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Public Notice - NMD Building Control Building Safety Regulator Cost Reimbursement Hourly Rate

The Building Safety Act 2022 establishes the Building Safety Regulator (BSR) within the Health and Safety Executive (HSE).

The BSR will have three main functions:

  • Leading implementation of the new regulatory regime for higher-risk buildings (which includes high-rise buildings).
  • Helping and encouraging the built environment industry and building control professionals to improve their competence and organisational capability; and
  • Overseeing the safety and standards of all buildings.

BSA22 makes provisions for regulations that authorise BSR to make and recover charge for, or in connection with, the performance of its relevant (“chargeable”) functions in accordance with a charging scheme published by it.

Following a public consultation, BSR has made proposals for regulations and an underpinning BSR Charging Scheme.

The proposed regulations authorise BSR to recover costs for its reimbursement of relevant authorities for any action they have taken in compliance with a BSR request or direction for assistance made under Section 13 of BSA22.

As a relevant authority, where NMD Building Control are called upon to assist the BSR it will seek to be reimbursed its costs.

NMD Building Control’s Cost Reimbursement Rate to assist the BSR from October 2023- April 2024 will be £83.52 an hour.

The charging scheme, which must be used to determine any costs payable under the regulations, sets out in its schedules the different activities under the chargeable functions. Each schedule also indicates where the cost recovered for an activity may include the costs of relevant authorities’ effort.

For reimbursement purposes, relevant authorities should independently determine their hourly reimbursement rates on a cost recovery only basis in line with the relevant elements of Managing Public Money and the Chartered Institute of Public Finance and Accountancy (CIPFA) local authority building control accounting guidance.

You are defined as a relevant authority under BSA 22 and these regulations and charging scheme will apply where BSR makes a request or direction under Section 13 for the expertise and/or assistance of your local authority building control team to support or facilitate the fulfilment of an activity under any of the relevant charging scheme schedules.