Regulation 37 Collecting authority: determination of levy liability amount
This regulation applies if—
the building control authority has received a building control application, and
the collecting authority has received the following information (or a copy of it) in relation to the building work to which the application relates—
the information required by regulation 14(1)(g) or (h) of the 2010 Regulations, regulation 4(1)(f) or regulation 12(1)(f) or regulation 21(2)(g) and (5) of the HRB Regulations or, as the case may be, paragraph 5(f) of Form 1, or paragraph 4(h) of Form 2 or paragraph 5(f) of Form 4 in Schedule 1 to the RBCA Regulations, and
the information required by regulation 16(3CA) of the 2010 Regulations, regulation 9(3A) and (3B) or regulation 17(3A) and (3B) of the HRB Regulations or, as the case may be, regulation 15(2A), and where applicable regulation 15(2B), of the RBCA Regulations.
The collecting authority must, within the determination period (as defined in regulation 38)—
determine, in accordance with regulation 15, whether or not the application is chargeable, and
take either the steps specified in paragraph (3) or the step specified in paragraph (4).
If the application referred to in paragraph (1) is chargeable, the collecting authority must—
determine the total amount of building safety levy chargeable in respect of the application (the “levy liability amount”) in accordance with regulation 16, and
give a levy liability notice to the named client in accordance with regulation 39.
If the application referred to in paragraph (1) is not chargeable, the collecting authority must give a notice of no charge to the named client in accordance with regulation 40.
If the application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, the collecting authority must, within the determination period, give a copy of the notice referred to in paragraphs (3)(b) or (4) to the registered building control approver.
In determining the amount referred to in paragraph (3) in relation to a building control application which is an updated application, the references in regulations 17(2)(a), 17(3), 18(2)(a), 18(3) and 18(4)(b) to the time the application was made are to be treated as references to the time the original application, to which that updated application relates, was made.
Subject to paragraphs (8) and (9), for the purposes of paragraph (1) the information (or a copy of it) is not to be considered to have been received if the building control application or the compliant commencement notice to which the information relates is rejected under—
regulation 14A(2) or 16(3E) of the 2010 Regulations,
regulation 9(4), 17(4) or 24(2) of the HRB Regulations,
regulation 15(3) of the RBCA Regulations, or
section 51A(3) of the 1984 Act.
If there is a review of the decision to reject the building control application under regulation 48(1) of the HRB Regulations paragraph (7) does not have effect if the review does not uphold the decision to reject the application.
If there is an appeal against the rejection of the building control application or compliant commencement notice under—
regulation 14B(1), 14B(4), 14C(1) or 16(3I) of the 2010 Regulations,
regulation 9(7), 17(7) or 49(1) of the HRB Regulations,
regulation 15(6) of the RBCA Regulations, or
section 55(1) of the 1984 Act,
paragraph (7) does not have effect if the appeal is allowed.