UK Offence Report

The Building (Local Authority Charges) Regulations 1998

UK Statutory Instrument 1998 No. 3129 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
14 December 1998
In force from
1 April 1999
Extent
Not stated
Subject
Housing, planning, heritage and land
Made under
Schedule 1 to, the Building Act 1984

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These regulations authorise local authorities to fix and recover charges for the performance of their building regulations control functions according to a scheme governed by principles laid down in the regulations. The regulations make each local authority responsible for setting their own building regulations charges for the five functions prescribed; and for doing so within the accounting and administrative requirements laid down in the regulations. The regulations revoke the Building (Prescribed Fees) Regulations 1994 (“the 1994 Regulations”). Regulation 2 contains definitions. Differences from the 1994 Regulations include the following: “carport” is now defined; the definition of “small domestic building” now incorporates connected drainage building work and an increased total floor area of a dwelling of 300m2; and the definition of “building work” ensures that work such as underpinning, installation of insulation material in cavity walls, and the installation of unvented hot water systems comes within the provisions of these regulations. Regulation 3 provides the authority for a local authority to fix their charges by means of a scheme and recover those charges in respect of the five building regulations control functions defined in Regulation 4. Regulation 4 sets out the five charges which may be made for the five different control functions of the Building Regulations and prescribes the mathematical relationship which must apply between them. Regulation 5 prescribes the principles of the scheme in respect of the income to be derived by a local authority from the charges it fixes. The basic principle, subject to an exception in regulation 5(2), is that the income derived over any 3 year period shall not be less than the costs directly or indirectly incurred. The Regulation also prescribes the method for estimating any of the costs and requires the preparation of a statement setting out the scheme and matters relating to it. Regulation 5(3) excludes the costs from the provision of this regulation in respect of functions carried out on building work solely for disabled persons. Regulation 6 prescribes the main principle on which the charges are to be determined and fixed in the scheme: that, with the exception of certain types of residential building work prescribed in Regulation 7, charges shall be related to the estimated cost of the building work. Regulation 6(2) provides additionally that the use and type of building work involved are to be taken into account when fixing the charges. Regulation 6(3) prescribes a discretion not to charge for the inspection function where the estimated cost of work falls below £5,000. Regulations 6(4) and 6(5) contain special provisions relating to the installation of cavity fill insulation and unvented hot water systems. Regulation 6(6) continues the principle of the 1994 Regulations that charges relating to small domestic buildings and domestic garages, carports and extensions are to be based on floor area. Regulation 7 provides for determining charges for the erection of one or more small domestic buildings and the erection of certain garages, carports or extensions. Where more than one extension is involved, the floor areas must be aggregated and charged according to floor area up to a limit of 60m2. Regulation 8 provides a discretion for a local authority to fix reductions to their charges in their scheme in two circumstances. The first is where building work contained in one application or building notice is in respect of two or more buildings or building works which are substantially the same. The second is in respect of an application or building notice in respect of building work which is substantially the same as that previously approved or previously inspected by the same local authority and where the owner of the plans or the person giving the notice is the same. Regulation 9 provides that no charges shall be fixed or charged in respect of certain specified building work solely required for the purposes of disabled persons. Regulation 10 deals with payment. It provides the point at which the five different charges are payable, together with any VAT; for any charges to be paid by instalments by agreement; for refunds in certain circumstances; and whom will be responsible for payment of the different types of charge. Regulation 11 relates to the submission of estimates in respect of the depositing of plans, or the giving of a notice, or the reverting of building work to the local authority. Regulation 12 requires a local authority to publish its scheme within the local authority area within 7 days of making, amending or revoking it, and to provide details including the date it is to come into effect and where it can be inspected. The Regulation also requires that the scheme should be kept up-to-date and available for inspection by any member of the public free of charge. Regulation 13 prevents contravention of any of the regulations from being an offence under the Building Act 1984. Regulation 14 contains transitional provisions. Regulation 15 prescribes fees payable to the Secretary of State where questions are referred to him for a determination under sections 16 and 50 of the Building Act 1984. Because these Regulations do not impose new or additional types of charges, a Regulatory Impact Assessment has not been prepared.

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