The Building (Prescribed Fees) Regulations 1994

PART I: GENERAL

Citation and commencement

1.  These Regulations may be cited as the Building (Prescribed Fees) Regulations 1994 and shall come into force on 1st October 1994.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Building Act 1984;

“the Approved Inspectors Regulations” means the Building (Approved Inspectors etc.) Regulations 1985(1);

“building” has the meaning it has in the Principal Regulations and includes a proposed building;

“building notice” has the meaning it has in the Principal Regulations;

“building notice fee” has the meaning given in regulation 4(c);

“cost” does not include any professional fees paid to an architect, quantity surveyor or any other person;

“deposited plans” means plans deposited with the local authority in accordance with regulation 13 of the Principal Regulations;

“dwelling” includes a proposed dwelling;

“estimate”, in relation to the cost of carrying out work, means an estimate, accepted by the local authority, of such reasonable amount as would be charged for the carrying out of that work by a person in business to carry out such work, and references to “estimated cost” shall be construed accordingly;

“exempt building” means a building specified in Classes I to VI of Schedule 2 to the Principal Regulations;

“inspection fee” has the meaning given in regulation 4(b);

“plan fee” has the meaning given in regulation 4(a);

“the Principal Regulations” means the Building Regulations 1991(2);

“regularisation fee” has the meaning given in regulation 4(e);

“reversion fee” has the meaning given in regulation 4(d);

“small domestic building” means a building used or intended to be used wholly for the purposes of one or more private dwelling-houses or flats, none of which has a total floor area exceeding 250 square metres, the whole of which building is—

(a)

shown on plans deposited for the purposes of section 16 of the Act; or

(b)

shown on plans accompanying a building notice; or

(c)

shown on plans given to the local authority in accordance with regulation 18 of the Approved Inspectors Regulations,

but does not include a building which has more than three storeys, each basement level being counted as one storey;

“work” means—

(a)

the erection or extension of a building,

(b)

the alteration of a building,

(c)

the installation of a service or fitting;

“work reverting to local authority control” means any work in relation to a building in respect of which plans are required by the local authority in accordance with regulation 18(2)(a)(i) of the Approved Inspectors Regulations, and—

(a)

which has been substantially completed; or

(b)

in relation to which plans for further work are given to the local authority in accordance with regulation 18(3) of the Approved Inspectors Regulations.

(2) In these Regulations—

(a) the total floor area of a dwelling is the total of the floor areas of all the storeys in it, excluding the floor area of any integral garage or carport; and

(b) the total floor area of an extension of a dwelling is the total of the floor areas of all the storeys in the extension; and

(c) the floor area of—

(i) any storey of a dwelling or extension; or

(ii) a garage or carport,

is the total floor area calculated by reference to the finished internal faces of the walls enclosing the area, or, if at any point there is no enclosing wall, by reference to the outermost edge of the floor.

(3) In these Regulations, unless the context otherwise requires—

(a) any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations which bears that number; and

(b) any reference in a regulation or a Schedule to a numbered paragraph is a reference to the paragraph which bears that number in that regulation or Schedule.

(1)

S.I. 1985/1066.

(2)

S.I. 1991/2768; relevant amendments are made in S.I. 1994/1850.