Regulation 63 Provision of information by the named client and by the collecting authority in relation to completion applications
This regulation applies where a building control authority receives an HRB-related completion application or a LABC completion application.
In relation to a LABC completion application, before—
in the case of a LABC completion application which is a notice under regulation 16(4) of the 2010 Regulations, giving a completion certificate under those Regulations,
in the case of a LABC completion application which is a final certificate, acceptingf1 the certificate,
the building control authority must ask the collecting authority whether or not it agrees with the levy liability statement in relation to the application and the collecting authority must notify the building control authority confirming whether or not the collecting authority agrees with the statement.
In relation to a HRB-related completion application, the named client in relation to that completion application must—
on a day which is no earlier than the day the application is made, provide to the collecting authority a statement, signed by the named client—
stating that a HRB-related completion application has been made to the regulator, and
identifying each building control application to which the HRB-related completion application relates,
on the day the named client provides the statement referred to in sub-paragraph (a), give the collecting authority a copy of the levy liability statement included in the HRB-related completion application, and
on the day the named client provides the statement referred to in sub-paragraph (a), notify the regulator that the named client has provided the statements in sub-paragraph (a) and (b).
Where a named client has provided the statements referred to in paragraph (3)(a) and (b) the collecting authority must, before the end of the period of 10 working days beginning with the day on which the authority receives those statements, notify the regulator confirming whether or not the authority agrees with the levy liability statement given by the named client.
In this regulation—
-
“final certificate statement” means, in the case of a LABC completion application which is a final certificatef2, a statement under paragraph 15 of Form 5 of Schedule 1 to the RBCA Regulations;
-
“HRB-related completion application” means—
- (a)
a completion certificate application that is required, by regulation 40 of the HRB Regulations, to include a levy liability statement;
- (b)
a partial completion certificate application that is required, by regulation 45 of the HRB Regulations, to include a levy liability statement;
- (c)
a notice under regulation 16(4) of the 2010 Regulations that—
- (i)
is given in relation to a section 91ZB application, and
- (ii)
is required, by regulation 16(4A) of the 2010 Regulations, to include a levy liability statement;
- (i)
- (a)
-
“LABC completion application” means—
- (a)
a notice under regulation 16(4) of the 2010 Regulations that—
- (i)
is given in relation to an application for building control approval with full plans which is not a section 91ZB application, and
- (ii)
is required, by regulation 16(4A) of the 2010 Regulations, to include a levy liability statement;
- (i)
- (b)
a final certificate, given in relation to an initial notice, which is required to include a final certificate statement;
- (a)
-
“levy liability statement” has the meaning given in regulation 16(5B) of the 2010 Regulations, regulation 18(2) of the RBCA Regulations or, as the case may be, regulation 40(3A) or 45(4A) of the HRB Regulations.
Annotations
Footnotes
- f1
-
Section 50(5) to (7) of the 1984 Act, as applied to final certificates by section 51(2), sets out when a final certificate is accepted.
- f2
-
See section 51 of the 1984 Act for the definition of “final certificate”.