{
  "url": "https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025/regulation-42",
  "json_url": "https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025/regulation-42.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/42",
  "kind": "regulation",
  "number": "42",
  "heading": "Effect of a variation application",
  "text": "(1) This regulation applies if—\n(a) a collecting authority received a building control application (the “original application”), and\n(b) a variation application, relating to the original application, is made.\n(2) For the purposes of these Regulations (other than the provisions of this Part)—\n(a) the original application and the variation application are treated as a single building control application (the “updated application”);\n(b) subject to paragraph (6), the collecting authority is treated as receiving the updated application on the date on which it receives the variation application;\n(c) if the variation application is an application for building control approval with full plans, Parts 7 and 9 of these Regulations do not apply in relation to the variation application alone but those Parts apply to the variation application as part of the updated application.\n(3) The updated application is treated as being made on the date the variation application is made (as described in regulation 41(2)).\n(4) If part of the work described in a building control application to which an updated application relates is completed then—\n(a) in determining, in accordance with regulation 15, whether or not the updated application is chargeable, and\n(b) in calculating the levy liability amount in relation to the application,\nthe completed work is to be treated as if it were as described in the original application (including any changes to that work which were described in all the variation applications approved before the work was completed).\n(5) If after a levy determination notice is given in relation to the updated application under regulation 37, a further variation application is made relating to the original application (“the undetermined variation application”) then—\n(a) references in this regulation (except in this paragraph) to the original application are to be treated as references to the original application as varied by all variation applications except the undetermined variation application;\n(b) references in this regulation (except in this paragraph) to the variation application are to be treated as references to the undetermined variation application.\n(6) If the variation application is—\n(a) a section 91ZB application, the collecting authority is treated as receiving the updated application on whichever is the later of—\n(i) the date it receives the information in relation to the variation application in accordance with regulation 32(2),\n(ii) the date it receives the evidence in relation to the variation application in accordance with regulation 14(7) of the 2010 Regulations,\n(b) a change control application, the collecting authority is treated as receiving the updated application on whichever is the later of—\n(i) the date it receives the information in relation to the variation application in accordance with regulation 32(2),\n(ii) the date it receives the evidence in relation to the variation application in accordance with regulation 21(5) of the HRB Regulations.\n(7) In this regulation a variation application is “approved” if it has been approved by the building control authority or, in the case of an amendment notice, it is treated as approved pursuant to section 51B(1)(b) of the 1984 Act.\n(8) In a case where an application is made to the Secretary of State under section 30A of the 1984 Act in relation to a variation application, the reference in paragraph (7) to a building control authority is to be treated as a reference to the Secretary of State.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 51B(1) was substituted by paragraph 43 of Schedule 5 to the Building Safety Act 2022."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2025/9780348273779/regulation/42",
    "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."
}