The Building Control Profession (Charges) (Wales) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the recovery of charges for and in connection with the performance of the Welsh Ministers’ functions under Part 2A of the Building Act 1984 (“Part 2A”). Part 2A, which is inserted by section 42 of the Building Safety Act 2022, makes provision in relation to the regulation of the building control profession and oversight of those exercising building control functions.

Regulation 3 authorises the Welsh Ministers to recover charges for or in connection with the functions listed in that regulation (“chargeable functions”).

Regulation 4 provides that the amount of any charge must be determined in accordance with a charging scheme made and published by the Welsh Ministers. Under the scheme the charges payable must, as far as possible and taking one year with another, reflect the costs incurred in undertaking the chargeable functions. Provision is made for the charging scheme to be amended and for the publication of the scheme and any amendments.

Regulations 5 to 7 specify the circumstances in which a particular person is responsible for paying the charges specified in those regulations.

Regulation 8 makes provision in relation to the payment and recovery of charges, including provision in relation to timings and statements of work.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.