The Building (Local Authority Charges) Regulations 2010

Made: 22nd February 2010

Laid before Parliament: 25th February 2010

Coming into force: 1st April 2010

The Secretary of State, in exercise of the powers conferred by sections 1, 16(10), 35 and 50(3) of, and paragraphs 9 and 10 of Schedule 1 to, the Building Act 1984[^f00001], makes the following Regulations:

Citation and commencement

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These Regulations may be cited as the Building (Local Authority Charges) Regulations 2010 and shall come into force on 1st April 2010.

Interpretation

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In these Regulations—

• “the Act” means the Building Act 1984;

• ...

• “building” means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;

• “building notice” means a notice given in accordance with regulations 12(2)(a) and 13 of the Principal Regulations;

• “building work” has the meaning given in regulation 3(1) of the Principal Regulations;

• “chargeable function” means a function listed in regulation 5(1);

• “officer” includes a person contracted by the local authority or a person employed by such a contractor, to perform a chargeable function or provide chargeable advice but does not include a consultant of the kind referred to in regulation 7(3);

• “the Principal Regulations” means the Building Regulations 2010; and

• “the RBCA Regulations” means the Building (Registered Building Control Approvers etc.) (England) Regulations 2024;

• “the RBCA (Wales) Regulations” means the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024;

• “relevant person” means—in relation to a plan charge, inspection charge, reversion charge or building notice charge, the person who carries out the building work or on whose behalf the building work is carried out;in relation to a regularisation charge, the owner of the building; andin relation to chargeable advice, any person requesting advice for which a charge may be made pursuant to regulation 5(2).

Authorisation to fix and recover charges by way of a scheme

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• (1) A local authority are authorised by means of a scheme made under these Regulations (a “charging scheme”) to—

• (a) fix such charges as they may determine, from time to time and in accordance with these Regulations, for or in connection with the performance of their functions relating to building regulations; and

• (b) recover those charges, to the extent provided for by these Regulations, from relevant persons.

• (2) The authorisation given by paragraph (1) is subject to the exception in regulation 4.

Exception for building work solely required for disabled persons

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• (1) Subject to paragraph (2), in relation to an existing dwelling which is, or is to be, occupied by a disabled person as a permanent residence, a local authority shall not fix or recover any charges where the whole of the building work in question is solely—

• (a) for the purpose of providing means of access for the disabled person by way of entrance or exit to or from the dwelling or any part of it, or

• (b) for the purpose of providing accommodation or facilities designed to secure the greater health, safety, welfare or convenience of the disabled person.

• (2) Building work does not fall within paragraph (1)(b) unless the local authority are satisfied that the work consists of—

• (a) the adaptation or extension of existing accommodation or an existing facility or the provision of alternative accommodation or an alternative facility where the existing accommodation or facility could not be used by the disabled person or could be used by the disabled person only with assistance; or

• (b) the provision or extension of a room which is or will be used solely—

• (i) for the carrying out for the benefit of the disabled person of medical treatment which cannot reasonably be carried out in any other room in the dwelling, or

• (ii) for the storage of medical equipment for the use of the disabled person, or

• (iii) to provide sleeping accommodation for a carer where the disabled person requires 24-hour care.

• (3) In relation to an existing building to which members of the public are admitted (whether on payment or otherwise) a local authority shall not fix charges where the whole of the building work in question is solely—

• (a) for the purpose of providing means of access for disabled persons by way of entrance or exit to or from the building or any part of it; or

• (b) for the provision of facilities designed to secure the greater health, safety, welfare or convenience of disabled persons.

• (4) In this regulation—

• “disabled person” means a person who has a disability within the meaning given by section 6 of the Equality Act 2010 (disability); and

• “dwelling” includes a dwelling-house and a flat; and “dwelling-house” and “flat” have the same meanings as in the Principal Regulations.

Principles of charging scheme: chargeable functions and advice

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• (1) A local authority are authorised, by means of a charging scheme, to make a charge for or in connection with each of the following functions carried out by them—

• (a) in relation to Wales, the passing or rejection of plans of proposed building work which have been deposited with the local authority, in accordance with section 16 of the Act[^f00010] (a “plan charge”);

• (aa) in relation to England—

• (i) the passing or rejection of plans which have been deposited with the local authority, in accordance with section 16 of the Act, before 1st October 2023, or

• (ii) the granting or rejection of an application for building control approval in relation to proposed building work in England made to the local authority in accordance with the Principal Regulations,

(“a plan charge”);

• (b) in relation to Wales, the inspection of building work for which plans have been deposited in accordance with the Principal Regulations and with section 16 of the Act (an “inspection charge”);

• (ba) in relation to England, the inspection of building work for which—

• (i) plans have been deposited with the local authority, in accordance with section 16 of the Act, before 1st October 2023, or

• (ii) an application for building control approval has been granted in accordance with the Principal Regulations,

(“an inspection charge”);

• (c) the consideration of a building notice which has been given to the local authority in accordance with the Principal Regulations (a “building notice charge”);

• (d) in relation to Wales, the consideration of building work reverting to local authority control under the RBCA (Wales) Regulations (a “reversion charge”);

• (da) in relation to England, the consideration of building work reverting to local authority control under the RBCA Regulations (a “reversion charge”); and

• (e) the consideration of an application under regulation 18 of the Principal Regulations and the inspection of any building work to which that application relates (a “regularisation charge”).

• (2) A local authority are authorised by means of a charging scheme, to make a charge in relation to a request for advice as regards any particular case (in these Regulations called “chargeable advice”) where such a charge is made in anticipation of the future exercise of their chargeable functions in relation to that case; but no charge may be made for the first hour of time spent by an officer of the authority in providing chargeable advice.

Principles of charging scheme: overriding objective in determining charges

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• (1) In determining the amount of the charges to be made within a charging scheme, a local authority shall have regard to the overriding objective in paragraph (3).

• (2) At the end of the financial year in which a local authority first make a charging scheme, and of each subsequent financial year, the authority shall conduct a review of the level of charges set under their charging scheme in accordance with regulation 7, for the purpose of achieving the overriding objective.

• (3) The overriding objective is that the authority must ensure that, taking one financial year with another, the income derived by the authority from performing chargeable functions and providing chargeable advice (“chargeable income”) as nearly as possible equates to the costs incurred by the authority in performing chargeable functions and providing chargeable advice (“chargeable costs”).

• (4) Immediately following the review mentioned in paragraph (2) a local authority shall prepare a statement which sets out, as regards the financial year to which it relates—

• (a) the chargeable costs;

• (b) the chargeable income; and

• (c) the amount of any surplus or deficit.

• (5) The statement prepared in accordance with paragraph (4) shall be published not more than six months after the end of the financial year to which the statement relates.

• (6) The statement to be published under this regulation must be approved by the person having responsibility for the administration of the financial affairs of the local authority under—

• (a) section 151 of the Local Government Act 1972[^f00011]; or

• (b) in the case of the Common Council of the City of London, section 6 of the Local Government and Housing Act 1989[^f00012].

• (7) Paragraph (8) applies where—

• (a) an authority first makes a charging scheme under these Regulations, and

• (b) that scheme first takes effect at any time other than at the beginning of a financial year.

• (8) Where this paragraph applies, in determining the charges under their charging scheme, an authority shall have regard to any estimated surplus or deficit arising for that part of the financial year for which an existing scheme made under the Building (Local Authority Charges) Regulations 1998[^f00013] continues to have effect.

• (9) A financial year is the period of 12 months beginning with 1st April.

Principles of charging scheme: calculating charges

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• (1) A local authority shall determine the charges referred to in their charging scheme by reference to the costs of providing services in relation to particular building work or building work of particular descriptions, having regard in doing so to the overriding objective in regulation 6(3).

• (2) The costs of providing the services shall be calculated using—

• (a) the hourly rate at which the time of their officers will be charged, and

• (b) such of the factors listed in paragraph (5) as will be taken into account in estimating the time required by their officers for performing a chargeable function or providing chargeable advice.

• (3) Where the local authority consider it necessary to engage and incur the costs of a consultant to provide specialist advice or services in relation to a particular aspect of building work those costs shall also be included in the determination referred to in paragraph (1).

• (4) The hourly rate determined for the purposes of paragraph (2)(a) shall be stated in the charging scheme.

• (5) The factors to be taken into account as mentioned in paragraph (2)(b) are such of the following factors as may be applicable in the particular case—

• (a) the existing use of a building, or the proposed use of the building after completion of the building work;

• (b) the different kinds of building work described in regulation 3(1)(a) to (i)[^f00014] of the Principal Regulations;

• (c) the floor area of the building or extension;

• (d) the nature of the design of the building work and whether innovative or high risk construction techniques are to be used;

• (e) the estimated duration of the building work and the anticipated number of inspections to be carried out;

• (f) the estimated cost of the building work;

• (g) whether a person who intends to carry out part of the building work is a person mentioned in regulation 12(6) or 43(4) of the Principal Regulations in respect of that part of the work;

• (h) whether in respect of the building work a notification will be made in accordance with regulation 41(4) of the Principal Regulations;

• (i) whether an application or building notice is in respect of two or more buildings or building works all of which are substantially the same as each other;

• (j) whether an application or building notice is in respect of building work which is substantially the same as building work in respect of which plans have previously been deposited or building works inspected by the same local authority;

• (ja) whether an application or building notice in relation to building work is in respect of building work which is substantially the same as building work in respect of which an application for building control approval has been granted or building works inspected by the same local authority;

• (k) whether chargeable advice has been given which is likely to result in less time being taken by the local authority to perform the chargeable function;

• (l) whether it is necessary to engage and incur the costs of a consultant to provide specialist advice or services in relation to a particular aspect of the building work.

• (6) A local authority shall publish in their charging scheme—

• (a) any standard charges determined by the authority in relation to particular building work or building work of particular descriptions, and

• (b) such of the factors listed in paragraph (5) as they have taken into account in determining the standard charges.

• (7) Where a local authority determine a charge (other than a standard charge) the authority shall give to the relevant person notice in writing specifying—

• (a) the amount of the charge, and

• (b) the factors in paragraph (5), which the authority have taken into account in determining the charge.

• (8) Where in relation to a request from a relevant person, one or more standard charges would apply to the building work in question the local authority may, with the agreement of that person, determine the charge otherwise than by applying the standard charge or (in the case of two or more standard charges) aggregating the amounts of the standard charges; and if they do so, shall give to that person notice in writing specifying—

• (a) the amount of the charge, and

• (b) the factors in paragraph (5) which the authority have taken into account in determining the charge.

• (9) For the purpose of paragraph (5)(c)—

• (a) the floor area of a building or extension is the total floor area calculated by reference to the finished internal faces of the walls enclosing the area, or, if at any point there is no enclosing wall, by reference to the outermost edge of the floor;

• (b) the total floor area of any building is the total of the floor area of all the storeys which comprise that building; and

• (c) the total floor area of an extension is the total floor areas of all the storeys in the extension.

• (10) In this regulation—

• “estimated cost” means the amount accepted by the local authority as that which a person engaged in the business of carrying out building work would reasonably charge for carrying out the work in question, excluding value added tax and professional fees.

Principles of charging scheme as to payment

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• (1) Subject to paragraph (3), a charging scheme made under these Regulations shall provide that—

• (a) any plan charge shall be payable when plans of the building work are deposited with , or an application for building control approval for the building work is made to, the authority;

• (b) any inspection charge shall be payable on demand made after the authority carry out the first inspection in respect of which the charge is payable;

• (c) any building notice charge shall be payable when the building notice is given to the authority;

• (d) in relation to Wales, any reversion charge shall be payable for building work in relation to a building—

• (i) which has been substantially completed before plans are first given to the authority in accordance with regulation 17(2)(a)(i) of the RBCA (Wales) Regulations, or

• (ii) in respect of which plans for further building work have been given to the authority in accordance with regulation 17(3) of the RBCA (Wales) Regulations,

on the first occasion on which those plans are or have been given;

• (da) in relation to England, any reversion charge shall be payable for building work in relation to a building—

• (i) which has been substantially completed before plans are first given to the authority in accordance with regulation 22(2)(a) of the RBCA Regulations, or

• (ii) in respect of which plans for further building work have been given to the authority in accordance with regulation 22(3) of the RBCA Regulations,

on the first occasion on which those plans are or have been given;

• (e) any regularisation charge shall be payable at the time of the application to the authority in accordance with regulation 18 of the Principal Regulations;

• (f) any charge for chargeable advice shall be payable on demand after the authority have given the notice required by regulation 7(7);

• (g) the charges payable in accordance with sub-paragraphs (a) to (f) are to be payable by the relevant person;

• (h) there shall be paid with any charge payable to the authority under these Regulations an amount equal to any value added tax payable in respect of that charge;

• (i) notwithstanding sub-paragraphs (a) to (f), any charge which is payable to the authority may, in a particular case, and with the agreement of the authority, be paid by instalments of such amounts payable on such dates as may be specified by the authority.