Building (Prescribed Fees etc.) Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/1576 |
1985 No. 1576
BUILDING AND BUILDINGS
The Building (Prescribed Fees etc.) Regulations 198515thOctober 1985
18thOctober 1985
11thNovember 1985
The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 1, 3, 16(10), 34, 35 and 50(3) of, and paragraphs 2, 5 and 10(c) of Schedule 1 to, the Building Act 1984(a), and of all other powers enabling him in that behalf, hereby makes the following regulations:—
PART I: GENERAL
Title, commencement and application
1.— (1) These regulations may be cited as the Building (Prescribed Fees etc.) Regulations 1985 and shall come into operation on 11th November 1985.
(2) These regulations shall not apply in inner London.
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 1985(b);
"building" has the meaning it has in the principal regulations and includes a proposed building;
"building notice" has the meaning it has in the principal regulations;
"building notice fee" has the meaning given in regulation 4(c);
"cost" does not include any professional fees paid to an architect, quantity surveyor or any other person;
"deposited plans" means plans deposited with the local authority in accordance with regulation 13 of the principal regulations;
"dwelling" includes a proposed dwelling;
(a) 1984 c. 55.
(b) S.I. 1985/1066.
"exempt building" means a building to which regulation 9(a) of the principal regulations applies;
"inspection fee" has the meaning given in regulation 4(b);
"material alteration" has the meaning it has for the purposes of the principal regulations;
"multiple work" means all work to or in connection with two or more buildings for all of which—
(a) a building notice is or has been given on the same occasion by or on behalf of the person by whom or on whose behalf the work is to be carried out and in respect of which all the buildings are shown in each plan required under regulation 12(2) of the principal regulations;
(b) plans are or have been, for the purposes of section 16 of the Act, deposited on the same occasion by or on behalf of the person by whom or on whose behalf all the work is to be carried out and in respect of which all the buildings are shown in each plan required under regulation 13(3) and so deposited; or
(c) plans are or have been given to the local authority in accordance with regulation 18 of the Approved Inspectors regulations.
"multiple work scheme" means a scheme for the carrying out of multiple work;
"plan fee" has the meaning given in regulation 4(a);
"the principal regulations" means the Building Regulations 1985(a);
"reversion fee" has the meaning given in regulation 4(d);
"small domestic building" means a building used or intended to be used for the purposes of one or more private dwelling-houses the whole of which building is—
(a) shown on plans deposited for the purposes of section 16 of the Act;
(b) shown on plans accompanying a building notice; or
(c) shown on plans given to the local authority in accordance with regulation 18 of the Approved Inspectors regulations;
but does not include a building which consists of flats or maisonettes or both and which has more than three storeys (including any basement as defined in regulation 2(1) of the principal regulations);
"work" means—
(a) the erection or extension of a building,
(b) the material alteration of a building other than the insertion of insulating material into a cavity wall,
(c) the execution of works, or
(d) the installation of a service or fitting;
"work reverting to local authority control" means any work in relation to a building in respect of which plans are required by the local authority in
(a) S.I. 1985/1065.
accordance with regulation 18(2)(a)(i) of the Approved Inspectors regulations, and—
(a) which has been substantially completed; or
(b) in relation to which plans for further work are given to the local authority in accordance with regulation 18(3) of the Approved Inspectors regulations.
(2) In these regulations—
(a) the total floor area of a dwelling or extension is the total of the floor areas of all the storeys in it; and
(b) 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.
PART II: FEES CHARGED BY LOCAL AUTHORITIES
Prescribed functions
3. The prescribed functions in relation to which local authorities are authorised to charge fees are the following functions—
(a) the passing or rejection by the local authority, in accordance with section 16 of the Act, of plans of proposed work deposited with them (including plans of work proposed to be carried out by or on behalf of the authority);
(b) the inspection in connection with the principal regulations of work for which such plans have been deposited;
(c) the inspection in connection with the principal regulations of work for which a building notice has been given to the local authority; and
(d) the consideration of plans of work reverting to local authority control, and the inspection of that work.
Authority to charge fees
4. Subject to regulations 7 to 11, a local authority are authorised to charge—
(a) a fee (called in these regulations "a plan fee") for or in connection with the performance by them of the function prescribed by regulation 3(a); and
(b) a fee (called in these regulations "an inspection fee") for or in connection with the function prescribed by regulation 3(b);
(c) a fee (called in these regulations "a building notice fee") for or in connection with the function prescribed by regulation 3(c); and
(d) a fee (called in these regulations "a reversion fee") for or in connection with the function prescribed by regulation 3(d).
Amount of plan fee, building notice fee and inspection fee
5.— (1) Schedule 1 shall have effect to determine the amount of fees payable in the case of the erection of a small domestic building and connected work.
(2) Schedule 2 shall have effect to determine the amount of fees payable in the case of the erection of certain garages, carports, alterations and extensions specified in that Schedule.
(3) Schedule 3 shall have effect to determine the amount of fees payable in any case other than one mentioned in paragraph (1) or (2).
Amount of fee for work reverting to local authority control
6. The reversion fee for work reverting to local authority control is the amount of the building notice fee which would have been payable under these regulations if a building notice in relation to that work was given in accordance with regulation 12 of the principal regulations at the time the reversion fee is payable.
Exemption from plan fee
7. Where a plan fee has been paid and not refunded, a local authority may not charge a further plan fee in respect of plans subsequently deposited for substantially the same work.
Exemption in relation to work for disabled people
8.— (1) A local authority may not charge any fee where they are satisfied that the work in question—
(a) is solely for the purpose of providing means of access to enable disabled persons to get into a building and to any part of it, or of providing facilities designed to secure their greater health, safety, welfare or convenience, and
(b) is to be, or has been, carried out in relation to—
(i) a building to which members of the public are admitted (whether on payment or otherwise), or
(ii) a dwelling which is, or is to be, occupied by a disabled person.
(2) In this regulation, "disabled person" means a person who is within any of the descriptions of persons to whom section 29 of the National Assistance Act 1948(a) applies.
Exemption from plan fee in relation to small domestic buildings
9.— (1) Subject to paragraph (3), where—
(a) plans are or have been deposited for the erection of a small domestic building; and
(a) 1948 c.29.
(b) a plan fee is payable or has been paid in respect of those plans,
a local authority may not charge a plan fee in respect of plans deposited on the same occasion or later for—
(i) the execution of works or the installation of services or fittings in connection with the erection of that building; or
(ii) the erection, in connection with the erection of that building, of a building consisting of a garage or carport or both.
(2) Subject to paragraph (3), where—
(a) plans have been deposited for the execution of works of drainage in connection with the erection of a small domestic building; and
(b) a plan fee has been paid in respect of those plans,
a local authority may not charge a plan fee in respect of plans deposited later for—
(i) the erection of that small domestic building; or
(ii) the execution of works or the installation of services or fittings in connection with the erection of that building; or
(iii) the erection, in...
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