Building (Local Authority Charges) Regulations 1998

JurisdictionUK Non-devolved
CitationSI 1998/3129
Year1998

1998 No. 3129

BUILDING AND BUILDINGS

The Building (Local Authority Charges) Regulations 1998

Made 14th December 1998

Laid before Parliament 15th December 1998

Coming into force 1st April 1999

The Secretary of State in exercise of the powers conferred on him by sections 1, 16(10), 35 and 50(3) of, and paragraphs 9 and 10(c) of Schedule 1 to, the Building Act 19841, and of all other powers enabling him in that behalf, hereby makes the following Regulations:–

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Building (Local Authority Charges) Regulations 1998 and shall come into force on 1st April 1999.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the Act” means the Building Act 1984;

“the Approved Inspectors Regulations” means the Building (Approved Inspectors etc.) Regulations 19852;

“building” has the meaning it has in the Principal Regulations;

“building notice” has the meaning it has in the Principal Regulations;

“building work” has the meaning it has in the Principal Regulations;

“carport” means a building forming a shelter for a vehicle, open on at least two sides;

“cost” does not include any professional fees paid to an architect, quantity surveyor or any other person;

“dwelling” has the meaning it has in the Principal Regulations;

“estimate” in relation to the cost of carrying out building work, means an estimate, accepted by the local authority, of such reasonable amount as would be charged for the carrying out of that building work by a person in business to carry out such building work (excluding the amount of any value added tax chargeable), and references to “estimated cost” shall be construed accordingly;

“extension” means an extension which has no more than three storeys, each basement level (if any) counting as one storey;

“the Principal Regulations” means the Building Regulations 19913;

“small domestic building” means a building (including connected drainage work within the curtilage of that building)–

(a) which is used or intended to be used wholly for the purposes of one or more dwellings, none of which has a floor area exceeding 300m2, excluding any garage or carport;

(b) the whole of which is–

(i) shown on plans deposited for the purposes of section 16 of the Act,

(ii) shown on plans accompanying a building notice, or

(iii) shown on plans given to a local authority in accordance with regulation 18 of the Approved Inspectors Regulations;

(c) which has no more than three storeys, each basement level being counted as one storey,

including such a building which incorporates an integral garage or to which is attached a garage or carport or both which shares one or more walls with that building.

(2) In these Regulations–

(a)

(a) the floor area of–

(i) any storey of a dwelling or extension; or

(ii) a garage or carport,

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)

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

(c)

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

S-3 Authority to fix and recover charges

Authority to fix and recover charges

3.—(1) A local authority are authorised, subject to and in accordance with these Regulations, to fix by means of a scheme (in these Regulations called a “scheme”) and to recover such charges as they may determine for or in connection with the performance of the functions of theirs relating to building regulations, as provided by these Regulations.

(2) A local authority are authorised, subject to and in accordance with these Regulations, to amend, revoke or replace any scheme which has been made by them in accordance with paragraph (1).

S-4 Principles of the scheme in respect of general charges

Principles of the scheme in respect of general charges

4.—(1) A local authority are authorised, within a scheme, to make–

(a)

(a) a charge (in these Regulations called “a plan charge”) for or in connection with the passing or rejection by the local authority of plans of proposed building work deposited with them in accordance with section 16 of the Act;

(b)

(b) a charge (in these Regulations called “an inspection charge”) for or in connection with the inspection of building work for which plans have been deposited in accordance with the Principal Regulations and with section 16 of the Act;

(c)

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

(d)

(d) a charge (in these Regulations called “a reversion charge”) for or in connection with the consideration of building work reverting to local authority control;

(e)

(e) a charge (in these Regulations called “a regularisation charge”) for or in connection with the consideration of an application under regulation 13A of the Principal Regulations and the inspection of any building work to which that application relates.

(2) The sum of the plan charge and the inspection charge shall be equal to the building notice charge.

(3) The reversion charge shall be equal to the building notice charge.

(4) The regularisation charge shall be 20% greater than the building notice charge.

(5) This regulation is subject to the provisions of regulation 8.

S-5 Principles of the scheme in respect of income from the charges

Principles of the scheme in respect of income from the charges

5.—(1) Subject to paragraph (2) below, the amount of the charges determined within a scheme by a local authority in accordance with these Regulations shall be such that the income to be derived, or which it is reasonably expected will be derived, from them during the relevant period shall be not less than the costs directly or indirectly incurred as determined in accordance with proper accounting practices, as defined by section 66(4) and (5) of the Local Government and Housing Act 19894, by that authority in performing their functions under the Principal Regulations during that period (the “proper costs”).

(2) Where the proper costs for building regulations control functions for a local authority do not exceed £450,000 for the relevant period, or where at least 65% of all charges received by it over the relevant period relate to charges arising under Regulation 7 (excluding charges arising under regulation 7(1)(a)), the income derived may be less than the income referred to in paragraph (1) above, but shall not be less than 90% of the costs to the local authority of performing their functions under the Principal Regulations.

(3) In calculating the amount of the proper costs, a local authority shall not include in the sum of those costs any costs which they incur as a result of the performance of their functions relating to building regulations which relate to building work required solely for disabled persons as defined by regulation 9 of these Regulations.

(4) Before determining the amount of any charge mentioned in paragraph (1) above, a local authority shall on the best information estimate a reasonable amount which represents the aggregate of the proper costs during the relevant period.

(5) In this regulation, the “relevant period” means a continuous period of 3 years commencing with the date on which a scheme comes into force (whether or not it is replaced by a further scheme during that period) in which the local authority fixes the amount of the charges mentioned in paragraph (1) above.

(6) A local authority shall, at the end of the financial year within which the local authority makes a scheme and immediately after the end of each successive financial year, prepare a statement which shall set out fully the scheme made by it and the amount of the income and proper costs.

S-6 Principles of the scheme for establishing the basis on which charges shall be made

Principles of the scheme for establishing the basis on which charges shall be made

6.—(1) A local authority shall determine within a scheme the charges referred to in regulation 4 by relating each charge to the estimated cost of the building work and to the matters referred to in paragraph (2) below.

(2) The matters referred to in paragraph (1) above are either or both of–

(a)

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

(b)

(b) whether the building work is in respect of the construction of a new building, or an alteration or extension to an existing building.

(3) Where the estimated cost of the building work is below £5,000, a local authority may determine that an inspection charge shall not be payable.

(4) Where building work comprises–

(a)

(a) the installation of cavity fill insulation in accordance with Part D of Schedule 1 to the Principal Regulations where the installation is not certified to an approved standard, or is not installed by an approved installer or is not a part of a larger project comprising other building work, or

(b)

(b) the installation of an unvented hot water system in accordance with Part G of Schedule 1 to the Principal Regulations where the installation is not part of a larger project comprising other building work, a local authority are authorised to fix their charges by reference to the estimated cost of the building work only, and are not authorised to make a plan charge in respect of such building work.

(5) Where building work comprises–

(a)

(a) the installation of cavity fill insulation in accordance with Part D of Schedule 1 to the Principal Regulations where the installation is certified to an approved standard, or is installed by an approved installer or is part of a larger project comprising...

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