Regulation 3 Chargeable functions

(1)

The regulator may recover charges for or in connection with the performance of a chargeable function.

(2)

Each of the following functions is a chargeable function—

(a)

the determination of an application for building control approval^f1;

(b)

the determination of an application under section 8(3A) of the 1984 Act^f2;

(c)

any action taken by the regulator under subsections (2), (3) or (5)(a) of section 19 of the 1984 Act^f3;

(d)

any action taken by the regulator under subsections (1) or (3) of section 22 of the 1984 Act^f4;

(e)

any action taken by the regulator under section 25(3) of the 1984 Act^f5;

(f)

the exercise by the regulator of its powers under—

(i)

subsections (1) and (2) of section 33 of the 1984 Act^f6;

(ii)

section 33(4) of the 1984 Act; or

(iii)

regulation 46 of the HRB Regulations or any other regulations made under paragraph 1G of Schedule 1 to the 1984 Act^f7;

(g)

any action taken by the regulator in relation to a notification under regulation 18(3) of the HRB Regulations;

(h)

in relation to a change control application—

(i)

any notification given by the regulator under regulation 22 of the HRB Regulations;

(ii)

the consultation of a person under regulation 23 of the HRB Regulations; or

(iii)

the determination of a change control application under regulation 24 of the HRB Regulations;

(i)

the determination of—

(i)

a partial completion certificate application under regulation 45 of the HRB Regulations; or

(ii)

a completion certificate application under regulation 44 of the HRB Regulations;

(j)

the determination of a regularisation certificate application under regulation 47 of the HRB Regulations;

(k)

any action taken by the regulator—

(i)

in relation to the giving of a notice under paragraph 2(4), 4(7) (including where paragraph 4(7) is applied by paragraph 8(4)) or 5(7) (including where paragraph 5(7) is applied by paragraph 10(4) or 11(4)) of Schedule 3 to the HRB Regulations;

(ii)

in relation to any notice or document submitted to the regulator under paragraph 2(3), 2(5), 4(5) (including where paragraph 4(5) is applied by paragraph 8(4)), 5(5) (including where paragraph 5(5) is applied by paragraph 10(4) or 11(4)), 9(3) or 9(4) of Schedule 3 to the HRB Regulations;

(l)

any action taken by the regulator in relation to—

(i)

the giving of a regulator’s notice under section 91ZB(2) of the 1984 Act^f8; or

(ii)

work for which the regulator is the building control authority under section 91ZB of the 1984 Act;

(m)

the registration of a higher-risk building under section 78 of the 2022 Act;

(n)

the determination of an application for a building assessment certificate under section 81 of the 2022 Act;

(o)

the review of a safety case report prepared by the principal accountable person under section 85 of the 2022 Act;

(p)

the determination of an application for registration of a person as a building inspector and maintenance of the register under section 58C of the 1984 Act, including the variation or cancellation of a registration under section 58E of that Act^f9;

(q)

the determination of an application for registration of a person as a building control approver and maintenance of the register under section 58O of the 1984 Act, including the variation or cancellation of a registration under section 58Q of that Act;

(r)

the inspection by the regulator of a local authority or a registered building control approver under section 58Z8 of the 1984 Act;

(s)

the exercise by an authorised officer of the powers conferred by virtue of Schedule 2 to the 2022 Act;

(t)

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

(i)

securing compliance with a building enactment^f10 or a requirement imposed by virtue of such an enactment; or

(ii)

the imposition of a sanction in respect of a contravention of a building enactment or requirement imposed by virtue of such an enactment;

(u)

the review of a decision of the regulator which, pursuant to section 25 of the 2022 Act, is a prescribed decision;

(v)

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

(w)

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

(3)

In this regulation “change control application”, “completion certificate application”, “partial completion certificate application” and “regularisation certificate application” have the meanings given in the HRB Regulations.

(4)

In relation to—

(a)

any case to which Schedule 3 to the HRB Regulations applies, any reference in paragraph (2) to the HRB Regulations is to be treated as a reference to those Regulations as modified, in relation to that particular case, by Schedule 3 to the HRB Regulations;

(b)

any case to which paragraph 5, 10 or 11 of Schedule 3 to the HRB Regulations applies—

(i)

any reference to a completion certificate application is to be treated as a reference to an application for a transfer and completion certificate;

(ii)

any reference to a partial completion certificate application is to be treated as a reference to an application for a transfer and partial completion certificate.

Annotations

Footnotes

f1: See definition of building control approval in paragraph 1B(2) of Schedule 1 to the 1984 Act.
f2: Section 8 was amended by paragraph 11 of Schedule 5 to the 2022 Act.
f3: Section 19 was amended by paragraph 21 of Schedule 5 to the 2022 Act.
f4: Section 22 was amended by paragraph 24 of Schedule 5 to the 2022 Act.
f5: Section 25 was amended by paragraph 27 of Schedule 5 to the 2022 Act.
f6: Section 33 was amended by paragraph 30 of Schedule 5 to the 2022 Act.
f7: Paragraph 1G was inserted into Schedule 1 by section 33 of the 2022 Act.
f8: Section 91ZB was inserted by section 32 of the 2022 Act.
f9: Sections 58C to 58Z8 was inserted by section 42 of the 2022 Act.
f10: See definition of building enactment in section 24(2) of the 2022 Act.