Regulation 4 Chargeable functions

(1)

Each of the following is a chargeable function—

(a)

the granting or rejection of an application for building control approval^f1 in relation to proposed building work made to the local authority in accordance with the Principal Regulations;

(b)

the inspection of—

(i)

a site in relation to building work for which an application for building control approval has been made in accordance with the Principal Regulations (whether determined or not);

(ii)

building work for which an application for building control approval has been granted in accordance with the Principal Regulations;

(c)

the consideration of a building notice which has been given to the local authority in accordance with the Principal Regulations and the inspection of any building work to which that notice relates;

(d)

the accepting or rejecting of—

(i)

an initial notice^f2,

(ii)

an amendment notice^f3,

(iii)

a plans certificate^f4,

(iv)

a final certificate^f5,

(v)

a relevant transfer certificate and a transfer report,

which has been given to the local authority in accordance with the RBCA Regulations;

(e)

the consideration of building work reverting to local authority control under the RBCA Regulations;

(f)

the consideration of an application under regulation 18 of the Principal Regulations and the inspection of any building work to which that application relates;

(g)

the consideration of an application under section 8 of the 1984 Act;

(h)

any action taken by the local authority under section 19(2), (3) or (5)(a) of the 1984 Act;

(i)

any action taken by the authority under section 22(1) or (3) of the 1984 Act;

(j)

any action taken by the authority under section 25(3) of the 1984 Act;

(k)

the exercise by the authority of their powers under section 33(1), (2) or (4) of the 1984 Act;

(l)

the exercise by the authority of their powers under section 51C, 52, 52A, 53, 53A (including consideration of a completion notice under regulation 22A of the RBCA Regulations), 53B or 53D of the 1984 Act;

(m)

any action taken by the authority under section 59, 60, 64, 65, 66 or 68 of the 1984 Act;

(n)

any action taken by the authority under section 70, 72, 73 or 74 of the 1984 Act;

(o)

the exercise by the authority of their powers under section 76, 79, 80 or 81 of the 1984 Act;

(p)

the exercise by the authority of their powers in relation to seeking an order under section 77 of the 1984 Act;

(q)

any action taken by the authority under section 84 or 85 of the 1984 Act;

(r)

the exercise by an authorised officer of the powers conferred by section 95 of the 1984 Act;

(s)

any action taken by the local authority with a view to or in connection with—

(i)

securing compliance with a requirement imposed by the Principal Regulations or the 1984 Act, or

(ii)

the imposition of a sanction in respect of a contravention of a requirement imposed by the Principal Regulations or the 1984 Act;

(t)

the conduct of an appeal against a decision or action of a local authority under the 1984 Act or regulations made under that Act;

(u)

any action taken in order to respond to an appeal against a decision of the local authority.

(2)

A local authority are authorised by means of a charging scheme, to make a charge in relation to a request for advice as regards any particular case (in these Regulations called “chargeable advice”) where such a charge is made in anticipation of the future exercise of their chargeable functions in relation to that case and the person requesting that advice must pay those charges.

(3)

In this regulation, a relevant transfer certificate and a transfer report means a transfer certificate and a transfer report given in accordance with section 53B of the 1984 Act and considered under section 53C of that Act^f6.

Annotations

Footnotes

f1: For the definition of “building control approval” see paragraph 1B of Schedule 1 to the Building Act 1984. Paragraph 1B inserted by section 33 of the Building Safety Act 2022 (c. 30).
f2: For the definition of “initial notice” see section 47 of the Building Act 1984.
f3: For the definition of “amendment notice” see section 51A of the Building Act 1984.
f4: For the definition of “plans certificate” see section 50 of the Building Act 1984.
f5: For the definition of “final certificate” see section 51 of the Building Act 1984.
f6: 1984 c. 55. Sections 53B and 53C were inserted by section 51 of the Building Safety Act 2022 (c. 30).