Part 5

General

Charging orders

Qualifying expenses
46B
1
Qualifying expenses are expenses recoverable by a local authority under section 25(7)(b), 26(3)(b), 27(7)(b), 28(10)(b), 29(2) or (3) or 30(4)(b) and which relate to—
a
a building regulations compliance notice under section 25(3) served after the commencement of this section,
b
a continuing requirement enforcement notice under section 26(2) served after such commencement,
c
a building warrant enforcement notice under section 27(2) relating to a building served on the owner of the building after such commencement,
d
a defective building notice under section 28(1) or, as the case may be, a dangerous building notice under section 29(6), in either case served after such commencement, or
e
notice under section 29(3) or, as the case may be, works under that section without notice, in either case given or carried out after such commencement.
2
Where a charging order is made in respect of expenses incurred by a local authority in demolishing a building, references in this section, section 46A and sections 46C to 46G to a building are to be read as references to the site of the demolished building.
Ss. 46A-46H and preceding cross-heading inserted (24.1.2015) by Buildings (Recovery of Expenses) (Scotland) Act 2014 (asp 13), ss. 1(b), 3(2)