New building control charging rules from 6 November 2026: what London homeowners need to know

On 16 October 2026 the Ministry of Housing, Communities and Local Government (MHCLG) published Circular 05/2026, drawing councils' attention to the Building (Local Authority Charges and Amendments Relating to Charging) (England) Regulations 2026 (SI 2026/1094). The regulations were made on 14 October, laid before Parliament on 15 October and come into force on 6 November 2026. In England they replace the Building (Local Authority Charges) Regulations 2010, which have governed council building control fees for more than 15 years.

For anyone in London planning an extension, loft conversion or renovation that goes through their borough's building control team, the changes affect how fees are set, when they must be paid, what happens if the council is late, and who pays when things go wrong. This article summarises the new rules from the published regulations, the circular and the government's consultation response. It is general information, not legal advice.

What the new regulations change

Fuller cost recovery, set locally

Each local authority must still make and publish its own charging scheme. Taking one financial year with another, its charges must, as far as possible, equal the costs of performing its chargeable functions and giving chargeable advice. The regulations now state expressly that those costs may include a reasonable proportion of the council's overheads, depreciation and cost of capital (regulation 5). The government's consultation response says the aim is for the cost of building control to fall on those commissioning or carrying out building work rather than on council taxpayers.

The government decided against a national flat fee, so charges will continue to vary from borough to borough. As an illustration of current levels only, Camden Council's building control fees page gives a 2026 hourly building control charge of £197.94, alongside schedules of fees based on the estimated cost of works. Other boroughs, including Islington, Wandsworth and Croydon, publish their own schedules. Existing schemes made under the 2010 rules stay in force until each council updates them (regulation 13), so treat any figure as indicative until you have checked your own borough's current scheme.

More transparency

Councils must publish a charging scheme, or any amendment to one, on their website at least seven days before it takes effect. Within six months of the end of each financial year they must also publish a statement of the charges paid, the costs incurred and any surplus or deficit, approved by the council's chief finance officer. The Chartered Institute of Public Finance and Accountancy (CIPFA) has prepared a bulletin to help councils set their charges.

A longer list of chargeable work

The 2010 regulations mainly covered plan checking, inspections, building notices, regularisation and some advice. Using a power added to the Building Act 1984 by the Building Safety Act 2022, the new regulations also let councils charge for, among other things, considering notices and certificates from private Registered Building Control Approvers, applications to relax or dispense with requirements, tests for conformity, action on dangerous or defective buildings and demolitions, powers of entry, enforcement, and appeals.

What it means for London homeowners

The free first hour of advice ends under existing schemes

Under the 2010 regulations, councils had to give the first hour of chargeable advice free. Under regulation 13(2), any such "free hour" provision in an existing scheme stops applying on 6 November 2026. The government's response says councils may still choose to offer a free first hour in the schemes they publish, so check your borough's approach before booking advice.

Pay when you apply, or the application is not valid

An application for building control approval (full plans) is not validly made unless the application charge is paid with it. A building notice is not validly given without its charge, and the same applies to a regularisation application for work already carried out without approval. Inspection charges are payable on demand once the council has given notice of them (regulation 6).

Refunds and top-up charges

If a council does not decide a full plans application within the period set by the Building Regulations, it must refund the application charge. If an officer needs to do less work than estimated, the council must refund the difference; if more, it must raise a supplementary charge, with a statement explaining the calculation. A council need not refund a late decision if you failed to supply information it asked for in reasonable time, and need not pay a refund or raise a top-up charge where the amount is less than its administrative cost of doing so (regulation 7).

If you use a private inspector

Councils can now charge private Registered Building Control Approvers for considering their initial notices, amendment notices, plans certificates and final certificates, and non-payment becomes a ground for rejecting them. The statutory periods for these documents run from the day the notice is given or the day the charge is paid, whichever is later (regulation 10). Whether a private provider passes this cost on is a commercial matter, so ask for quotes that state clearly what is and is not included.

Enforcement can be charged to whoever breaks the rules

A person must pay for council action to secure compliance, or to impose a sanction, where the council has reasonable grounds to believe that person may contravene, is contravening or has contravened the Building Act or the Building Regulations. Costs connected with a criminal investigation or prosecution, incurred after the council has laid information to start proceedings, are excluded. The government's response adds that councils should consider whether to charge for removal or alteration notices where the owner has been the victim of poor workmanship. Getting approval in place before work starts and obtaining a completion certificate at the end is the simplest protection.

Adaptations for disabled people at home remain free

Councils still must not charge for building work to an existing dwelling where all of the work is solely to provide access for, or facilities for the health, safety, welfare or convenience of, a disabled person who lives there permanently (regulation 9). The exception has been removed for buildings to which the public are admitted, and the government says it will consider the position for homes separately before making any change.

The wider picture

The reforms follow a consultation that ran from 14 November 2025 to 25 January 2026 and received 100 responses, including from the London Boroughs of Camden and Lambeth. They also respond to the Building Control Independent Panel's report, published on 20 May 2026, which found that public sector building control had been "progressively neglected". In its submission Lambeth argued that building control income "should be ringfenced and re-invested into the Building Control service"; the government says it will consider ringfencing, which would need primary legislation. A Digital Building Control Roadmap is also promised.

One further change, in regulation 11, takes effect on 24 March 2027 (24 September 2027 for higher-risk buildings). It lets building control bodies relax or dispense with certain carbon and energy requirements for new buildings where applying them would be unreasonable, timed to match the Future Homes and Buildings Standards. It mainly concerns new-build schemes rather than extensions to existing homes.

Practical checklist before you apply

1. Find your borough's current building control charging scheme and check whether a new one is due to take effect on or after 6 November 2026.
2. If you want pre-application advice, ask whether it is now charged from the first hour.
3. Budget for building control as a separate line from build costs. For indicative 2026 London construction ranges, see our house extension cost guide.
4. Pay the application or building notice charge when you submit; an unpaid application is not valid.
5. If you choose a private inspector, ask whether their fee covers the council's new charges for notices and certificates.
6. Keep copies of approvals, inspection records and the completion certificate. Our loft conversion regulations guide and guide to choosing a builder explain what to check along the way.

When you are ready to compare builders, you can request quotes. Home Builders does not carry out building work: we ask advertisers to provide proof of insurance, and any contract is between you and the builder you choose.

Sources: The Building (Local Authority Charges and Amendments Relating to Charging) (England) Regulations 2026, SI 2026/1094 (regulations 1, 4 to 7, 9, 10, 11 and 13); MHCLG Circular 05/2026 and circular letter, 16 October 2026; MHCLG: Building charges reform, government response to the consultation; MHCLG consultation: Building control: charges, notices and certificates; Building Control Independent Panel report; Camden Council: fees and charges on building control (illustrative 2026 hourly rate); MHCLG: Future Homes and Buildings Standards, Circular 01/2026; Planning Portal building control guidance. This article is a summary, not legal advice; confirm charges and procedures with your borough's building control service.

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