Regulation 10 Principles of the scheme as to the payment and refunding of charges
A scheme made under these Regulations shall provide that–
any plan charge shall be payable when plans of the building work are deposited with the authority;
any inspection charge shall be payable on demand made after the authority carry out the first inspection in respect of which the charge is payable;
any building notice charge shall be payable when the building notice is given to the authority;
any reversion charge shall be payable for building work in relation to a building–
which has been substantially completed before plans are first deposited with the authority in accordance with regulation 18(2)(a)(i) of the Approved Inspectors Regulations, or
in respect of which plans for further building work have been deposited with the authority in accordance with regulation 18(3) of the Approved Inspectors Regulationsf1
on the first occasion on which those plans have been deposited;
any regularisation charge shall be payable at the time of the application to the authority in accordance with regulation 13Af2 of the Principal Regulations;
any charge which is payable to the authority shall be paid together with an amount equal to any value added tax payable in respect of that charge;
notwithstanding sub-paragraphs (a) to (e), part of any charge which is payable to the authority may, in a particular case, and with the agreement of the authority be paid by instalments of such amounts payable on such dates as may be specified by the authority;
where a plan charge has been paid and not refunded, the authority may, in any case they consider reasonable, decide not to make a further plan charge in respect of plans subsequently deposited for substantially the same building work;
where for any reason an authority do not give notice of passing or rejection of plans within the period required by section 16 of the Act, they shall refund any plan charge paid;
any plan charge, inspection charge, reversion charge, or building notice charge is to be payable by the person who carries out the building work, or on whose behalf the building work is carried out, and any regularisation charge is to be payable by the owner of the building.
Plans which are deposited otherwise than in accordance with a requirement imposed under paragraph (1)(a) or an agreement under paragraph (1)(g) are not deposited in accordance with building regulations for the purposes of section 16 of the Act; and a building notice given otherwise than in accordance with a requirement imposed under paragraph (1)(c) or an agreement under paragraph (1)(g) is not validly given for the purposes of the Principal Regulations.
Annotations
Footnotes
- f1
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S.I. 1985/1066, to which there are amendments made by S.I. 1987/792, 1989/1119, 1992/740, 1995/1387 and 1996/1096.
- f2
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S.I. 1994/1850 regulation 2.