The Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for fees in respect of applications to, and hearings before, leasehold valuation tribunals (including cases transferred from a court). These Regulations apply in relation to any application or proceedings transferred to a tribunal on or after 31st March 2004 in respect of premises in Wales.

They replace, with amendments, the Leasehold Valuation Tribunals (Fees) Order 1997 (S.I. 1997/1852) (“the 1997 Order”).

Regulation 3 prescribes the fees payable for applications to tribunals. In the case of applications relating to —

• liability to pay service charge or administration charge;

• the amount of the insurance premium; or

• the variation of leases because of administration charge,

the fee is calculated by reference to the value of the application.

In the case of applications relating to —

• dispensing with consultation requirements;

• the suitability of a proposed insurer;

• the appointment of a manager; or

• the variation of leases,

the fee is calculated by reference to the number of dwellings the application relates to.

Regulation 4 prescribes that the fee payable where a court transfers proceedings to a tribunal shall be calculated as if the application had been made directly to the tribunal, less any fees paid to the court on or before the date of the order transferring the proceedings. The equivalent fees provided for in the 1997 Order were set at £150. As the fee is now variable the minimum fee now payable is £50, a reduction of 66.6%, while the maximum fee payable is £350, an increase of 133.3%.

Regulation 5 prescribes a set hearing fee of £150. Under the 1997 Order the hearing fee was variable, the minimum fee payable was £150 and the maximum fee payable was £350. Under these Regulations there is a reduction of the hearing fee of 57.1% in relation to cases that used to attract the maximum fee.

Regulation 6 provides that a fee payable under regulation 3 shall accompany the application and a fee payable under regulations 4 and 5 will be payable within 14 days of a written request for payment.

Regulation 7 contains provisions dealing with liability to pay the fees due under these Regulations. In particular —

• where an application is brought by more than one person;

• where more than one application is heard together; and

• where there is a representative application,

the fee is apportioned and each person is liable to pay a a portion.

Regulation 8 provides for liability to pay fees to be waived where a person or that person’s partner is in receipt of specified benefits and for fees to be reduced where there is more than one person liable to pay a fee and at least one person is in receipt of such benefits. For the purposes of this regulation “partner” can include a person of the same sex.

Regulation 9 provides for the reimbursement of fees.

A Regulatory Appraisal has been prepared in connection with these Regulations. A copy may be obtained from the Housing Directorate, the National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ (Tel [phone]).