received—
(aa) determine the new levy liability amount in relation to the building control application referred to in regulation 66(1),
(bb) give the named client a revised levy determination notice and a revised levy payment certificate in relation to the building control application,
(cc) where condition H applies, also give a copy of the revised levy determination notice and revised levy payment certificate to the registered building control approver.
(2A) If a revised levy determination notice is given in accordance with paragraph (2)(a)(ii) or (2)(d)(vii)(bb) and that notice specifies that there is no charge, the levy liability notice in relation to the application referred to in regulation 66(1)(a) is cancelled and the revised levy determination notice given under paragraph (2)(a)(ii) or (2)(d)(vii)(bb) (as the case may be) must include a statement to that effect.
(2B) If a revised levy payment certificate is given in accordance with paragraph (2)(a)(iii) or (2)(d)(vii)(bb) and the revised levy determination notice given in accordance with paragraph (2)(a)(ii) or (2)(d)(vii)(bb) (as the case may be) specifies that there is no charge, the levy payment certificate referred to in regulation 66(1)(b) is cancelled and the revised levy payment certificate given under paragraph (2)(a)(iii) or (2)(d)(vii)(bb) (as the case may be) must include a statement to that effect.
(3) In this regulation the “new levy liability amount”, in relation to a building control application, is the difference between A and B, where—
(a) A is the levy liability amount shown in the levy liability notice given, and not cancelled, before the date of receipt of the refund application, and
(b) B is the amount of building safety levy attributable to the part lapse work, or in a case within paragraph (2)(d)(vii), the amount of building safety levy attributable to the condition H work or, as the case may be, the amount of building safety levy attributable to the condition I work, condition J work or condition K work.
(4) Subject to paragraph (5), in this regulation—
(a) the “amount of building safety levy attributable to the part lapse work” is the amount given by applying the formula in regulation 16(2) in respect of each relevant residential building to which the part lapse work relates, adding together the amounts if there is more than one building;
(b) the “amount of building safety levy attributable to the condition H work” is the amount given by applying the formula in regulation 16(2) in respect of each relevant residential building to which the condition H work relates, adding together the amounts if there is more than one building;
(c) the “amount of building safety levy attributable to the condition I work” is the amount given by applying the formula in regulation 16(2) in respect of each relevant residential building to which the condition I work relates, adding together the amounts if there is more than one building;
(d) the “amount of building safety levy attributable to the condition J work” is the amount given by applying the formula in regulation 16(2) in respect of each relevant residential building to which the condition J work relates, adding together the amounts if there is more than one building;
(e) the “amount of building safety levy attributable to the condition K work” is the amount given by applying the formula in regulation 16(2) in respect of each relevant residential building to which the condition K work relates, adding together the amounts if there is more than one building.
(5) In determining the amount referred to in paragraph (4)—
(a) the rules in regulations 16 to 21 are to apply in relation to the part lapse work, the condition H work, condition I work, condition J work or, as the case may be, the condition K work as if—
(i) references in regulations 16(1), 16(4), 17(3) and 20(2)(a) to a building to which a building control application relates were references to a building to which the part lapse work, the condition H work, condition I work, condition J work or, as the case may be, the condition K work relates;
(ii) if the building control application referred to in regulation 66(1) is an updated application the references in regulations 17(2)(a), 17(3), 18(2)(a), 18(3) and 18(4)(b) to the time the application was made were references to the time the original application was made;
(b) whether or not the named client is an exempt person is to be determined by reference to the circumstances at the time the building control application referred to in regulation 66(1) was made or, if later, the time a levy update notice was given under regulation 52(2) (“the relevant time”);
(c) whether or not a building is an exempt building is to be determined by reference to the circumstances at the relevant time;
(d) whether or not a dwelling is subject to an exemption referred to in regulation 8(1) is to be determined by reference to the circumstances at the relevant time;
(e) no regard is to be had to whether the part lapse work, condition H work, condition I work, condition J work or, as the case may be, the condition K work on its own is major residential development.
(6) A “revised levy determination notice” is a notice which specifies the new levy liability amount, or that there is no charge where the application is not chargeable, and must also specify—
(a) the building control application and, if applicable, the refund application to which the notice relates,
(b) in a case where the notice specifies a new levy liability amount—
(i) if ordinary residential dwellings would be provided as a result of the remaining work to which the building control application relates, the number of those dwellings,
(ii) if dwellings would be provided as a result of the remaining work, the number of those dwellings that are within any of sub-paragraphs (a) to (c) of regulation 8(1),
(iii) if purpose-built student accommodation would be provided as a result of the remaining work, the number of bedspaces contained in it,
(iv) in relation to each of the relevant residential buildings to which the remaining work relates—
(aa) the amount of chargeable accommodation floorspace (as defined in regulation 17(2)),
(bb) the chargeable amount of communal floorspace (as defined in regulation 18(2)), and
(cc) the applicable area rate (as defined in regulation 20(2)),
(v) the amount, if any, of the building safety levy previously paid in respect of the building control application including a separate amount for the original application, any updated application and any change to the levy amount following a levy update notice,
(c) in a case where the notice specifies there is no charge—
(i) the number of dwellings, if any, that would be provided as a result of the remaining work to which the building control application relates,
(ii) if purpose-built student accommodation would be provided as a result of the remaining work, the number of bedspaces contained in it,
(iii) the reasons why the application is not chargeable,
(d) the amount of any payment previously made in relation to the building control application under regulations 65 and 66,
(e) the date on which the notice is given.
(7) If the revised levy determination notice relates to an updated application the reference in paragraph (6)(a) to the building control application to which the notice relates is a reference to the original application and each subsequent variation application in relation to it.
(8) In this regulation a “revised levy payment certificate” is a notice which specifies the amount of building safety levy paid in respect of the building control application referred to in regulation 65(1) or 66(1) less the refund amount given under regulation 65(2), or, as the case may be, 66(3), and it must also include—
(a) details of the building control application in respect of which the payment under the previous levy payment certificate was received by the collecting authority,
(b) details of each levy payment certificate, including the amount specified in the certificate,
(c) details of the amount of any payment previously made in relation to the building control application under regulations 65 and 66,
(d) a statement of—
(i) if ordinary residential dwellings are provided or would be provided as a result of the relevant work to which the building control application relates, the number of those dwellings,
(ii) if the relevant work relates to purpose-built student accommodation, the number of bedspaces contained in that accommodation, and
(iii) if the relevant work also relates to dwellings that are within any of paragraphs (a) to (c) of regulation 8(1), the number of those dwellings, and
(e) the date on which the revised levy payment certificate is given.
(9) In this regulation—
“completion certificate”,“condition H work”, “condition I work”, “condition J work” and “condition K work” have the meanings given in regulation 66;
“part lapse work” has the meaning given in regulation 66;
“refund application” has the meaning given in regulation 66;
“relevant work” means—
in a case to which condition E or paragraph (11)(d)(iii), (e)(iii) or (f)(iii) of regulation 66 applies, the remaining work;
in a case to which condition G or paragraph (11)(d)(ii), (e)(ii) or (f)(ii) of regulation 66 applies, the part of the original work in respect of which a final certificate has been accepted or, as the case may be, a completion certificate has been given, where the original work means the building work described in the building control application referred to in regulation 66(1);
“remaining work” means the original work ignoring the part lapse work, condition H work, condition I work, condition J work or, as the case may be, condition K work, where the original work means the building work described in the building control application referred to in regulation 66(1).
68 Provision of payment information to the Secretary of State
(1) A collecting authority must prepare a building safety levy return for each financial quarter.
(2) A building safety levy return relating to a financial quarter must be provided to the Secretary of State within 30 days of the end of that quarter.
(3) A building safety levy return must include the following information—
(a) the total of the notified building safety levy amounts, for the financial quarter, charged at the area rate shown in column 2 of the table in Schedule 3;
(b) the total of the notified building safety levy amounts, for the financial quarter, charged at the area rate shown in column 3 of the table in Schedule 3;
(c) the total of the notified building safety levy amounts, for all preceding financial quarters, charged at the area rate shown in column 2 of the table in Schedule 3, excluding—
(i) amounts stated in levy liability notices that were given but subsequently cancelled whether in the financial quarter to which the return relates or a preceding financial quarter, and
(ii) amounts paid in respect of building safety levy in the current and all preceding quarters;
(d) the total of the notified building safety levy amounts, for all preceding financial quarters, charged at the area rate shown in column 3 of the table in Schedule 3, excluding—
(i) amounts stated in levy liability notices that were given but subsequently cancelled whether in the financial quarter to which the return relates or a preceding financial quarter, and
(ii) amounts paid in respect of building safety levy in the current and all preceding quarters;
(e) the total amount of payments in respect of building safety levy made to the collecting authority during the financial quarter;
(f) the total number of payments made by the collecting authority, during the financial quarter, under regulations 65 and 66 and the total amount of those payments;
(g) the total amount of administrative expenses, as defined in regulation 69, incurred by the collecting authority during the financial quarter;
(h) the total amount in respect of building safety levy to be paid by the collecting authority to the Secretary of State in relation to the financial quarter;
(i) the total number of levy information spot checks carried out in the financial quarter and the number of those spot checks to which regulation 51 applies.
(4) In this regulation, a “notified building safety levy amount” for a financial quarter is an amount of building safety levy stated in a levy liability notice that—
(a) is given by the collecting authority during the financial quarter, and
(b) is not cancelled before the end of that financial quarter.
69 Payment and deduction of administrative expenses
(1) The collecting authority must, in respect of each financial quarter, pay an amount equal to the levy balance for that quarter to the Secretary of State within 42 days of the end of that quarter.
(2) To determine the levy balance for a financial quarter, take the following steps—
Step 1
Calculate the total amount of payments in respect of building safety levy received by the collecting authority during that quarter.
Step 2
Deduct the following from the amount determined under Step 1—
the administrative expenses of the collecting authority during the financial quarter, and
the total amount of payments made by the collecting authority, during the financial quarter, under regulations 65 and 66.
Step 3
If the levy balance for the immediately preceding financial quarter was a negative amount, deduct the amount of the deficit from the result given after Steps 1 and 2.
(3) If the levy balance for a financial quarter is a negative amount, paragraph (1) does not apply in respect of that financial quarter.
(4) In this regulation, “administrative expenses” are the aggregate amount incurred by a collecting authority, in its capacity as collecting authority, on the following—
(a) employing staff, or engaging contractors, to work on or assist with the collection, administration and enforcement of the building safety levy;
(b) costs of acquiring, developing, joining and using systems and services, including electronic or online systems and services, to be used in relation to the collection, administration and enforcement of the building safety levy;
(c) office costs incurred in relation to the collection, administration and enforcement of the building safety levy, including the cost of providing office equipment, stationery, and email, messaging and telephone services;
(d) costs of maintaining office equipment, systems or services referred to in sub-paragraph (b) and (c), including any specialist advice required to do so;
(e) costs, including rent, facilities management and provision of utility services, payable in relation to office accommodation used by the staff referred to in sub-paragraph (a), and for space occupied by the equipment, systems and services referred to in sub-paragraphs (b) and (c);
(f) costs associated with legal proceedings in connection with the building safety levy;
(g) any other amounts for which the collecting authority is legally liable in connection with the building safety levy.
(1) This regulation applies if a collecting authority’s levy balance is a negative amount for the financial quarter ending on the last day of March in any year.
(2) The Secretary of State must make a payment to the collecting authority of an amount equal to the amount of the deficit.
(3) For the purposes of Step 3 in regulation 69(2), the levy balance for that financial quarter is treated as being nil.
(1) The named client in relation to a building control application may request a review of—
(a) a decision by the collecting authority to give a levy liability notice under regulation 37 or its determination of the levy liability amount specified in such a notice;
(b) a decision by the collecting authority to revise a levy liability notice under regulation 53, regulation 54 or regulation 67 or its determination of the new levy liability amount specified in such a notice;
(c) a decision by the collecting authority to refuse to issue a refund under regulation 65 or 66 or its determination of a refund amount under those provisions.
(2) The request must be made to the collecting authority before the end of the period of 28 days beginning with the day on which the levy liability notice or the revision to the levy liability notice referred to in paragraph (1), or a decision under paragraph (1)(c) is given.
(3) The request must include the following information—
(a) the contact information for the named client,
(b) information identifying the building control application, or, in the case of an updated application, the original application and all of the related variation applications, to which the levy liability notice or, as the case may be, the revision to the levy liability notice relates,
(c) information identifying the levy liability notice or, as the case may be, the revision to the levy liability notice,
(d) where the request is in relation to a decision under regulation 65, 66 or 67, information identifying the levy payment certificate in relation to the building control application, and
(e) the reason for requesting a review.
(4) The request may include, or be accompanied by, such other information as the named client considers relevant for the purposes of determining the amount of a refund or the amount of building safety levy chargeable in relation to the building control application whether or not that information was available at the time the application was made.
(5) A person may not request a review of the decision reached on an earlier review, but this does not prevent a review of a decision in relation to an updated application where a review has been carried out in relation to the original application or another updated application in relation to that original application.
(1) If a request for a review is made in accordance with regulation 71, the collecting authority must review the decision.
(2) The review referred to in paragraph (1) must be carried out by a person senior to the person making the original decision and who had no involvement with the original decision.
(3) In making a decision on a review under regulation 71(1)(a) or (b), the collecting authority may—
(a) confirm the levy liability amount specified in a levy liability notice or a revision to a levy liability notice, or
(b) either—
(i) calculate a revised levy liability amount in relation to the building control application, or
(ii) determine that no building safety levy is chargeable in relation to the building control application.
(4) In making a decision on a review under regulation 71(1)(c) the collecting authority may—
(a) confirm the refund amount,
(b) calculate a new refund amount under regulation 65 or 66 in relation to the building control application, or
(c) determine or confirm that no refund is payable in relation to the building control application.
(5) Before the end of the period of 28 days beginning with the date on which the request for review is received, the collecting authority must notify the named client of its decision on the review and the reasons for that decision, and 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.
(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.
74 Secretary of State review of building safety levy
(1) The Secretary of State must carry out reviews of—
(a) the operation of these Regulations, and
(b) the area rates specified in Schedule 3.
(2) After each review, the Secretary of State must publish a report of the review.
(3) The first report must be published before the end of the period of 3 years beginning with the day on which this regulation comes into force.
(4) Subsequent reports must be published at intervals not exceeding 3 years.
Regulation 7(2)
Exempt buildings: general
1 (1) A building is an “exempt building” if it is designed or adapted (or is in the process of being constructed or adapted) for use primarily as—
(a) school accommodation,
(b) a care home,
(c) a secure residential institution or other premises for the supervision and rehabilitation of persons charged with or convicted of offences,
(d) a hospital,
(e) accommodation for victims of domestic abuse,
(f) a children’s home, residential family centre or supported accommodation for children;
(g) a hotel or hostel,
(h) a monastery, nunnery, seminary or similar establishment,
(i) an almshouse, or
(j) temporary accommodation for homeless people.
(2) Paragraphs 2 to 8 apply for the purposes of this paragraph.
School accommodation
2 (1) “School accommodation” means residential accommodation provided by a school for the use of its students.
(2) “School” has the meaning given in section 4 of the Education Act 1996.
Care homes
3 “Care home” has the meaning given in section 3 of the Care Standards Act 2000.
Secure residential institutions
4 “Secure residential institution” means an institution used for the provision of secure residential accommodation, including as a prison, young offenders institution, detention centre, secure training centre, custody centre, short term holding centre or secure local authority accommodation.
Hospitals
5 “Hospital” means an institution which—
(a) is a hospital within the meaning of section 275 of the National Health Service Act 2006, and
(b) has at least one bed intended for an overnight stay of a patient admitted to the institution.
Accommodation for victims of domestic abuse
6 “Accommodation for victims of domestic abuse” means accommodation of the description specified in regulation 2(2) of the Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021.
Children’s homes, residential family centres and supported accommodation for children
7 (1) The following terms have the same meaning as in the Care Standards Act 2000—
“children’s home”;
“residential family centre”.
(2) “Supported accommodation for children” means accommodation that is within the definition of supported accommodation in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022.
Temporary accommodation for homeless people
8 “Temporary accommodation for homeless people” means accommodation the availability for occupation of which is secured under Part 7 of the Housing Act 1996.
Regulation 8(2)
Part 1 Social housing
“Social housing”: general
1 A dwelling is “social housing” if it satisfies at least one of conditions 1 to 4.
Condition 1
2 Condition 1 is that—
(a) the dwelling is let by a registered provider of social housing on one of the following—
(i) a demoted tenancy,
(ii) an introductory tenancy,
(iii) a secure tenancy,
(iv) an arrangement that would be a secure tenancy but for paragraph 4ZA or 12 of Schedule 1 to the Housing Act 1985,
(v) an assured tenancy, including an assured shorthold tenancy,
(vi) an assured agricultural occupancy,
(vii) an arrangement that would be an assured tenancy or an assured agricultural occupancy but for paragraph 12(1)(h) or 12ZA of Schedule 1 to the Housing Act 1988, and
(b) either—
(i) the dwelling is one in relation to which the Rent Standard 2020 set under section 194(2A) of the Housing and Regeneration Act 2008 applies, or
(ii) if sub-paragraph (i) does not apply, the rent is no more than 80% of market rent, including service charges.
Condition 2
3 (1) Condition 2 is that the following criteria are met—
(a) the dwelling is occupied in accordance with shared ownership arrangements within the meaning of section 70(4) of the Housing and Regeneration Act 2008,
(b) the percentage of the value of the dwelling paid as a premium on the day on which a lease is granted under the shared ownership arrangement does not exceed 75% of the market value (where the market value at any time is the price which the dwelling might reasonably be expected to fetch if sold at that time on the open market),
(c) on the day on which a lease is granted under the shared ownership arrangements, the annual rent payable is not more than 3% of the value of the unsold interest, and
(d) the restricted rent increase condition is met in respect of the lease.
(2) The restricted rent increase condition is met in respect of a lease if—
(a) the annual rent payable under the lease is not increased more than once in any 12 month period, and
(b) if the annual rent is increased with effect from a date within that period (the “rent increase date”), either—
(i) the percentage increase does not exceed the RPI increase for the reference period plus 0.5%, or
(ii) the percentage increase does not exceed the CPI increase for the reference period plus 1%.
(3) In sub-paragraph (2)(b), the “reference period”, in relation to a rent increase date, means a period of 12 months—
(a) beginning on the first day of a month specified in, or determined by reference to, the lease, and
(b) ending less than 12 months before the rent increase date.
(4) In this paragraph—
(a) “consumer prices index” means—
(i) the general index for consumer prices for all items published by the Statistics Board, or
(ii) if that index is not published for a particular month, any substituted index or index figures published by the Statistics Board;
(b) the “CPI increase”, in relation to a reference period, means the percentage change in the consumer prices index for the period;
(c) “retail prices index” means—
(i) the general index of retail prices for all items published by the Statistics Board, or
(ii) if that index is not published for a particular month, any substituted index or index figures published by the Statistics Board;
(d) the “RPI increase”, in relation to a reference period, means the percentage change in the retail prices index for the period.
Condition 3
4 Condition 3 is that—
(a) the dwelling is let by a person who is not a registered provider of social housing on one of the following—
(i) an assured tenancy, including an assured shorthold tenancy;
(ii) an assured agricultural occupancy;
(iii) an arrangement that would be an assured tenancy or an assured agricultural occupancy but for paragraph 12(1)(h) of Schedule 1 to the Housing Act 1988;
(iv) a demoted tenancy;
(v) an introductory tenancy;
(vi) a secure tenancy;
(vii) an arrangement that would be a secure tenancy but for paragraph 4ZA or 12 of Schedule 1 to the Housing Act 1985;
(b) the following criteria are met—
(i) the dwelling is let to a person whose needs are not adequately served by the commercial housing market, and
(ii) the rent is no more than 80% of market rent, including service charges, and
(c) a planning obligation designed to ensure compliance with both criteria at sub-paragraph (b) has been entered into in respect of the planning permission which permits the building work to which the building control application relates.
Condition 4
5 Condition 4 is that the following criteria are met—
(a) the first sale of the dwelling is for no more than 70% of its market value (where the market value at any time is the price that the dwelling might reasonably be expected to fetch if sold at that time on the open market), and
(b) a planning obligation has been entered into prior to the first sale of the dwelling designed to ensure that any subsequent sale of the dwelling is for no more than 70% of its market value.
Definitions
6 In this Part of this Schedule—
“assured agricultural occupancy”, “assured shorthold tenancy” and “assured tenancy” have the same meanings as in Part 1 of the Housing Act 1988;
“demoted tenancy” means a tenancy to which section 20B of the Housing Act 1988 or section 143A of the Housing Act 1996 applies;
“introductory tenancy” has the same meaning as in Chapter 1 of Part 5 of the Housing Act 1996;
“market rent” means the rent which the lease might reasonably be expected to fetch at that time on the open market;
“planning obligation”means an obligation under section 106 of TCPA 1990;
“secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985;
“unsold interest” means the freehold interest or the leasehold interest owned by the person providing the dwelling.
Part 2 Supported housing
Supported housing
7 (1) Each of the following is “supported housing”—
(a) accommodation which is provided by a body listed in sub-paragraph (2) where that body, or a person acting on its behalf, also provides a person resident in the accommodation with care, support or supervision;
(b) accommodation—
(i) which is provided by a body listed in sub-paragraph (2),
(ii) into which people are admitted in order to meet a need for care, support or supervision, and
(iii) where that person receives care, support or supervision.
(2) For the purposes of sub-paragraph (1) the bodies are—
(a) a local authority,
(b) a housing association,
(c) registered charity, or
(d) a voluntary organisation,
(3) In this paragraph—
“housing association” has the meaning given by section 1 of the Housing Associations Act 1985;
“registered charity” means a charity registered under the Charities Act 2011.
Part 3 Exempt accommodation
8 (1) “Exempt accommodation” means—
(a) school accommodation,
(b) accommodation for victims of domestic abuse,
(c) supported accommodation for children,
(d) temporary accommodation for homeless people, or
(e) accommodation provided in—
(i) a care home,
(ii) a secure residential institution or other premises for the supervision and rehabilitation of persons charged with or convicted of offences,
(iii) a hospital,
(iv) a children’s home or residential family centre,
(v) a hotel or hostel,
(vi) a monastery, nunnery, seminary or similar establishment, or
(vii) an almshouse.
(2) Terms used in sub-paragraph (1) have the same meaning as in Schedule 1.
Regulation 23
Named client in relation to building control applications with full plans or related updated application
1 (1) This paragraph applies in relation to a building control application which is—
(a) an application for building control approval with full plans, or
(b) an updated application in relation to an application for building control approval with full plans.
(2) Except where sub-paragraph (3) applies, the named client is—
(a) the person named in the relevant application as the client under regulation 14(1)(b) of the 2010 Regulations, or
(b) if no person is named in the relevant application under regulation 14(1)(b), the applicant named under regulation 14(1)(a) of the 2010 Regulations.
(3) If, after the relevant application is made, a person gives notice to a local authority or the regulator under regulation 11O(2) of the 2010 Regulations in relation to the building work to which the application relates, the named client is—
(a) the person named as the new client in that notice, or
(b) if more than one notice is given, the person named as the new client in the latest of those notices.
(4) For the purposes of sub-paragraph (3), “relevant application” means—
(a) in a case within sub-paragraph (1)(a), references to the application for building control approval with full plans, and
(b) in a case within sub-paragraph (1)(b), references to the variation application in relation to the updated application.
Named client in relation to initial notice or related updated application
2 (1) This paragraph applies in relation to a building control application which is—
(a) an initial notice, or
(b) an updated application in relation to an initial notice.
(2) The named client is—
(a) the person named as the client under paragraph 3 of Form 1 (as read with note (4)) or paragraph 3 of Form 4 (as read with note (5)) in Schedule 1 to the RBCA Regulations,
(b) if paragraph 1(j) of the Annex to Form 2 in Schedule 1 to the RBCA Regulations applies, the person named as the named client in the building safety levy information provided with an amendment notice whether or not the amendment notice is rejected,
(c) if regulation 15(2B) of the RBCA Regulations applies, the person named as the named client in the statement required by that regulation whether or not the notice under regulation 15(2) of the RBCA Regulations is rejected,
(d) if a levy update notice is given in relation to the initial notice, the person named as the named client in that notice,
(e) if paragraph 16 of Form 5 in Schedule 1 to the RBCA Regulations requires details of the client to be provided, the person named as the client in the final certificate whether or not the final certificate is rejected,
(f) if a notice is given under section 51C of the 1984 Act by a person who now proposes to carry out the work, the person named as the client under paragraph 2 of Form 8 (as read with note (2)) in Schedule 1 to the RBCA Regulations,
(g) if a notice has been given under sub-paragraph (3), the person named as the named client in that notice, or
(h) if more than one notice or certificate referred to in paragraph (b) to (g) has been given, the person named as the new client in the latest of those notices or certificates.
(3) If a new person (NP) becomes the client in relation to building work to which a building control application referred to in sub-paragraph (1) relates, then NP may give a notice, signed by them, to the collecting authority which—
(a) states that the person giving the notice is now the named client in relation to the building control application;
(b) identifies the building control application to which the notice relates;
(c) sets out the contact information for the new named client.
(4) In sub-paragraphs (2)(f) and (3), “the client” has the meaning given in regulation 2 of the 2010 Regulations.
Named client in relation to higher-risk building application or related updated application
3 (1) This paragraph applies in relation to—
(a) a building control application which is a higher-risk building application, and
(b) an updated application in relation to a higher-risk building application.
(2) Except where sub-paragraph (3) applies, the named client is—
(a) in the case of a building control approval application for HRB work, the person named as the client under regulation 4(1)(a) of the HRB Regulations,
(b) in the case of a building control approval application for a stage of HRB work, the person named as the client under regulation 4(1)(a) and (3)(a) of the HRB Regulations,
(c) in the case of a building control approval application for work to existing HRB, the person named as the client under regulation 12(1)(a) of the HRB Regulations, or
(d) in the case of an updated application, the person named as the client under regulation 21(1)(a) of the HRB Regulations.
(3) If a person gives notice to the regulator under regulation 27(2) of the HRB Regulations in relation to the building work to which the application relates, the named client is—
(a) the person named as the new client in that notice, or
(b) if more than one notice is given, the person named as the new client in the latest of those notices.