Regulation 65 Refund of levy payments: conditions A to D
This regulation applies in relation to a building control application if—
the collecting authority has given a levy liability notice in relation to the building control application,
the collecting authority has given a levy payment certificate under regulation 55 in respect of the building control application, and
any of conditions A to D are met.
Where this regulation applies and the collecting authority is satisfied that the amount payable exceeds the reasonable administrative costs that would be incurred by it in making the payment, the collecting authority must, within the refund payment period, pay to the named client an amount calculated in accordance with paragraph (7) (“refund amount”) and—
if a notice of no charge is given, give the named client a notice cancelling the original levy payment certificate, or
in any other case, give the named client a revised levy payment certificate which, subject to paragraph (8), must include the details referred to in regulation 67(8).
Condition A is that—
the levy liability notice referred to in paragraph (1)(a) is cancelled under regulation 43(2) or (3), and
either—
the levy liability amount specified in the levy liability notice in relation to the updated application is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or
the collecting authority gives a notice of no charge in relation to the updated application.
Condition B is that—
the levy liability notice referred to in paragraph (1)(a) is revised or cancelled under regulation 53, and
either—
the levy liability amount specified in the revision of the levy liability notice in relation to the levy update application is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or
the collecting authority gives a notice of no charge in relation to the levy update application.
Condition C is that—
under regulation 72, the collecting authority carries out a review of its determination of the levy liability amount specified in the levy liability notice referred to in paragraph (1)(a), and
on the review, either—
the collecting authority revises the levy liability notice and the levy liability amount specified in that notice is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or
the collecting authority gives a notice of no charge.
Condition D is that—
on an appeal against a collecting authority’s determination of the levy liability amount specified in the levy liability notice referred to in paragraph (1)(a), the First-tier Tribunal substitutes a decision as to the levy liability amount, and
pursuant to regulation 73(5), either—
the collecting authority revises a levy liability notice and the levy liability amount specified in that notice is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or
the collecting authority gives a notice of no charge.
The refund amount is an amount equal to—
in a case within paragraph (3)(b)(i), the difference between—
the amount specified in the levy payment certificate referred to in paragraph (1)(b), and
the levy liability amount specified in the levy liability notice for the updated application;
in a case within paragraph (4)(b)(i), (5)(b)(i) or (6)(b)(i) the difference between—
the amount specified in the levy payment certificate referred to in paragraph (1)(b), and
the levy liability amount specified in the revision to the levy liability notice;
in a case within paragraph (3)(b)(ii), (4)(b)(ii), (5)(b)(ii) or (6)(b)(ii), the amount specified in the levy payment certificate referred to in paragraph (1)(b).
For the purposes of paragraph (2), regulation 67(8) has effect as if any reference in that paragraph to relevant work were a reference to the building work described in the building control application referred to in this regulation having regard to the variation application, the levy update notice, the review or, as the case may be, the appeal.
In this regulation “refund payment period” means the period of 2 weeks beginning with the later of—
the date on which the revised levy determination notice is given or, in the case of an updated application, the levy determination notice is given, and
the date on which the collecting authority receives details of a bank account, nominated by the named client, into which the payment is to be made.