Regulation 53 Procedure and outcome for levy updates
This regulation applies if the collecting authority—
has given a levy determination notice in relation to a building control application, and
has received a levy update notice relating to that application in accordance with regulation 52.
For the purposes of these Regulations—
the collecting authority must treat the levy update notice and the building control application as if it were a single building control application (the “levy update application”);
the collecting authority is treated as receiving the levy update application on the date on which it receives the levy update notice (“receipt date”).
Subject to paragraphs (6) to (12), the collecting authority must, before the end of the period of 5 weeks beginning with the receipt date—
determine in accordance with regulation 15 whether or not the building control application remains chargeable having regard to the levy update application, and
take either the steps specified in paragraph (4) or the step specified in paragraph (5).
If the building control application, having regard to the levy update application, is chargeable, the collecting authority must—
determine the levy liability amount in respect of the application, and
revise the levy liability notice and give a revised levy determination notice to the named client which, subject to paragraph (6), includes the details set out in regulation 67(6).
If the building control application, having regard to the levy update application, is no longer chargeable, the collecting authority must give to the named client a revised levy determination notice, containing a notice of no charge, which, subject to paragraph (6), includes the details set out in regulation 67(6).
For the purposes of paragraphs (4)(b) and (5),regulation 67(6) has effect as if any reference in that paragraph to—
the refund application were a reference to the levy update notice;
the new levy liability amount were a reference to the levy liability amount determined under this regulation;
the remaining work were a reference to the building work described in the building control application referred to in this regulation having regard to the levy update notice.
In making the determination under paragraph (3) the collecting authority must refer to the circumstances which existed at the time the building control application was made, as varied by any changes referred to in regulation 52(1)(c).
In determining the levy liability amount under paragraph (4) if the building control application referred to in paragraph (1) 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 must be read as references to the time the original application was made.
If the collecting authority considers that the information provided in relation to the levy update application is not sufficient for the purposes of making a determination under this regulation—
the collecting authority may request further information from the named client for the purposes of making the determination, and
the period for determining 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.
If the levy update notice is selected for a levy information spot check under regulations 47 or 48—
the period for determining the levy update application and the levy information spot check is the period of 8 weeks beginning with the receipt date,
if the collecting authority requests further information in accordance with paragraph (9), the period for determining the levy update application and the levy information spot check is the period given pursuant to paragraph (9)(b), or
if the collecting authority requests further information in accordance with regulation 50(3), the period for determining the levy update application and the levy information spot check 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.
If during the period provided for in paragraph (10)(b) a request for further information is made in accordance with regulation 50(3) then the period in paragraph (10)(c) applies instead.
If during the period provided for in paragraph (10)(c) a request for further information is made in accordance with paragraph (9) then the period in paragraph (10)(b) applies instead.
If a notice of no charge is given under paragraph (5) then the levy determination notice in relation to the application referred to in paragraph (1) is cancelled and the revised levy determination notice given under paragraph (5) must include a statement to that effect.
If the levy determination notice referred to in paragraph (1) is a notice of no charge and the building control application, having regard to the levy update application, is chargeable then the notice of no charge is cancelled and the revised levy determination notice given under paragraph (4) must include a statement to that effect.
If the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, the collecting authority must give a copy of the revised levy determination notice referred to in paragraph (4) to the registered building control approver.
If part of the work described in a building control application to which a levy update notice relates is completed then—
in determining whether the building control application remains chargeable, and
in taking the steps specified in paragraph (4),
the completed work is to be treated as if it were as described in the building control application, including any variations to that work which were described in any variation application approved before the work was completed, and no regard is to be had to how a change listed in regulation 52(1)(c) relates to the completed work.