Building (Prescribed Fees) Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/2020 |
| Year | 1994 |
1994 No. 2020
BUILDING AND BUILDINGS
The Building (Prescribed Fees) Regulations 1994
Made 1st August 1994
Laid before Parliament 3rd August 1994
Coming into force 1st October 1994
The Secretary of State, in exercise of the powers conferred by sections 1, 16(10), 34, 35, 50(3) of, and paragraphs 1(b), 5 and 10(c) of Schedule 1 to, the Building Act 19841, and of all other powers in that behalf, hereby makes the following Regulations:—
PART I:
GENERAL
Citation and commencement
1. These Regulations may be cited as the Building (Prescribed Fees) Regulations 1994 and shall come into force on 1st October 1994.
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 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;
“estimate”, in relation to the cost of carrying out work, means an estimate, accepted by the local authority, of such reasonable amount as would be charged for the carrying out of that work by a person in business to carry out such work, and references to “estimated cost” shall be construed accordingly;
“exempt building” means a building specified in Classes I to VI of Schedule 2 to the Principal Regulations;
“inspection fee” has the meaning given in regulation 4(b);
“plan fee” has the meaning given in regulation 4(a);
“the Principal Regulations” means the Building Regulations 19913;
“regularisation fee” has the meaning given in regulation 4(e);
“reversion fee” has the meaning given in regulation 4(d);
“small domestic building” means a building used or intended to be used wholly for the purposes of one or more private dwelling-houses or flats, none of which has a total floor area exceeding 250 square metres, the whole of which building is—
(a) shown on plans deposited for the purposes of section 16 of the Act; or
(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 has more than three storeys, each basement level being counted as one storey;
“work” means—
(a) the erection or extension of a building,
(b) the alteration of a building,
(c) 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 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)
(a) the total floor area of a dwelling is the total of the floor areas of all the storeys in it, excluding the floor area of any integral garage or carport; and
(b)
(b) the total floor area of an extension of a dwelling is the total of the floor areas of all the storeys in the extension; and
(c)
(c) 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.
(3) In these Regulations, unless the context otherwise requires—
(a)
(a) any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations which bears that number; and
(b)
(b) any reference in a regulation or a Schedule to a numbered paragraph is a reference to the paragraph which bears that number in that regulation or Schedule.
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;
(d) the consideration of plans of work reverting to local authority control, and the inspection of that work; and
(e) the consideration of an application under regulation 13A of the Principal Regulations (regularisation function).
Authority to charge fees
4. Subject to regulations 6 to 10, a local authority are authorised to charge—
(a) a fee (in these Regulations called “a plan fee”) for or in connection with the performance by them of the function prescribed by regulation 3(a); and
(b) a fee (in these Regulations called “an inspection fee”) for or in connection with the function prescribed by regulation 3(b);
(c) a fee (in these Regulations called “a building notice fee”) for or in connection with the function prescribed by regulation 3(c);
(d) a fee (in these Regulations called “a reversion fee”) for or in connection with the function prescribed by regulation 3(d); and
(e) a fee (in these Regulations called “a regularisation fee”) for or in connection with the function prescribed by regulation 3(e).
Amount of fees
5.—(1) Subject to regulation 6—
(a)
(a) Schedule 1 shall have effect to determine the amount of fees payable in the case of the erection of one or more small domestic buildings and certain connected work specified in that Schedule;
(b)
(b) Schedule 2 shall have effect to determine the amount of fees payable in the case of the erection of certain garages, carports, alterations, extensions and minor works specified in that Schedule;
(c)
(c) Schedule 3 shall have effect to determine the amount of fees payable in any case other than one mentioned in sub-paragraph (a) or (b) above.
(2) The reversion fee payable 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 the Principal Regulations at the time the reversion fee is payable in accordance with regulation 12(6) of these Regulations.
Plan fees where an approved person certifies certain work
6. Where deposited plans are accompanied by a certificate complying with section 16(9) of the Act, the plan fee payable in respect of those plans shall be reduced—
(a) in the case of a certificate relating to compliance with Part A (structure) of Schedule 1 to the Principal Regulations, by 15 per cent.,
(b) in the case of a certificate relating to compliance with Part L (conservation of fuel and power) of that Schedule, by 5 per cent.
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 whole of the work in question consists of an alteration and—
(a)
(a) is solely for the purpose of providing means of access to enable disabled persons to get into an existing building and to any part of it, or of providing facilities designed to secure the greater health, safety, welfare or convenience of such persons; and
(b)
(b) is to be, or has been, carried out in relation to—
(i) an existing building to which members of the public are admitted (whether on payment or otherwise); or
(ii) an existing dwelling which is, or is to be, occupied by a disabled person.
(2) A local authority may not charge any fee for work which consists solely of the provision or extension of a room in a dwelling, where they are satisfied—
(a)
(a) that the sole use of the room is or will be—
(i) for the carrying out of medical treatment of a disabled person which cannot reasonably be carried out in any other room in the dwelling, or
(ii) for the storage of medical equipment for the use of a disabled person, or
(b)
(b) the work is to provide or adapt a necessary facility already existing within the dwelling which is incapable of being used, or used without assistance, by the disabled person.
(3) In this regulation “disabled person” means a person who is within any of the descriptions of persons to whom section 29(1) of the National Assistance Act 19484applied, as that section was extended by virtue of section 8(2) of the Mental Health Act 19595, but not taking into account amendments made to that section 29(1) by paragraph 11 of Schedule 13 to the Children Act 19896.
Exemption from plan fee for works in connection with the erection of small domestic buildings
9.—(1) Subject to paragraph (3), where—
(a)
(a) plans are or have been deposited for the erection of a small domestic building, and
(b)
(b) a plan fee is payable or...
To continue reading
Request your trial