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Regulation 2 Interpretation

Original text. Later amendments are not shown.

(1)

In these Regulations—

  • “the 1984 Act” means the Building Act 1984;

  • “the 2010 Regulations” means the Building Regulations 2010f1;

  • “bedspace” has the meaning given by regulation 6(4);

  • “building”, except in regulation 21, means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;

  • “building control application” has the meaning given by regulation 5(1);

  • “building safety levy” has the meaning given by regulation 3;

  • “building safety levy information” has the meaning given in—

    1. (a)

      in relation to a higher-risk building application or an updated application where the variation application is a change control application, regulation 17A of the HRB Regulationsf2;

    2. (b)

      in relation to an application for building control approval with full plans or a section 91ZB application, regulation 14ZA of the 2010 Regulationsf3;

    3. (c)

      in relation to an updated application where the variation application is a subsequent application for building control approval with full plans or a subsequent section 91ZB application, regulation 14ZA of the 2010 Regulations;

    4. (d)

      in relation to an initial noticef4, the Annex to Form 1 or as the case may be Form 4 in Schedule 1 to the RBCA Regulationsf5;

    5. (e)

      in relation to an updated application where the variation application is an amendment noticef6, the Annex to Form 2 in Schedule 1 to the RBCA Regulationsf7;

  • “chargeable application” means a building control application that is chargeable under regulation 15(1);

  • “collecting authority” has the meaning given by regulation 4;

  • “commenced”, in relation to building work, has the meaning given by regulation 14;

  • “commencement notice” has the meaning given by regulation 14(2);

  • “communal space for residents” has the meaning given by regulation 11;

  • “compliant commencement notice” has the meaning given in regulation 38(10);

  • “contact information”, in relation to a person, means the person’s name, address, telephone number and, if available, e-mail address;

  • “development” has the same meaning as in section 55 of TCPA 1990f8;

  • “exempt building” is defined in regulation 7(2);

  • “exempt person” has the meaning given by regulation 13;

  • “financial quarter” means the period of 3 months ending with the last day of March, June, September or December;

  • “gross internal area” has the meaning given by regulation 12;

  • “higher-risk building application” means—

    1. (a)

      a building control approval application for HRB work;

    2. (b)

      a building control approval application for a stage of HRB work;

    3. (c)

      a building control approval application for work to existing HRB;

  • “the HRB Regulations” means the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023f9;

  • “levy charging information” has the meaning given in—

    1. (a)

      in relation to a higher-risk building application or an updated application where the variation application is a change control application, regulation 17B of the HRB Regulationsf10;

    2. (b)

      in relation to an application for building control approval with full plans or a section 91ZB application, regulation 16A of the 2010 Regulationsf11;

    3. (c)

      in relation to an updated application where the variation application is a subsequent application for building control approval with full plans or a subsequent section 91ZB application, regulation 16A of the 2010 Regulations;

    4. (d)

      in relation to an initial notice or an updated application where the variation application is an amendment notice, regulation 15A of the RBCA Regulationsf12;

  • “levy determination notice” means—

    1. (a)

      a notice of no charge;

    2. (b)

      a levy liability notice;

  • “levy information spot check” has the meaning given by regulation 46;

  • “levy liability amount” has the meaning given by regulation 37(3)(a);

  • “levy liability notice” has the meaning given by regulation 39;

  • “levy payment certificate” has the meaning given by regulation 56;

  • “levy update application” has the meaning given by regulation 53;

  • “levy update notice” has the meaning given by regulation 52;

  • “major residential development” has the meaning given by regulation 6;

  • “named client” has the meaning given by regulation 23;

  • “notice of no charge” has the meaning given by regulation 40;

  • “ordinary residential dwelling” has the meaning given by regulation 8;

  • “original application”, in relation to a variation application or an updated application, has the meaning given by regulation 42(1)(a);

  • “part of a wider development” has the meaning given by regulation 15(4);

  • “planning permission” has the meaning given in section 336(1) of TCPA 1990f13;

  • “pre-commencement updated application” means an updated application, or a copy of it, which is received by the collecting authority before the first compliant commencement notice, or a copy of it, in relation to the original application is received by the collecting authority;

  • “previous development condition” has the meaning given by regulation 20(3);

  • “purpose-built student accommodation” has the meaning given by regulation 9;

  • “the RBCA Regulations” means the Building (Registered Building Control Approvers etc.) (England) Regulations 2024f14;

  • “receipt date” in relation to a building control application has the meaning given by regulation 38(2) and, in relation to a levy update application means the date referred to in regulation 53(2)(b);

  • “relevant residential building” has the meaning given by regulation 7(3);

  • “residential building” has the meaning given by regulation 7(1);

  • “residential floorspace” has the meaning given by regulation 10;

  • “revised levy determination notice” has the meaning given by regulation 67(6);

  • “section 91ZB application” means an application for building control approval with full plans relating to building work in respect of which the regulator is the building control authority under section 91ZB(2) of the 1984 Actf15;

  • “set of levy information” has the meaning given by regulation 46(3);

  • “social housing” has the meaning given by paragraph 1 of Schedule 2;

  • “supported housing” has the meaning given by paragraph 7 of Schedule 2;

  • “TCPA 1990” means the Town and Country Planning Act 1990;

  • “updated application” has the meaning given by regulation 42(2)(a);

  • “variation application” has the meaning given by regulation 41;

  • “working day” means a day other than—

    1. (a)

      a Saturday or Sunday;

    2. (b)

      Christmas Day or Good Friday;

    3. (c)

      a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971f16.

(2)

The following terms have the same meaning as in the 2010 Regulationsf17—

  • “application for building control approval with full plans”;

  • “building work”.

(3)

The following terms have the same meaning as in the HRB Regulationsf18—

  • “building control approval application for a stage of HRB work”;

  • “building control approval application for HRB work”;

  • “building control approval application for work to existing HRB”;

  • “change control application”;

  • “completion certificate application”;

  • “partial completion certificate application”.

(4)

If a named client does not agree to receive a notice under these Regulations by e-mail the collecting authority may give the notice to the named client by sending it to the address provided in the contact information set out in the building control application.

(5)

Any notice, notification or other document required by these Regulations to be given to a collecting authority or building control authority may be given online using an electronic portal authorised by a collecting authority or building control authority to be used for that purpose.

Annotations

Footnotes

f1

S.I. 2010/2214, as amended by S.I. 2012/3119, 2016/285, 2022/564, 2023/520, 2023/911 and 2024/110. There are other amending instruments, but none is relevant to this instrument.

f2

Regulation 17A is inserted into the HRB Regulations by regulation 31 of this instrument.

f3

Regulation 14ZA is inserted into the 2010 Regulations by regulation 27 of this instrument.

f4

See section 47 of the 1984 Act.

f5

Forms 1 and 4 of Schedule 1 to the RBCA Regulations are substituted by regulation 29 of this instrument.

f6

Section 51A of the 1984 Act which was inserted by S.I. 1996/1905.

f7

Form 2 of Schedule 1 to the RBCA Regulations is substituted by regulation 44 of this instrument.

f8

1990 c. 8. Section 55 was amended by sections 13 and 14 of, and Schedules 6 and 19 to, the Planning and Compensation Act 1991 (c. 34); section 49 of, and Schedules 6 and 9 to, the Planning and Compulsory Purchase Act 2004 (c. 5), and S.I. 1999/293.

f9

S.I. 2023/909, to which there are amendments not relevant to these Regulations.

f10

Regulation 17B is inserted into the HRB Regulations by regulation 31 of this instrument.

f11

Regulation 16A is inserted into the 2010 Regulations by regulation 28 of this instrument.

f12

Regulation 15A is inserted into the RBCA Regulations by regulation 29 of this instrument.

f13

1990 c. 8. The definition of “planning permission” is amended by Schedule 19 to the Planning and Compensation Act 1991 (c. 34), paragraph 40(3) of Schedule 12 to the Housing and Planning Act 2016 (c. 22) and paragraph 10(b) of Schedule 10 to the Levelling Up and Regeneration Act 2023 (c. 55).

f14

S.I. 2024/110, to which there are amendments not relevant to these Regulations.

f15

Section 91ZB was inserted by section 32(3) of the Building Safety Act 2022. See section 121A of the 1984 Act, which was inserted by section 32 of the 2022 Act, for the definition of “building control authority”.

f16

1971 c. 80.

f17

See regulation 2 of those Regulations.

f18

See regulation 2 of those Regulations.