Regulation 18 Chargeable amount of communal floorspace: general

(1)

This regulation applies for the purposes of determining the chargeable amount of communal floorspace under the formula in regulation 16(2).

(2)

The “chargeable amount of communal floorspace” in relation to a building is—

(a)

if the building was a relevant residential building at the time the chargeable application was made, the amount given by taking Steps 1 to 3 in paragraph (3), and

(b)

in any other case, the amount given by taking Step 1 in paragraph (3).

(3)

The steps are—

Step 1

In relation to each post-completion area of residential floorspace which falls within regulation 10 (c), if any—
1. (a)
  
  calculate the amount of that residential floorspace,
2. (b)
  
  determine, in accordance with regulation 19, the “relevant percentage” in relation to the area,
3. (c)
  
  calculate the relevant percentage of the amount given by sub-paragraph (a), and
4. (d)
  
  if there is more than one area of communal space for residents, add together the amounts given by paragraph (c).
Step 2

If, at the time the chargeable application was made, there is at least one area of communal space for residents, repeat Step 1 in relation to each pre-commencement area of residential floorspace which falls within regulation 10 (c).
Step 3

Deduct the amount given by Step 2 from the amount given by Step 1.

(4)

In this regulation—

(a)

references to a “post-completion” area are references to the area on completion of the building work to which the chargeable application relates assuming, for the purposes of the calculation, that the building work is carried out in accordance with—

(i)

the application, and

(ii)

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

(b)

references to a “pre-commencement” area are references to the area at the time the application was made.