The Building Safety Levy (England) Regulations 2025

Type Statutory-Instrument
Publication 2025-11-19
State In force
Department King's Printer of Acts of Parliament
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(3A) Subject to paragraphs (3B) and (3C), where the work 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), a notice under paragraph (3) must also— (a) if the levy charging conditions are met— (i) include a statement setting out the number of dwellings (if any) that would be provided as a result of the building work to which the building control approval application for work to existing HRB relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations, (ii) include a statement setting out the levy charging information, in accordance with regulation 17B, in relation to the building control approval application for work to existing HRB to which the notice relates, (iii) include a statement setting out the applicable planning information, (b) if the levy charging conditions are not met— (i) include a statement setting out the applicable planning information, (ii) include a statement explaining how the levy charging conditions are not met, (iii) be accompanied by evidence as to the matters described in paragraphs (i) and (ii), or (c) if a statement under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the building control approval application for work to existing HRB relates, include a statement to that effect. (3B) Where a notice under paragraph (3) is required to include a statement under paragraph (3A)(a) or (b), 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 notice under paragraph (3) is sent to the regulator. (3C) Where, in relation to the work referred to in paragraph (3A), no statement under regulation 17A(1)(c) to (f) has previously been required, the notice under paragraph (3) must include whichever of those statements under regulation 17A(1)(c) to (f) that is applicable.

  • (b) after paragraph (11) insert—

(12) In this regulation— (a) the “levy charging conditions” are— (i) the building work to which the building control approval application for work to existing HRB relates would result in 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), (ii) 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 (iii) 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; (b) subject to sub-paragraph (c), “applicable planning information” is— (i) where a statement under regulation 17A(1)(a) stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change; (ii) where a statement under regulation 17A(1)(a) stated that section 33 of the Planning Act 2008 applied, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change; (iii) where regulation 17A(1)(b)(i) or (iv) applied to the building control approval application for work to existing HRB at the time that application was made, a statement confirming that information identifying the planning permission or prior approval have already been provided and if the planning permission has changed since the time that application was made the statement must set out details of the planning permission as updated; (iv) where regulation 17A(1)(b)(ii) or (iii) applied to the building control approval application for work to existing HRB at the time that application was made, information identifying the planning permission granted; (v) where regulation 17A(1)(b)(v) or (vi) applied to the building control approval application for work to existing HRB at the time that application was made, information identifying the prior approval and how the prior approval requirement is satisfied, but where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the building control approval application for work to existing HRB relates; (c) if, at the date the applicable planning information is to be included in a notice or application, no statement under regulation 17A(1)(a) or (b) has previously been required, then the “applicable planning information” is whichever of those statements under regulation 17A(1)(a) or (b) that is applicable, as updated; (d) for the purposes of paragraph (b), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that— (i) prior approval is given (or is deemed to be given), or (ii) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990).

Amendment of HRB Regulations: building safety levy information etc

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After Chapter 2 of Part 2 of the HRB Regulations insert—

(17A) (1) The “building safety levy information” is— (a) a statement as to whether the applicable work relates to development— (i) for which planning permission is required, or (ii) to which section 33 of the Planning Act 2008 applies, (b) in a case where planning permission is required, also one of the following statements— (i) a statement that the planning permission has been granted together with information identifying the permission, (ii) a statement that an application for planning permission has been made but not yet determined together with information identifying the application for planning permission, (iii) a statement that an application for planning permission has not yet been made, (iv) a statement that the planning permission is subject to prior approval and the prior approval requirement is satisfied, together with information identifying the prior approval and how the requirement is satisfied, (v) a statement that the planning permission is subject to prior approval and a prior approval application has been made but the prior approval requirement is not yet satisfied, together with information identifying the prior approval application, (vi) a statement that the planning permission is subject to prior approval and a prior approval application has not yet been made, but where the planning permission expressly provides for the development to be carried out in phases the references in paragraphs (i), (ii) and (iii) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the relevant application relates, (c) in a case where planning permission is required or section 33 of the Planning Act 2008 applies, also 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, (d) in relation to each of the buildings included in the building work to which the relevant application relates, the local authority in whose area the building is or is to be situated, (e) the number of dwellings, if any, that would be provided as a result of the building work to which the relevant application relates, (f) if purpose-built student accommodation would be provided as a result of the building work to which the relevant application relates, the number of bedspaces that would be contained in the purpose-built student accommodation, and (g) if paragraph (3) applies in relation to the relevant application, details of any levy determination notice given in respect of the original application or the updated application comprising that original application and one or more variation applications. (2) In paragraph (1), the prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that— (a) prior approval is given or is deemed to be given, or (b) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990). (3) Where the relevant application is a “variation application” for the purposes of the BSL Regulations, references in this regulation and in regulation 17B to the application are to be treated as references to the updated application comprising the variation application, the original application to which it relates and any other variation applications relating to that original application. (4) In this regulation— - “applicable work” means— the building work to which a relevant application or change control application relates, but where the building work is part of a wider development, all the work included in that development; - “relevant application” means a building control approval application for HRB work, a stage of HRB work or work to existing HRB or a change control application. (17B) (1) The “levy charging information” is— (a) a statement as to whether the previous development condition is met in respect of the relevant building application, and (b) the following information in relation to each relevant residential building to which the relevant building application relates— (i) floorspace information in relation to the building on completion of the building work to which the relevant building application relates, and (ii) if the building is a relevant residential building at the time the relevant building application was made, the floorspace information in relation to the building at that time. (2) Subject to paragraphs (5) and (6), the “relevant building application” means— (a) where the levy charging information is required by regulation 9(3A) or 17(3A) to be included in a notice under regulation 9(3) or, as the case may be, regulation 17(3), the building control approval application for HRB work, stage of HRB work or work to existing HRB to which the notice relates; (b) where the levy charging information is required under regulation 21(2) and (3) to be included in a variation application, the updated application. (3) The “floorspace information” is— (a) the gross internal area of each ordinary residential dwelling; (b) the gross internal area of purpose-built student accommodation; (c) the gross internal area of each area of communal space for residents; (d) in relation to each area of communal space for residents, a statement as to whether it is within— (i) regulation 11(1)(a) of the BSL Regulations, or (ii) regulation 11(1)(b) of the BSL Regulations; (e) in relation to each area of communal space for residents that is within regulation 11(1)(b) of the BSL Regulations— (i) the gross internal area of each of the relevant residential units within regulation 11(1)(b)(i), and (ii) the gross internal area of each of the other units within regulation 11(1)(b)(ii). (4) For the purposes of any calculation under paragraph (3), it is to be assumed that the building work is carried out in accordance with— (a) the relevant building application, and (b) the planning permission and any agreement under section 106 of TCPA 1990, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development to which the building work relates. (5) In the case of a relevant building application that relates to part of a relevant residential building references in this regulation to the relevant residential building are to be treated as references to the part of the building to which the application relates. (6) If the levy charging information is provided in relation to an updated application, the reference in paragraph (1)(b)(ii) to the relevant building application is to be treated as a reference to the original application.

Chapter 2 — Applications made to the regulator: provision of information to, and by, the collecting authority

Provision of application information by the regulator

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  • (1) This regulation applies where the regulator receives—
  • (a) a higher-risk building application that includes the building safety levy information,
  • (b) a section 91ZB application that includes the building safety levy information,
  • (c) an updated application that includes the information required by virtue of regulation 14(1)(h) of the 2010 Regulations,
  • (d) a change control application that includes the information required by virtue of regulation 21(2)(g) of the HRB Regulations.
  • (2) The regulator must, before the end of the period of 10 working days beginning with the day on which the application is received, provide the following information to the collecting authority—
  • (a) the contact information for the named client;
  • (b) the reference number, if any, allocated by the regulator to the application;
  • (c) the date on which the application was received;
  • (d) a copy of the building safety levy information and any information required to be included in the application by virtue of regulation 21(2)(g)(ii) or (iii) of the HRB Regulations or regulation 14(1)(h)(ii) or (iii) of the 2010 Regulations.
  • (3) Paragraph (4) applies in relation to an application referred to in paragraph (1) if—
  • (a) in the case of a higher-risk building application, the regulator—
  • (i) rejects the application under regulation 7(2) or 15(2) of the HRB Regulations, and
  • (ii) gives notice of the rejection in accordance with regulation 7(4) or 15(4) of those Regulations;
  • (b) in the case of a section 91ZB application, the regulator—
  • (i) rejects the application under regulation 14A(2) of the 2010 Regulations[^f00031], and
  • (ii) gives notice of the rejection in accordance with regulation 14A(6) of those Regulations;
  • (c) in the case of a change control application, the regulator—
  • (i) rejects the application under regulation 24(2) of the HRB Regulations, and
  • (ii) gives notice of the rejection in accordance with regulation 24(4) of those Regulations.
  • (4) The regulator must, before the end of the period of 5 working days beginning with the day on which the notice of the rejection referred to in paragraph (3)(a)(ii), (b)(ii) or (c)(ii) is given, provide a copy of the notice to the collecting authority.
  • (5) If rejection of an application referred to in paragraph (1) is reviewed under regulation 48(1) of the HRB Regulations and the regulator does not uphold the rejection, the regulator must notify the collecting authority, before the end of the period of 5 working days beginning with the day on which the regulator makes the review decision, that the review has not upheld the rejection.
  • (6) If rejection of an application referred to in paragraph (1) is appealed under regulation 49(1) of the HRB Regulations and the regulator is notified that the appeal is allowed, the regulator must notify the collecting authority, before the end of the period of 5 working days beginning with the day on which the regulator receives the appeal decision, that the appeal has been allowed.

Provision of commencement of building work information by the regulator

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  • (1) If the regulator receives a commencement notice which includes information required under regulation 9(3A)(a) or (b) or 17(3A)(a) or (b) of the HRB Regulations, the regulator must—
  • (a) give a copy of the notice to the collecting authority, and
  • (b) if the regulator gives, in relation to the commencement notice, a rejection notice under regulation 9(4) or regulation 17(4) of the HRB Regulations, notify the collecting authority that the rejection notice has been given.
  • (2) If the regulator receives a commencement notice which includes information required under regulation 16(3CA)(a) or (b) of the 2010 Regulations[^f00032], the regulator must—
  • (a) give a copy of the notice to the collecting authority, and
  • (b) if the regulator gives, in relation to the commencement notice, a rejection notice under regulation 16(3E) of the 2010 Regulations[^f00033], notify the collecting authority that the rejection notice has been given.
  • (3) The regulator must give the copy of the commencement notice, required under paragraph (1)(a) or (2)(a), before the end of the period of 10 working days beginning with the day on which the commencement notice is received.
  • (4) The regulator must give the notification, required under paragraph (1)(b) or (2)(b), before the end of the period of 5 working days beginning with the day on which the regulator gives the rejection notice.
  • (5) If rejection of a commencement notice referred to in paragraph (1) or (2) is appealed and the regulator is notified that the appeal is allowed, the regulator must notify the collecting authority that the appeal has been allowed before the end of the period of 5 working days beginning with the day on which the regulator receives the appeal decision.

Provision of new named client information by the regulator

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  • (1) This regulation applies if—
  • (a) the regulator receives a notice under regulation 27(2) of the HRB Regulations in relation to—
  • (i) a higher-risk building application that includes the building safety levy information, or
  • (ii) a change control application that is accompanied by the building safety levy information, or
  • (b) the regulator—
  • (i) receives a notice under regulation 11O(2) of the 2010 Regulations[^f00034] in relation to building work, and
  • (ii) the section 91ZB application in relation to the building work includes the building safety levy information.
  • (2) The regulator must, before the end of the period of 5 working days beginning with the day on which the notice is received, provide a copy of the notice to the collecting authority.

Provision of confirmation by collecting authority

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  • (1) Paragraph (3) applies if, pursuant to regulation 14 of the 2010 Regulations, a collecting authority receives evidence from a named client of a type referred to in regulation 14(7) of those Regulations.
  • (2) Paragraph (3) applies if, pursuant to regulation 21 of the HRB Regulations, a collecting authority receives evidence from a named client of a type referred to in regulation 21(5) of those Regulations.
  • (3) The collecting authority must, within 10 working days beginning with the day on which the evidence is received, notify the regulator of its receipt.

Chapter 3 — Section 30A applications: provision of information by Secretary of State to a collecting authority

Applications under section 30A of the 1984 Act: rejection of higher-risk building application

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  • (a) an application is made to the Secretary of State under section 30A of the 1984 Act in relation to a higher-risk building application or a change control application that includes building safety levy information, and
  • (b) the Secretary of State rejects the higher-risk building application or the change control application under a provision mentioned in regulation 32(3)(a)(i) or (c)(i).
  • (2) The Secretary of State must, before the end of the period of 5 working days beginning with the day on which the notice of rejection under a provision mentioned in regulation 32(3)(a)(ii) or (c)(ii) is given, provide a copy of the notice to the collecting authority.
  • (3) If rejection of the application referred to in paragraph (1) is appealed and the Secretary of State is notified that the appeal is allowed, the Secretary of State must notify the collecting authority that the appeal has been allowed before the end of the period of 5 working days beginning with the day on which the Secretary of State receives the appeal decision.

Part 7 — DETERMINATION OF LEVY LIABILITY

Collecting authority: determination of levy liability amount

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  • (1) This regulation applies if—
  • (a) the building control authority has received a building control application, and
  • (b) the collecting authority has received the following information (or a copy of it) in relation to the building work to which the application relates—
  • (i) the information required by regulation 14(1)(g) or (h) of the 2010 Regulations, regulation 4(1)(f) or regulation 12(1)(f) or regulation 21(2)(g) and (5) of the HRB Regulations or, as the case may be, paragraph 5(f) of Form 1, or paragraph 4(h) of Form 2 or paragraph 5(f) of Form 4 in Schedule 1 to the RBCA Regulations, and
  • (ii) the information required by regulation 16(3CA) of the 2010 Regulations, regulation 9(3A) and (3B) or regulation 17(3A) and (3B) of the HRB Regulations or, as the case may be, regulation 15(2A), and where applicable regulation 15(2B), of the RBCA Regulations.
  • (2) The collecting authority must, within the determination period (as defined in regulation 38)—
  • (a) determine, in accordance with regulation 15, whether or not the application is chargeable, and
  • (3) If the application referred to in paragraph (1) is chargeable, the collecting authority must—
  • (a) determine the total amount of building safety levy chargeable in respect of the application (the “levy liability amount”) in accordance with regulation 16, and
  • (b) give a levy liability notice to the named client in accordance with regulation 39.
  • (4) If the application referred to in paragraph (1) is not chargeable, the collecting authority must give a notice of no charge to the named client in accordance with regulation 40.
  • (5) If the application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, the collecting authority must, within the determination period, give a copy of the notice referred to in paragraphs (3)(b) or (4) to the registered building control approver.
  • (6) In determining the amount referred to in paragraph (3) in relation to a building control application which 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 are to be treated as references to the time the original application, to which that updated application relates, was made.
  • (7) Subject to paragraphs (8) and (9), for the purposes of paragraph (1) the information (or a copy of it) is not to be considered to have been received if the building control application or the compliant commencement notice to which the information relates is rejected under—
  • (a) regulation 14A(2) or 16(3E) of the 2010 Regulations,
  • (b) regulation 9(4), 17(4) or 24(2) of the HRB Regulations,
  • (c) regulation 15(3) of the RBCA Regulations, or
  • (d) section 51A(3) of the 1984 Act.
  • (8) If there is a review of the decision to reject the building control application under regulation 48(1) of the HRB Regulations paragraph (7) does not have effect if the review does not uphold the decision to reject the application.
  • (9) If there is an appeal against the rejection of the building control application or compliant commencement notice under—
  • (a) regulation 14B(1), 14B(4), 14C(1) or 16(3I) of the 2010 Regulations,
  • (b) regulation 9(7), 17(7) or 49(1) of the HRB Regulations,
  • (c) regulation 15(6) of the RBCA Regulations, or
  • (d) section 55(1) of the 1984 Act,

paragraph (7) does not have effect if the appeal is allowed.

“Determination period”

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  • (1) Subject to paragraphs (3) to (9), in regulation 37, the “determination period” means the period of 5 weeks beginning with the receipt date or such longer period as the collecting authority and the named client agree in writing.
  • (2) The “receipt date” in relation to a building control application is—
  • (a) in the case of a building control application which is not an updated application, the date on which the collecting authority receives the last of the following documents—
  • (i) the building safety levy information in relation to the application;
  • (ii) the first compliant commencement notice, or a copy of it, in relation to building work to which the building control application relates;
  • (iii) the evidence, in relation to that notice, referred to in regulation 16(3CA) of the 2010 Regulations, regulation 9(3B) or 17(3B) of the HRB Regulations or, as the case may be, regulation 15(2A) of the RBCA Regulations;
  • (b) in the case of a pre-commencement updated application, the date on which the collecting authority receives the last of the following documents—
  • (i) the building safety levy information in relation to the updated application;
  • (ii) the first compliant commencement notice, or a copy of it, in relation to building work to which the updated application relates;
  • (iii) the evidence, in relation to that notice, referred to in regulation 16(3CA) of the 2010 Regulations, regulation 9(3B) or 17(3B) of the HRB Regulations or, as the case may be, regulation 15(2A) of the RBCA Regulations;
  • (c) in the case of an updated application which is received after the first compliant commencement notice, or a copy of it, has been received, the date on which the collecting authority receives the last of the following documents—
  • (i) the building safety levy information in relation to the updated application;
  • (ii) the statements and evidence referred to regulation 14(5) or (6) of the 2010 Regulations, regulation 21(5) of the HRB Regulations or, as the case may be, paragraph 2(a) or (b) of the Annex to Form 2 in Schedule 1 to the RBCA Regulations.
  • (3) If the collecting authority considers that the information provided is not sufficient for the purposes of making a determination under regulation 37(2)(a) or (3)(a)
  • (a) the collecting authority may request further information from the named client for the purposes of making that determination, and
  • (b) the determination period 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.
  • (4) If the first compliant commencement notice referred to in paragraph (2)(a) or (b) is rejected under—
  • (a) regulation 16(3E) of the 2010 Regulations,
  • (b) regulation 9(4) or 17(4) of the HRB Regulations, or
  • (c) regulation 15(3) of the RBCA Regulations,

the determination period ends on the day which is 5 weeks after the day on which the collecting authority receives a new compliant commencement notice, or a copy of it, in relation to the application, and that notice is to be treated as if it were the first compliant commencement notice.

  • (5) If the review of the decision to reject the building control application under regulation 48(1) of the HRB Regulations does not uphold the decision to reject the application the determination period ends on the day which is 5 weeks after the day on which the collecting authority receives notice of the review decision.
  • (6) If the appeal against the rejection of the first compliant commencement notice referred to in paragraph (2)(a) or (b) or an application referred to in paragraph (2)(c) is allowed under—
  • (a) regulation 14B(2), 14B(5) and 14C(2) or 16(3I) of the 2010 Regulations,
  • (b) regulation 9(8), 17(8) or 49(2) of the HRB Regulations,
  • (c) regulation 15(7) of the RBCA Regulations, or
  • (d) section 55(2) of the 1984 Act,

the determination period ends on the day which is 5 weeks after the day on which the collecting authority receives notice of the appeal decision.

  • (7) If the application is selected for a levy information spot check under regulations 47 or 48
  • (a) the determination period for the application is the period of 8 weeks beginning with the receipt date, or where paragraph (5) or (6) applies the determination period for the application is the period of 8 weeks beginning with the day on which the collecting authority receives notice of the review decision or appeal decision,
  • (b) if the collecting authority requests further information in accordance with paragraph (3), the determination period for 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, or
  • (c) if the collecting authority requests further information in accordance with regulation 50(3), the determination period for 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 carry out the levy information spot check.
  • (9) If during the period provided for in paragraph (7)(c) a request for further information is made in accordance with paragraph (3) then the determination period in paragraph (7)(b) applies instead.
  • (10) In this regulation, “compliant commencement notice” means—
  • (a) in relation to a higher-risk building application or a pre-commencement updated application in relation to such an application, a commencement notice which includes the information referred to in regulations 9(3A) or 17(3A) of the HRB Regulations;
  • (b) in relation to an application for building control approval with full plans, a section 91ZB application or a pre-commencement updated application in relation to such an application, a commencement notice which includes the information referred to in regulation 16(3CA) of the 2010 Regulations;
  • (c) in relation to an initial notice or a pre-commencement updated application in relation to such a notice, a commencement notice which includes the information referred to in regulation 15(2A) of the RBCA Regulations.

“Levy liability notice”

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  • (1) A “levy liability notice” is a notice, in relation to a chargeable application, stating the levy liability amount.
  • (2) A levy liability notice must also specify—
  • (a) the building control application to which the notice relates,
  • (b) if ordinary residential dwellings would be provided as a result of the building work to which the application relates, the number of those dwellings,
  • (c) 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 sub-paragraphs (a) to (c) of regulation 8(1),
  • (d) 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,
  • (e) in relation to each of the relevant residential buildings to which the application relates—
  • (i) the amount of chargeable accommodation floorspace (as defined in regulation 17(2)),
  • (ii) the chargeable amount of communal floorspace (as defined in regulation 18(2)), and
  • (iii) the applicable area rate (as defined in regulation 20(2)), and
  • (f) the date on which the notice is given.
  • (3) If the levy liability notice relates to an updated application—
  • (a) 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, and
  • (b) the notice must also specify—
  • (i) the amount, if any, of the building safety levy paid in respect of—
  • (aa) the original application,
  • (bb) any other updated application in relation to the original application or any levy update application in relation to the original application, and
  • (ii) the amount of any payment made in relation to the building control application under regulations 65 and 66.
  • (4) Where the building control application referred to in paragraph (2)(a) relates to part of a relevant residential building the reference in paragraph (2)(e) to the relevant residential building is a reference to the part of the building to which the application relates.

“Notice of no charge”

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  • (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.

Part 8 — VARIATION OF BUILDING CONTROL APPLICATIONS

Chapter 1 — Meaning and effect of variation applications

Variation applications

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  • (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[^f00035];
  • (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.

Effect of a variation application

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  • (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[^f00036].
  • (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.

Cancellation and reinstatement of levy determination notices

43
  • (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.

Chapter 2 — Amendment of secondary legislation

Amendment of RBCA Regulations: information to be provided with amendment notices

44

In Schedule 1 to the RBCA Regulations, for Form 2, substitute the corresponding form in Schedule 5.

Amendment of HRB Regulations: information to be provided with change control applications

45
  • (1) Regulation 21 of the HRB Regulations is amended as follows[^f00037].
  • (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.

Part 9 — LEVY INFORMATION SPOT CHECKS AND LEVY UPDATES

Chapter 1 — “Levy information spot check”

“Levy information spot check”

46
  • (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[^f00038], regulations 9(3B) or 17(3B) of the HRB Regulations[^f00039] or regulation 15(2A) of the RBCA Regulations[^f00040],

  • (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[^f00041], regulation 21(5) of the HRB Regulations[^f00042] or paragraph 2(a) or (b) of the Annex to Form 2 in Schedule 1 to the RBCA Regulations[^f00043],
  • (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 for the building control application.
  • (3) In this regulation—
  • relevant period” means— the determination period under regulation 38(7) in relation to the building control application, or the period for determining a levy update application under regulation 53(10) 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).

Chapter 2 — Circumstances in which levy information spot checks are carried out

Requirement to carry out levy information spot checks: Category 1

47
  • (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[^f00044] or, as the case may be, regulation 21(2)(g) of the HRB Regulations[^f00045] 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.

Requirement to carry out levy information spot checks: Category 2

48
  • (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.

Chapter 3 — Process for carrying out levy information spot checks

Requirement to notify named client of levy information spot check

49
  • (1) This regulation applies where a collecting authority carries out a levy information spot check in relation to a building control application.
  • (2) The collecting authority must as soon as practicable, but within the relevant period (as defined in regulation 46(3)) for the building control application, 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 for the building control application, 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).

Further information and notice of outcome

50
  • (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.

Inaccurate building safety levy information

51
  • (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.
  • (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.

Chapter 4 — Levy update notices

Levy update notices

52
  • (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 the BSL 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 the BSL Regulations), a statement explaining that NP is the new named client and setting out the contact information for NP,
  • (e) evidence as to the matters described in sub-paragraphs (a) to (c).
  • (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.

Procedure and outcome for levy updates

53
  • (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 remains 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).
  • (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.
  • (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.

Request for revised levy determination

54
  • (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;
  • (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.
  • (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[^f00046] 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.

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