In these Regulations—• “the Act” means the Building Act 1984;• note...• “building” means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;• “building notice” means a notice given in accordance with regulations 12(2)(a) and 13 of the Principal Regulations;• “building work” has the meaning given in regulation 3(1) of the Principal Regulations;• “chargeable function” means a function listed in regulation 5(1);• ”local authority” means a county council or county borough council for an area in Wales, or where applicable, by virtue of regulations made under section 91ZD of the note... Act, means a designated local authority.• “officer” includes a person contracted by the local authority or a person employed by such a contractor, to perform a chargeable function or provide chargeable advice but does not include a consultant of the kind referred to in regulation 7(3);• “the Principal Regulations” means the Building Regulations 2010; and• “the RBCA (Wales) Regulations” means the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024;• “relevant person” means—(a) in relation to a plan charge, inspection charge, reversion charge , building notice charge, controlled change charge, completion certificate charge or partial completion certificate charge, the person who carries out the building work or on whose behalf the building work is carried out;(b) in relation to a regularisation charge, the owner of the building; note...(ba) in relation to a higher-risk building regularisation charge, the owner of the building; and(c) in relation to chargeable advice, any person requesting advice for which a charge may be made pursuant to regulation 5(2).
3Authorisation to fix and recover charges by way of a scheme#
(1)Neither regulation 45 nor 46 shall require any such amount as is mentioned in paragraph (1)(b) of those regulations (in either case, “the credit”) to be set against any such sum as is mentioned in paragraph (1)(a) of those regulations (in either case, “the debit”) in any case where—
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(2)
4Exception for building work solely required for disabled persons#
(1)Neither regulation 45 nor 46 shall require any such amount as is mentioned in paragraph (1)(b) of those regulations (in either case, “the credit”) to be set against any such sum as is mentioned in paragraph (1)(a) of those regulations (in either case, “the debit”) in any case where—
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(2)
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(i)of a sales unit marked or labelled before 1 July 1992; or
(ii)of a sales unit before 1 January 1997 in a glass bottle intended for re-use which is indelibly marked and therefore bears no label, ring or collar;
(iii)when that person is in administrative receivership; or
(3)References in this regulation, in relation to any person, to the application of an insolvency procedure to that person shall not include—
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(4)In paragraph (3)—• “mortgage” includes a charge and (in Scotland) a heritable security;• “timeshare accommodation” means overnight accommodation which is the subject of a timeshare contract within the meaning of the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010.
5Principles of charging scheme: chargeable functions and advice#
(1)Neither regulation 45 nor 46 shall require any such amount as is mentioned in paragraph (1)(b) of those regulations (in either case, “the credit”) to be set against any such sum as is mentioned in paragraph (1)(a) of those regulations (in either case, “the debit”) in any case where—
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(i)of a sales unit marked or labelled before 1 July 1992; or
(ii)of a sales unit before 1 January 1997 in a glass bottle intended for re-use which is indelibly marked and therefore bears no label, ring or collar;
(i)of a sales unit marked or labelled before 1 July 1992; or
(ii)of a sales unit before 1 January 1997 in a glass bottle intended for re-use which is indelibly marked and therefore bears no label, ring or collar;
impose such conditions as they see fit;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(i)of a sales unit marked or labelled before 1 July 1992; or
(ii)of a sales unit before 1 January 1997 in a glass bottle intended for re-use which is indelibly marked and therefore bears no label, ring or collar;
(i)of a sales unit marked or labelled before 1 July 1992; or
(ii)of a sales unit before 1 January 1997 in a glass bottle intended for re-use which is indelibly marked and therefore bears no label, ring or collar;
(c)the making of an administration order in relation to that person at any time when that person is in administrative receivership.
(d)when any voluntary arrangement approved in accordance with Part I or Part VIII of the Insolvency Act 1986, or Part II or Chapter II of Part VIII of the Insolvency (Northern Ireland) Order 1989, comes into force in relation to that person;
(da)where it is for the protection of the environment, and subject to paragraph (3A) below, the conservation or promotion of biological diversity through–
on land or in water situated in the vicinity of a landfill site;
(e)when a deed of arrangement registered in accordance with note... Chapter I of Part VIII of that Order of 1989 takes effect in relation to that person;
(f)a sale after these Regulations come into force—
(i)of a sales unit marked or labelled before 1 July 1992; or
(ii)of a sales unit before 1 January 1997 in a glass bottle intended for re-use which is indelibly marked and therefore bears no label, ring or collar;
(iii)when that person is in administrative receivership; or
(2)
6Principles of charging scheme: overriding objective in determining charges#
(1)Neither regulation 45 nor 46 shall require any such amount as is mentioned in paragraph (1)(b) of those regulations (in either case, “the credit”) to be set against any such sum as is mentioned in paragraph (1)(a) of those regulations (in either case, “the debit”) in any case where—
(2)
(3)References in this regulation, in relation to any person, to the application of an insolvency procedure to that person shall not include—
(4)For the purposes of this regulation a person shall be regarded as being in administrative receivership throughout any continuous period for which (disregarding any temporary vacancy in the office of receiver) there is an administrative receiver of that person, and the reference in paragraph (2) above to a person being put into administrative receivership shall be construed accordingly.
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(c)the making of an administration order in relation to that person at any time when that person is in administrative receivership.
(5)Where this regulation applies and an amount has been set off in accordance with any of paragraphs (2) to (4) above, the duty of both the person and the Commissioners to pay the amount or amounts concerned shall be treated as having been discharged accordingly.
(6)Paragraphs (6) and (7) of regulation 45 shall apply in relation to this regulation as they apply in relation to that regulation.
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(7)In this regulation “tax” includes “duty”.
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(8)Where the material falls within paragraph (5)(b) above rules may not be agreed under paragraph (5) above except for the discounting of water which has been added prior to disposal (and not of water which is present in the material naturally).
(9)For the purposes of paragraph (8) above any water which has been extracted prior to disposal shall be deemed to be water that has been added, except that where the water extracted exceeds the quantity of water added that excess shall be deemed to have been present naturally.
7Principles of charging scheme: calculating charges#
(1)Neither regulation 45 nor 46 shall require any such amount as is mentioned in paragraph (1)(b) of those regulations (in either case, “the credit”) to be set against any such sum as is mentioned in paragraph (1)(a) of those regulations (in either case, “the debit”) in any case where—
(2)
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(3)References in this regulation, in relation to any person, to the application of an insolvency procedure to that person shall not include—
(4)For the purposes of this regulation a person shall be regarded as being in administrative receivership throughout any continuous period for which (disregarding any temporary vacancy in the office of receiver) there is an administrative receiver of that person, and the reference in paragraph (2) above to a person being put into administrative receivership shall be construed accordingly.
(5)Where this regulation applies and an amount has been set off in accordance with any of paragraphs (2) to (4) above, the duty of both the person and the Commissioners to pay the amount or amounts concerned shall be treated as having been discharged accordingly.
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(c)the making of an administration order in relation to that person at any time when that person is in administrative receivership.
(d)when any voluntary arrangement approved in accordance with Part I or Part VIII of the Insolvency Act 1986, or Part II or Chapter II of Part VIII of the Insolvency (Northern Ireland) Order 1989, comes into force in relation to that person;
(e)when a deed of arrangement registered in accordance with note... Chapter I of Part VIII of that Order of 1989 takes effect in relation to that person;
(f)a sale after these Regulations come into force—
(g)a description of the material disposed of;
(h)the rate of tax chargeable in relation to the disposal or, if the invoice relates to more than one disposal and the rate of tax for each of them is not the same, the rate of tax chargeable for each disposal;
(i)shall satisfy itself, by reference to such records or other documents or information it thinks fit, that the qualifying contributions received by the body have been spent by it only in the course or furtherance of its approved objects; note...
(j)where the amount of tax is shown separately, a statement confirming that that tax may not be treated as the input tax of any person.
(ja)whether an application or building notice in relation to building work is in respect of building work which is substantially the same as building work in respect of which an application note... has been granted or building works have been inspected by the same local authority;
(k)shall, when notified by an approved body of the transfer to or by it of the whole or part of a qualifying contribution or of income derived therefrom, notify the registered person who made the qualifying contribution, and any contributing third party in relation to it, of—
(l)shall comply with such conditions as the Commissioners may impose from time to time under regulation 35(1)(aa) (including any conditions varied under regulation 35(1)(ab)).
(6)Paragraphs (6) and (7) of regulation 45 shall apply in relation to this regulation as they apply in relation to that regulation.
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(7)In this regulation “tax” includes “duty”.
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(8)Where the material falls within paragraph (5)(b) above rules may not be agreed under paragraph (5) above except for the discounting of water which has been added prior to disposal (and not of water which is present in the material naturally).
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(9)For the purposes of paragraph (8) above any water which has been extracted prior to disposal shall be deemed to be water that has been added, except that where the water extracted exceeds the quantity of water added that excess shall be deemed to have been present naturally.
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(c)the making of an administration order in relation to that person at any time when that person is in administrative receivership.
(10)In this regulation—• “estimated cost” means the amount accepted by the local authority as that which a person engaged in the business of carrying out building work would reasonably charge for carrying out the work in question, excluding value added tax and professional fees.
9Principles of charging scheme in respect of information necessary for determination of charges#
A local authority are authorised to make provision in their charging scheme for information to be supplied where it is required for the purpose of determining any charge.
10Principles of charging scheme in respect of complaints about charges#
A local authority shall make provision in their charging scheme about the handling and consideration of complaints relating to the determination of any charge.
(1)Neither regulation 45 nor 46 shall require any such amount as is mentioned in paragraph (1)(b) of those regulations (in either case, “the credit”) to be set against any such sum as is mentioned in paragraph (1)(a) of those regulations (in either case, “the debit”) in any case where—
(2)
(3)References in this regulation, in relation to any person, to the application of an insolvency procedure to that person shall not include—
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(4)For the purposes of this regulation a person shall be regarded as being in administrative receivership throughout any continuous period for which (disregarding any temporary vacancy in the office of receiver) there is an administrative receiver of that person, and the reference in paragraph (2) above to a person being put into administrative receivership shall be construed accordingly.
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(5)Where this regulation applies and an amount has been set off in accordance with any of paragraphs (2) to (4) above, the duty of both the person and the Commissioners to pay the amount or amounts concerned shall be treated as having been discharged accordingly.
(6)Paragraphs (6) and (7) of regulation 45 shall apply in relation to this regulation as they apply in relation to that regulation.
(1)Neither regulation 45 nor 46 shall require any such amount as is mentioned in paragraph (1)(b) of those regulations (in either case, “the credit”) to be set against any such sum as is mentioned in paragraph (1)(a) of those regulations (in either case, “the debit”) in any case where—
(2)
(3)References in this regulation, in relation to any person, to the application of an insolvency procedure to that person shall not include—
13Contraventions of regulations not to be an offence#
Each of the provisions of these Regulations is designated as a provision to which section 35 of the Act (penalty for contravening building regulations) does not apply.
14Fees for determinations of questions by the Welsh Ministers#
(1)Neither regulation 45 nor 46 shall require any such amount as is mentioned in paragraph (1)(b) of those regulations (in either case, “the credit”) to be set against any such sum as is mentioned in paragraph (1)(a) of those regulations (in either case, “the debit”) in any case where—
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(2)
(3)References in this regulation, in relation to any person, to the application of an insolvency procedure to that person shall not include—
(1)Neither regulation 45 nor 46 shall require any such amount as is mentioned in paragraph (1)(b) of those regulations (in either case, “the credit”) to be set against any such sum as is mentioned in paragraph (1)(a) of those regulations (in either case, “the debit”) in any case where—
(2)
(3)References in this regulation, in relation to any person, to the application of an insolvency procedure to that person shall not include—
(a)where the earner was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) specified in paragraph 7 of Schedule 2;
(b)where during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Job Band 7.
(c)the making of an administration order in relation to that person at any time when that person is in administrative receivership.
(d)when any voluntary arrangement approved in accordance with Part I or Part VIII of the Insolvency Act 1986, or Part II or Chapter II of Part VIII of the Insolvency (Northern Ireland) Order 1989, comes into force in relation to that person;
Contains public sector information licensed under the Open Government Licence v3.0.