# The Building (Local Authority Charges) Regulations 2010, Regulation 5: Principles of charging scheme: chargeable functions and advice

Extent: E+W

(1) A local authority are authorised, by means of a charging scheme, to make a charge for or in connection with each of the following functions carried out by them—
(a) in relation to Wales,—
(i) the passing or rejection of plans which have been deposited with the local authority, under section 16 of the Act, before 1 July 2026, or
(ii) the granting or rejection of an application for building control approval in relation to proposed building work in Wales made to the local authority under the Principal Regulations, or
(iii) the granting or rejection of an application made to the local authority under regulation 4 or 12 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025,
(a “plan charge”);
the passing or rejection of plans of proposed building work which have been deposited with the local authority, in accordance with section 16 of the Act (a “plan charge”);
(aa) in relation to England—
(i) the passing or rejection of plans which have been deposited with the local authority, in accordance with section 16 of the Act, before 1st October 2023, or
(ii) the granting or rejection of an application for building control approval in relation to proposed building work in England made to the local authority in accordance with the Principal Regulations,
(“a plan charge”);
(b) in relation to Wales, the inspection of building work for which—
(i) plans have been deposited with the local authority, under section 16 of the Act, before 1 July 2026, or
(ii) an application for building control approval has been granted under the Principal Regulations, or
(iii) an application has been granted under regulation 7 or 15 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025,
(an “inspection charge”);
the inspection of building work for which plans have been deposited in accordance with the Principal Regulations and with section 16 of the Act (an “inspection charge”);
(ba) in relation to England, the inspection of building work for which—
(i) plans have been deposited with the local authority, in accordance with section 16 of the Act, before 1st October 2023, or
(ii) an application for building control approval has been granted in accordance with the Principal Regulations,
(“an inspection charge”);
(c) the consideration of a building notice which has been given to the local authority in accordance with the Principal Regulations (a “building notice charge”);
(d) in relation to Wales, the consideration of building work reverting to local authority control under the RBCA (Wales) Regulations (a “reversion charge”);
(da) in relation to England, the consideration of building work reverting to local authority control under the RBCA Regulations (a “reversion charge”); and
(e) the consideration of an application under regulation 18 of the Principal Regulations and the inspection of any building work to which that application relates (a “regularisation charge”).
(ea) the consideration of an application under regulation 46 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 and the inspection of any building work to which that application relates (a “higher-risk building regularisation charge”);
(f) in relation to Wales, the actions taken under the following regulations of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025—
(i) regulations 20 to 25 (a “controlled change charge”);
(ii) regulations 39 to 43 (a “completion certificate charge”);
(iii) regulation 44 (a “partial completion certificate charge”).
(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; but no charge may be made for the first hour of time spent by an officer of the authority in providing chargeable advice.

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Source: https://www.legislation.gov.uk/uksi/2010/404/regulation/5 (the official version)
Page: https://openlegislation.uk/building-local-authority-charges-regulations-2010/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.