26/10/2026
Councils gain wider powers to recover building control costs
Local authorities in England will be able to recover costs for a wider range of building control activities under new regulations coming into force on 6 November 2026.
The regulations replace rules introduced in 2010 and expand the functions for which councils can charge on a full cost-recovery basis. The changes were subject to a government consultation on building control charges, notices and certificates.
Additional chargeable activities include accepting, rejecting or considering notices and certificates submitted by private-sector Registered Building Control Approvers; carrying out tests to check compliance with Building Regulations; issuing notices concerning defective premises, dangerous buildings, ruinous and dilapidated buildings and neglected sites; and taking action relating to the demolition of buildings. Councils can also charge for exercising powers of entry by authorised officers, securing compliance with the Building Act 1984 or Building Regulations, and imposing sanctions for breaches of these requirements.
Councils must publish their charging schemes on their websites at least seven days before they take effect and publicise the scheme’s commencement date and where it can be inspected. Recoverable costs may include a reasonable proportion of overheads, depreciation and the cost of capital. Local authorities must also publish annual statements online setting out charges paid, costs incurred and any resulting surplus or deficit.
Existing charging schemes will remain in force until updated under the new regulations. Most provisions come into force on 6 November 2026, while Regulation 11 takes effect on 24 March 2027 for most cases and 24 September 2027 for higher-risk buildings.
For further information, read the government’s circular on the new regulations.
