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Building Safety Regulator’s first charging scheme comes into effect

09 October 2023

THE BUILDING Safety Regulator’s first charging scheme came into effect on 1 October. The scheme, which has been created under the Building Safety (Regulator’s Charges) Regulations 2023, will enable cost recovery. The latter is a key element of the Building Safety Regulator’s funding.

The charging scheme explains the chargeable functions, the trigger for each chargeable activity, who’s required to pay for the chargeable activity, what the amount payable will comprise and the relevant legislation for that activity.

The Building Safety Regulator will recover the costs for delivering its chargeable functions under the aforementioned regulations in accordance with the Building Safety Regulator charging scheme. This also includes the recovery of costs incurred by a relevant authority or third party as they support the Building Safety Regulator in carrying out its functions.

The Hackitt Review recommended a cost recovery regime be developed to incentivise duty holders to ‘do the right thing’. The approach now being taken is purpose-designed to ensure that:

*those incurring the greatest effort will pay the greatest amount, with the more compliant incurring the least cost (meaning that costs are, to a large extent, in the duty holder’s own hands)

*charges are made and recovered on a cost recovery basis only (the Building Safety Regulator will therefore keep the charging model under review and charges can be adjusted as needed)

*the regime is as transparent, fair, flexible and accountable as it can possibly be

The higher-risk building sector includes significant hazards, risks and issues of public concern. The Building Safety Regulator will ensure that the amount of regulatory effort and associated costs incurred by duty holders duly reflects the risk profile and necessary regulatory intervention and also that the regime is both proportionate and efficient.

Charges will remain as they are until the scheme is reviewed and replaced by a later published version. Any future changes to the charging scheme will be published at least seven days prior to them coming into force.

*Further information is available on the Health and Safety Executive’s website