# The Building Safety (Regulator’s Charges) Regulations 2023, Regulation 12: Exception for building work solely required for disabled persons


(1) Subject to paragraph (2), in relation to an existing dwelling which is, or is to be, occupied by a disabled person as a permanent residence, the regulator must not recover any charges for building work that is solely—
(a) for the purpose of providing means of access for the disabled person to or from the dwelling or any part of it; or
(b) for the purpose of providing accommodation or facilities designed to secure the greater health, safety, welfare or convenience of the disabled person.
(2) Building work does not fall within paragraph (1)(b) unless the regulator is satisfied that the work consists of—
(a) the adaptation or extension of existing accommodation or an existing facility or the provision of alternative accommodation or an alternative facility where the existing accommodation or facility could not be used by the disabled person or could be used by the disabled person only with assistance; or
(b) the provision or extension of a room which is or will be used solely—
(i) to provide medical treatment to the disabled person that cannot reasonably be carried out in any other room in the dwelling; or
(ii) to store medical equipment for the use of the disabled person; or
(iii) to provide sleeping accommodation for a carer where the disabled person requires 24-hour care.
(3) In relation to an existing building to which members of the public are admitted the regulator must not recover charges for building work that is solely—
(a) for the purpose of providing means of access for disabled persons to or from the building or any part of it; or
(b) for the provision of facilities designed to secure the greater health, safety, welfare or convenience of disabled persons.
(4) In this regulation—
“building”—
(a) where a chargeable function is performed in relation to the construction of a higher-risk building, has the meaning given in regulation 4 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;
(b) in any other case, has the meaning given in regulation 2 of the Building Regulations 2010;
“building work” means any higher-risk building work or work for which the regulator is the building control authority pursuant to a regulator’s notice;
“disabled person” means a person who has a disability within the meaning given by section 6 of the Equality Act 2010;
“dwelling” includes a dwelling-house and a flat, and “dwelling-house” and “flat” have the same meanings as in the Building Regulations 2010.

---
Source: https://www.legislation.gov.uk/uksi/2023/965/regulation/12 (the official version)
Page: https://openlegislation.uk/building-safety-regulators-charges-regulations-2023/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.