{
  "url": "https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025/regulation-38",
  "json_url": "https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025/regulation-38.json",
  "legislation": "ukdsi/2025/9780348273779",
  "legislation_title": "The Building Safety Levy (England) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025",
  "path": "regulation/38",
  "kind": "regulation",
  "number": "38",
  "heading": "“Determination period”",
  "text": "(1) Subject to paragraphs (3) to (9), in regulation 37, the “determination period” means the period of 5 weeks beginning with the receipt date or such longer period as the collecting authority and the named client agree in writing.\n(2) The “receipt date” in relation to a building control application is—\n(a) in the case of a building control application which is not an updated application, the date on which the collecting authority receives the last of the following documents—\n(i) the building safety levy information in relation to the application;\n(ii) the first compliant commencement notice, or a copy of it, in relation to building work to which the building control application relates;\n(iii) the evidence, in relation to that notice, referred to in regulation 16(3CA) of the 2010 Regulations, regulation 9(3B) or 17(3B) of the HRB Regulations or, as the case may be, regulation 15(2A) of the RBCA Regulations;\n(b) in the case of a pre-commencement updated application, the date on which the collecting authority receives the last of the following documents—\n(i) the building safety levy information in relation to the updated application;\n(ii) the first compliant commencement notice, or a copy of it, in relation to building work to which the updated application relates;\n(iii) the evidence, in relation to that notice, referred to in regulation 16(3CA) of the 2010 Regulations, regulation 9(3B) or 17(3B) of the HRB Regulations or, as the case may be, regulation 15(2A) of the RBCA Regulations;\n(c) in the case of an updated application which is received after the first compliant commencement notice, or a copy of it, has been received, the date on which the collecting authority receives the last of the following documents—\n(i) the building safety levy information in relation to the updated application;\n(ii) the statements and evidence referred to regulation 14(5) or (6) of the 2010 Regulations, regulation 21(5) of the HRB Regulations or, as the case may be, paragraph 2(a) or (b) of the Annex to Form 2 in Schedule 1 to the RBCA Regulations.\n(3) If the collecting authority considers that the information provided is not sufficient for the purposes of making a determination under regulation 37(2)(a) or (3)(a)—\n(a) the collecting authority may request further information from the named client for the purposes of making that determination, and\n(b) the determination period ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to make the determination.\n(4) If the first compliant commencement notice referred to in paragraph (2)(a) or (b) is rejected under—\n(a) regulation 16(3E) of the 2010 Regulations,\n(b) regulation 9(4) or 17(4) of the HRB Regulations, or\n(c) regulation 15(3) of the RBCA Regulations,\nthe determination period ends on the day which is 5 weeks after the day on which the collecting authority receives a new compliant commencement notice, or a copy of it, in relation to the application, and that notice is to be treated as if it were the first compliant commencement notice.\n(5) If the review of the decision to reject the building control application under regulation 48(1) of the HRB Regulations does not uphold the decision to reject the application the determination period ends on the day which is 5 weeks after the day on which the collecting authority receives notice of the review decision.\n(6) If the appeal against the rejection of the first compliant commencement notice referred to in paragraph (2)(a) or (b) or an application referred to in paragraph (2)(c) is allowed under—\n(a) regulation 14B(2), 14B(5) and 14C(2) or 16(3I) of the 2010 Regulations,\n(b) regulation 9(8), 17(8) or 49(2) of the HRB Regulations,\n(c) regulation 15(7) of the RBCA Regulations, or\n(d) section 55(2) of the 1984 Act,\nthe determination period ends on the day which is 5 weeks after the day on which the collecting authority receives notice of the appeal decision.\n(7) If the application is selected for a levy information spot check under regulations 47 or 48—\n(a) the determination period for the application is the period of 8 weeks beginning with the receipt date, or where paragraph (5) or (6) applies the determination period for the application is the period of 8 weeks beginning with the day on which the collecting authority receives notice of the review decision or appeal decision,\n(b) if the collecting authority requests further information in accordance with paragraph (3), the determination period for the application ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to make the determination, or\n(c) if the collecting authority requests further information in accordance with regulation 50(3), the determination period for the application ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to carry out the levy information spot check.\n(8) If during the period provided for in paragraph (7)(b) a request for further information is made in accordance with regulation 50(3) then the determination period in paragraph (7)(c) applies instead.\n(9) If during the period provided for in paragraph (7)(c) a request for further information is made in accordance with paragraph (3) then the determination period in paragraph (7)(b) applies instead.\n(10) In this regulation, “compliant commencement notice” means—\n(a) in relation to a higher-risk building application or a pre-commencement updated application in relation to such an application, a commencement notice which includes the information referred to in regulations 9(3A) or 17(3A) of the HRB Regulations;\n(b) in relation to an application for building control approval with full plans, a section 91ZB application or a pre-commencement updated application in relation to such an application, a commencement notice which includes the information referred to in regulation 16(3CA) of the 2010 Regulations;\n(c) in relation to an initial notice or a pre-commencement updated application in relation to such a notice, a commencement notice which includes the information referred to in regulation 15(2A) of the RBCA Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2025/9780348273779/regulation/38",
    "retrieved_at": "2026-10-30T14:38:50.608425+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}