Details of the Building Safety Regulator (BSR) Charging Scheme have been published, ahead of its implementation on 1 October 2023. We explain what's chargeable, the triggers for costs and who is responsible for paying.
The government said the scheme will ensure that "those benefiting from the service bear the cost." It added: "Those whose activities need the highest level of intervention and oversight will pay the highest cost."
The Building Safety Regulator (BSR) was been established by the Health and Safety Executive (HSE) to undertake three core functions, including implementing the new, more stringent regulatory regime for buildings which meet the higher-risk building (HRB) definition in the Building Safety Act, overseeing the safety and standards of all buildings, and assisting and encouraging competence among the built environment industry and the building control profession.
"Those whose activities need the highest level of intervention and oversight will pay the highest cost"
Sections 28 of the Building Safety Act2 and 105B of the Building Act 19843 provide the powers for BSR to make and recover charges in connection with the performance of a relevant function. These chargeable functions are defined in the Building Safety (Regulator’s Charges) Regulations 20234 (the regulations).
The scheme is not dissimilar to the HSE's Fee for Intervention Scheme, which charges a business if it fails to meet its health and safety legal obligations and the costs to put it right.
What will be chargeable under the BSR Charging Scheme?
As an example, the submission and consideration of a building control application for HRB work or stage of HRB work or other work where BSR is the Building Control authority will be assessed by the BSR to decide whether the application is in accordance with building regulations and make the decision to reject or approve the application. BSR assessment may include but is not limited to requesting further information such as plans, documents and prescribed documents for approval. This will incur a charge of £180 with application; plus £144 per hour worked for BSR staff; plus any costs to BSR of relevant authorities and third parties. The costs will be charged to the Client.
The scheme, which was published on 21 September, explains:
- the chargeable functions
- the trigger for each chargeable activity
- who is required to pay for the chargeable activity
- what the amount payable will be made up of
- the relevant legislation for that activity.
This information is supplemented by annexes that explain how charges are calculated, how payments and repayments are processed, and the queries and disputes process.