Regulation 46 “Levy information spot check”I1

England and Wales

(1)

A “levy information spot check” means an assessment as to the accuracy of a set of levy information in relation to a building control application, by reference to—

(a)

any of the following—

(i)

if the application is—

(aa)

a building control application which is not an updated application, or

(bb)

a pre-commencement updated application in relation to the original application,

the evidence provided under regulation 16(3CA) of the 2010 Regulations^f1, regulations 9(3B) or 17(3B) of the HRB Regulations^f2 or regulation 15(2A) of the RBCA Regulations^f3,

(ii)

if the application is an updated application which is made after the first compliant commencement notice was given in relation to the original application, the evidence provided under regulation 14(5) or (6) of the 2010 Regulations^f4, regulation 21(5) of the HRB Regulations^f5 or paragraph 2(a) or (b) of the Annex to Form 2 in Schedule 1 to the RBCA Regulations^f6,

(iii)

if a levy update notice is received in relation to the application, the evidence provided with the levy update notice,

(b)

the planning permission, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development in relation to which the building work to which the application relates is to be carried out, and

(c)

such other information as is reasonably available to the collecting authority.

(2)

A levy information spot check, in relation to a building control application, may only be carried out during the relevant period F1....

(3)

In this regulation—

F2“relevant period” means—
1. (a)
  in the case where a levy update notice in relation to the building control application is selected for a levy information spot check under regulation 47 or 48, the period under regulation 53(10) to (12) for determining the levy update application;
2. (b)
  in all other cases, the determination period under regulation 38(7) to (9) in relation to the building control application;
“set of levy information” means—
1. (a)
  a set of Category 1 levy information, as defined in regulation 47(3), or
2. (b)
  a set of Category 2 levy information, as defined in regulation 48(3).

Annotations

Textual amendments

F1: Words in reg. 46(2) omitted (1.10.2026) by virtue of The Building Safety Levy (Amendment) (England) Regulations 2026 (S.I. 2026/1034), regs. 1(2), 5(1)(a)
F2: Words in reg. 46(3) substituted (1.10.2026) by The Building Safety Levy (Amendment) (England) Regulations 2026 (S.I. 2026/1034), regs. 1(2), 5(1)(b)

Commencement

I1: Reg. 46 in force at 1.10.2026, see reg. 1(2)

Footnotes

f1: Regulation 16(3CA) is inserted into the 2010 Regulations by regulation 28 of this instrument.
f2: Regulations 9(3A) and 17(3A) are inserted into the HRB Regulations by regulation 30 of this instrument.
f3: Regulation 15(2A) is inserted into the RBCA Regulations by regulation 29 of this instrument.
f4: Regulation 14(5) and (6) were inserted into the 2010 Regulations by regulation 26 of this instrument.
f5: Regulation 21(3) and (4) were inserted into the HRB Regulations by regulation 45 of this instrument.
f6: Form 2 was substituted in Schedule 1 to the RBCA Regulations by regulation 44 of this instrument.