Regulation 8 Charges for monitoring and regulatory intervention to ensure compliance

(1)

Subject to paragraphs (3) and (4), a person must pay the charge arising from the performance of the chargeable functions under sub-paragraphs (s) and (t) of regulation 3(2) if the regulator has reasonable grounds to believe that the person may contravene, is contravening or has contravened a building enactment or a requirement imposed by virtue of a building enactment.

(2)

A charge for the performance of a chargeable function under sub-paragraphs (s) or (t) of regulation 3(2) must not include any costs which are connected with a criminal investigation or prosecution and which are incurred, in either case, after the date on which any information is laid by the regulator.

(3)

Where a charge is payable under paragraph (1) by—

(a)

a person who was acting in their capacity as an employee, that person’s employer must pay the charge; or

(b)

a resident or owner of a residential unit in an occupied higher-risk building, the principal accountable person for that building must pay the charge.

(4)

A charge is not payable under paragraph (1) in relation to an investigation under section 58H, 58T or 58Z3 of the 1984 Act by—

(a)

a registered building inspector if the regulator’s investigation concludes that they have not breached the code of conduct^f1 or been guilty of professional misconduct^f2; or

(b)

a registered building control approver if the regulator’s investigation concludes that they have not contravened the professional conduct rules^f3 or the operational standards rules^f4.

Annotations

Footnotes

f1: Prepared and published under section 58F of the 1984 Act.
f2: See definition of professional misconduct in section 58H of the 1984 Act.
f3: Prepared and published under section 58R of the 1984 Act.
f4: Prepared and published under section 58Z of the 1984 Act.