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Building Safety Regulator Charging Scheme Proposed

The proposed Building Safety (Fees and Charges) Regulations 2023 empower the Building Safety Regulator (BSR) to charge fees and recover charges for performing the relevant chargeable functions.  

The consultation has been undertaken in line with the relevant provisions of The Building Safety Act 2022.

The consultation does not include the fixed fees or hourly rates which BSR, fire, and rescue authorities Local Authority Building Control and others will ultimately charge.

These will be developed and modified as the relevant services and associated processes are designed and finalised.

The secondary legislation is to recover the costs BSR incur in carrying out its relevant statutory duties under the Building Safety Act. This is in line with HSE’s other major hazard requires, for example offshore and onshore oil, wind and marine energy.

What the Draft Contains

The draft contains:

  • Applying hourly rates
  • Applying fixed fees – uniform regulatory activities
  • Maintaining continuity and approach
  • Limiting scope of cost recovery except where BSR undertake an advisory capacity
  • The same cost will be required up front, for example registrations. Other associated fees will be invoiced
  • Prosecution costs will follow a similar cost recovery to existing HSE professionals

How Fees Will be Charged

Fees and charges will be charged as follows:

  1. Client
  2. Principal Accountable Person/Accountable Person
  3. The Applicant
  4. Building Control Professionals
  5. The Appellant
  6. The Regulated Party

There will be a queries and disputes procedure regarding and BSR fees and charges.

Keep up to date with progress and also to ensure that you include standard fees and charges for BSR services and to bear in mind the ability of BSR to charge the business for investigations of incidents, potential risks, and non-conformance of building safety for example.

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