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Roger Mills Roger Mills is offline
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Default Part P and council charging for tests - and refuting ODPM circular guidance note

In an earlier contribution to this discussion,
dg wrote:

Firstly, I'm aware of Part P clause 1.26 etc, and Anne Hemmings'
letter to all councils dated 30/3/06 advising that the costs in
testing are at the councils expense and not the homeowners.

A local council is asking for a regularisation fee to certify the
electrics done on an extension which was done under full plans route.
Having been asked to clarify their position regarding the authority to
charge any extra fee for the electrical testing, the councils written
response states a number of points to support their right to charge.

1. Local Authorities must fully recover the costs in carrying building
control functions and they must ensure that any charges for checking
full plans/building notices are pre-fixed in their charges scheme as
required by the Building (Local Authority Charges) Regulations 1998.

2. The full plans application was accompanied by a statement that "All
electrical work must be designed, installed and tested by a person
competent to do so".

3. Supervision of Part P electrical installation work was not included
in the fees levied at the time the application was deposited. Had it
been stated at that time of that the electrical work was to be carried
out by someone not registered to self-certify, a fee would have been
levied.

4. The electrical installation should have been notified to the
Council before work commenced and the appropriate fee paid in
accordance with the scheme of published charges

All these seems nonsense to me as it is all factually correct, but
does not actually explain the councils authority to charge extra to
check the electrics. It is obvious that the extension would include
electric work, and the council are saying that they would have charged
an additional fee at the time of checking the plans "had they of
known" that they would be checking the electrics - which is blatantly
contrary to Anne Hemmings clarification.

Any pointers as to how to respond?

dg


Ask to see a copy of the scale of fees which applied at the time and showing
the additional fee for electrical testing. If there is no such document,
you'll have called their bluff in one go.

If they *do* produce it, you can challenge its valididy in the light of Anne
Hemmings' letter - taking it up with your MP and with the ODPM (or whatever
it's called today!) if necessary.
--
Cheers,
Roger
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