Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.

Draft Regulations laid before Parliament under section 120A(7) of the Building Act 1984, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2025 No.

BUILDING AND BUILDINGS, ENGLAND

The Building Safety Levy (England) Regulations 2025

Made

***

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1), 47(1), (2) and (5), 50(4) and (6), 51(1), 51A(2) and (3), 105C(1), (3), (5), (6) and (8) and 120A(2) and (3) of the Building Act 1984(1).

In accordance with section 120B(3) of the Building Act 1984, the Secretary of State has consulted the regulator (which has the meaning given in section 126 of the Building Act 1984) and such other persons as the Secretary of State considers appropriate.

In accordance with section 120A(7) of that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Part 1INTRODUCTORY

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Building Safety Levy (England) Regulations 2025.

(2) These Regulations come into force on 1st October 2026.

(3) These Regulations extend to England and Wales.

(4) These Regulations apply in relation to England only.

(5) These Regulations do not apply in relation to any building control application made before the day on which these Regulations come into force (“commencement date”).

(6) These Regulations do not apply to—

(a)a variation application made on or after the commencement date, or

(b)a commencement notice given on or after the commencement date,

if the variation application or commencement notice relates to an original application which was made before the commencement date.

Interpretation

2.—(1) In these Regulations—

“the 1984 Act” means the Building Act 1984;

“the 2010 Regulations” means the Building Regulations 2010(2);

“bedspace” has the meaning given by regulation 6 (4);

“building”, except in regulation 21, means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;

“building control application” has the meaning given by regulation 5 (1);

“building safety levy” has the meaning given by regulation 3;

“building safety levy information” has the meaning given in—

(a)

in relation to a higher-risk building application or an updated application where the variation application is a change control application, regulation 17A of the HRB Regulations(3);

(b)

in relation to an application for building control approval with full plans or a section 91ZB application, regulation 14ZA of the 2010 Regulations(4);

(c)

in relation to an updated application where the variation application is a subsequent application for building control approval with full plans or a subsequent section 91ZB application, regulation 14ZA of the 2010 Regulations;

(d)

in relation to an initial notice(5), the Annex to Form 1 or as the case may be Form 4 in Schedule 1 to the RBCA Regulations(6);

(e)

in relation to an updated application where the variation application is an amendment notice(7), the Annex to Form 2 in Schedule 1 to the RBCA Regulations(8);

“chargeable application” means a building control application that is chargeable under regulation 15 (1);

“collecting authority” has the meaning given by regulation 4;

“commenced”, in relation to building work, has the meaning given by regulation 14;

“commencement notice” has the meaning given by regulation 14 (2);

“communal space for residents” has the meaning given by regulation 11;

“compliant commencement notice” has the meaning given in regulation 38 (10);

“contact information”, in relation to a person, means the person’s name, address, telephone number and, if available, e-mail address;

“development” has the same meaning as in section 55 of TCPA 1990(9);

“exempt building” is defined in regulation 7 (2);

“exempt person” has the meaning given by regulation 13;

“financial quarter” means the period of 3 months ending with the last day of March, June, September or December;

“gross internal area” has the meaning given by regulation 12;

“higher-risk building application” means—

(a)

a building control approval application for HRB work;

(b)

a building control approval application for a stage of HRB work;

(c)

a building control approval application for work to existing HRB;

“the HRB Regulations” means the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023(10);

“levy charging information” has the meaning given in—

(a)

in relation to a higher-risk building application or an updated application where the variation application is a change control application, regulation 17B of the HRB Regulations(11);

(b)

in relation to an application for building control approval with full plans or a section 91ZB application, regulation 16A of the 2010 Regulations(12);

(c)

(d)

in relation to an initial notice or an updated application where the variation application is an amendment notice, regulation 15A of the RBCA Regulations(13);

“levy determination notice” means—

(a)

a notice of no charge;

(b)

a levy liability notice;

“levy information spot check” has the meaning given by regulation 46;

“levy liability amount” has the meaning given by regulation 37 (3)(a);

“levy liability notice” has the meaning given by regulation 39;

“levy payment certificate” has the meaning given by regulation 56;

“levy update application” has the meaning given by regulation 53;

“levy update notice” has the meaning given by regulation 52;

“major residential development” has the meaning given by regulation 6;

“named client” has the meaning given by regulation 23;

“notice of no charge” has the meaning given by regulation 40;

“ordinary residential dwelling” has the meaning given by regulation 8;

“original application”, in relation to a variation application or an updated application, has the meaning given by regulation 42 (1)(a);

“part of a wider development” has the meaning given by regulation 15 (4);

“planning permission” has the meaning given in section 336(1) of TCPA 1990(14);

“pre-commencement updated application” means an updated application, or a copy of it, which is received by the collecting authority before the first compliant commencement notice, or a copy of it, in relation to the original application is received by the collecting authority;

“previous development condition” has the meaning given by regulation 20 (3);

“purpose-built student accommodation” has the meaning given by regulation 9;

“the RBCA Regulations” means the Building (Registered Building Control Approvers etc.) (England) Regulations 2024(15);

“receipt date” in relation to a building control application has the meaning given by regulation 38 (2) and, in relation to a levy update application means the date referred to in regulation 53 (2)(b);

“relevant residential building” has the meaning given by regulation 7 (3);

“residential building” has the meaning given by regulation 7 (1);

“residential floorspace” has the meaning given by regulation 10;

“revised levy determination notice” has the meaning given by regulation 67 (6);

“section 91ZB application” means an application for building control approval with full plans relating to building work in respect of which the regulator is the building control authority under section 91ZB(2) of the 1984 Act(16);

“set of levy information” has the meaning given by regulation 46 (3);

“social housing” has the meaning given by paragraph 1 of Schedule 2;

“supported housing” has the meaning given by paragraph 7 of Schedule 2;

“TCPA 1990” means the Town and Country Planning Act 1990;

“updated application” has the meaning given by regulation 42 (2)(a);

“variation application” has the meaning given by regulation 41;

“working day” means a day other than—

(a)

a Saturday or Sunday;

(b)

Christmas Day or Good Friday;

(c)

a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971(17).

(2) The following terms have the same meaning as in the 2010 Regulations(18)—

“application for building control approval with full plans”;

“building work”.

(3) The following terms have the same meaning as in the HRB Regulations(19)—

“building control approval application for a stage of HRB work”;

“building control approval application for HRB work”;

“building control approval application for work to existing HRB”;

“change control application”;

“completion certificate application”;

“partial completion certificate application”.

(4) If a named client does not agree to receive a notice under these Regulations by e-mail the collecting authority may give the notice to the named client by sending it to the address provided in the contact information set out in the building control application.

(5) Any notice, notification or other document required by these Regulations to be given to a collecting authority or building control authority may be given online using an electronic portal authorised by a collecting authority or building control authority to be used for that purpose.

Part 2BUILDING SAFETY LEVY: GENERAL PROVISION

Building safety levy

3. A levy, called “building safety levy”, is to be charged in accordance with these Regulations.

Designation of collecting authorities

4.—(1) Subject to paragraph (2), the local authority(20) for the area in which a building or proposed building to which a building control application relates is or is to be situated is designated as the person to whom the building safety levy in relation to such an application is to be paid.

(2) If a building or proposed building to which a building control application relates is or is to be situated in the areas of more than one local authority, the local authority in whose area the greater part of the building is or is to be situated is designated, in respect of the whole of the building, as the person to whom the building safety levy in relation to such a building is to be paid.

(3) If—

(a)the application referred to in paragraph (1) is a higher-risk building application, and

(b)the building work to which the application relates is to be carried out in the areas of more than one local authority,

then any reference in these Regulations (except in paragraphs (1) and (2)) to that application as it applies in relation to a collecting authority is to be treated as a reference to the part of the application in relation to which the authority is designated under this regulation.

(4) For the purposes of these Regulations, a “collecting authority” is a local authority designated under paragraph (1) or (2).

Part 3KEY CONCEPTS

“Building control application”

5.—(1) Each of the following is a “building control application”—

(a)an application for building control approval with full plans;

(b)an initial notice;

(c)a higher-risk building application;

(d)an updated application.

(2) A building control application is “made”—

(a)in the case of an application for building control approval with full plans, if the application is given, in accordance with regulation 14 of the 2010 Regulations(21)—

(i)to a local authority, or

(ii)if the application is a section 91ZB application, to the regulator;

(b)in the case of an initial notice, if the notice is given to a local authority in accordance with section 47(1)(a) of the 1984 Act;

(c)in the case of a higher-risk building application, if the application is submitted to the regulator in accordance with regulations 3(a) and 4, or 11(1)(a) and 12, of the HRB Regulations;

(d)in the case of an updated application, in the circumstances described in regulation 42 (3).

“Major residential development” etc

6.—(1) Subject to paragraphs (2) and (3), “major residential development” means development resulting in the provision of—

(a)at least 10 dwellings, or

(b)at least 30 bedspaces in purpose-built student accommodation.

(2) If development relates to a building which, immediately before the development, contains dwellings (the “pre-development dwellings”) and after the development the building contains a different number of dwellings (the “post-development dwellings”) then, for the purposes of paragraph (1), the development only results in the provision of at least 10 dwellings if the number of post-development dwellings is at least 10 more than the number of pre-development dwellings.

(3) If development relates to a building which, immediately before the development, contains bedspaces in purpose-built student accommodation (the “pre-development bedspaces”) and after the development the building contains a different number of bedspaces (the “post-development bedspaces”) then, for the purposes of paragraph (1), the development only results in the provision of at least 30 bedspaces in purpose-built student accommodation if the number of post-development bedspaces is at least 30 more than the number of pre-development bedspaces.

(4) “Bedspace”, in relation to purpose-built student accommodation, means a sleeping area for one person (which may be in the same room as a bedspace for another person).

“Residential building” and “relevant residential building”

7.—(1) “Residential building” means a building that—

(a)is wholly situated in England;

(b)consists of, or contains—

(i)one or more dwellings, or

(ii)one or more bedspaces in purpose-built student accommodation, and

(c)is not an exempt building.

(2) Schedule 1 makes provision about the meaning of “exempt building”.

(3) A residential building is a “relevant residential building”, for the purposes of these Regulations, if it consists of or contains—

(a)at least one ordinary residential dwelling,

(b)at least one bedspace in purpose-built student accommodation, or

(c)communal space for residents.

(4) In these Regulations—

(a)references to a residential building include references to a proposed residential building, and

(b)references to a relevant residential building, apart from the references in regulations 17 (2) and 18 (2), include references to a proposed relevant residential building.

“Ordinary residential dwelling”

8.—(1) For the purposes of these Regulations, a dwelling is an “ordinary residential dwelling” unless it is—

(a)social housing,

(b)supported housing, or

(c)exempt accommodation, if and so far as the accommodation would otherwise be a dwelling.

(2) Schedule 2 makes further provision about each of the exemptions referred to in paragraph (1).

“Purpose-built student accommodation” etc

9.—(1) “Purpose-built student accommodation” means a building, or part of a building, that is designed or adapted for occupation solely or principally by persons undertaking a full-time course of further or higher education at a qualifying institution.

(2) “Qualifying institution” has the same meaning as it has in Part 2 of the Higher Education Act 2004(22).

(3) References in these Regulations to a dwelling do not include references to purpose-built student accommodation.

“Residential floorspace”

10. “Residential floorspace” means the gross internal area of each of the following—

(a)an ordinary residential dwelling;

(b)purpose-built student accommodation;

(c)communal space for residents.

“Communal space for residents”

11.—(1) “Communal space for residents” means an area of a residential building, other than an excluded area, which is—

(a)wholly or mainly for the benefit of the occupants of relevant residential units, or

(b)wholly or mainly for the benefit of both—

(i)the occupants of relevant residential units, and

(ii)the occupants of other units.

(2) In paragraph (1)—

(a)“relevant residential units” means—

(i)ordinary residential dwellings, and

(ii)bedspaces in purpose-built student accommodation;

(b)“other units” means—

(i)dwellings that are not ordinary residential dwellings, and

(ii)other areas of a building that are designed for occupation but are neither dwellings nor bedspaces in purpose-built student accommodation.

(3) The following are “excluded areas” for the purposes of paragraph (1)—

(a)an ordinary residential dwelling;

(b)an area that consists of purpose-built student accommodation;

(c)an area that is designed to be used wholly or mainly by the general public.

(4) Where building work to which a building control application relates is part of a wider development, in determining whether an area referred to in paragraph (1) is wholly or mainly for the benefit of the occupants of relevant residential units or, as the case may be, of other units, regard is to be had to all such units in all of the buildings across the wider development.

“Gross internal area”

12. For the purposes of the application of any provision of these Regulations, the “gross internal area” of a dwelling, purpose-built student accommodation or an area within a building is to be measured—

(a)in accordance with the Code of Measuring Practice (6th edition)(23), and

(b)in square metres, rounded to the nearest whole number (where 0.5 or more is rounded up).

Exempt person: non-profit registered providers of social housing

13.—(1) “Exempt person” means—

(a)a non-profit registered provider of social housing(24);

(b)a company that is a wholly-owned subsidiary of a non-profit registered provider of social housing.

(2) For the purposes of paragraph (1), a company is a wholly-owned subsidiary of a non-profit registered provider of social housing (the “registered provider”) if the company has no members except—

(a)the registered provider or persons acting on behalf of the registered provider;

(b)the registered provider’s wholly-owned subsidiaries or persons acting on behalf of the registered provider’s wholly-owned subsidiaries.

Commencement of building work

14.—(1) Building work is to be regarded as “commenced”, for the purposes of any provision of these Regulations, if it is regarded as commenced—

(a)in accordance with regulation 46A of the 2010 Regulations(25), for the purposes of—

(i)section 32(6) of the 1984 Act,

(ii)regulation 9 of the HRB Regulations, or

(iii)regulation 17 of the HRB Regulations, or

(b)in accordance with regulation 16 of the RBCA Regulations, for the purposes of section 53A(6) of the 1984 Act(26).

(2) “Commencement notice” means—

(a)a notice given to the regulator under regulation 9(3) of the HRB Regulations,

(b)a notice given to the regulator under regulation 17(3) of the HRB Regulations,

(c)in relation to an application for building control approval with full plans or a section 91ZB application, a notice given under regulation 16(3C) of the 2010 Regulations(27), or

(d)in relation to an initial notice, a notice given under regulation 15(2) of the RBCA Regulations.

Part 4CHARGE TO THE LEVY

Charge to building safety levy

15.—(1) A building control application is “chargeable”, subject to the exception in paragraph (2), if—

(a)the building work to which the application relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use) or an existing building with an increased total area of residential floorspace (whether by extension or change of use), and

(b)the building work to which the application relates—

(i)is major residential development, or

(ii)is part of a wider development which is major residential development.

(2) But a building control application is not chargeable if the named client (or, if there is more than one named client, each of them) in relation to the application is an exempt person.

(3) The charge to building safety levy becomes payable, in respect of a chargeable application, when a levy liability notice or a revision to a levy liability notice is given in relation to the application.

(4) Building work is “part of a wider development” if—

(a)some or all of the building work is permitted to be carried out pursuant to a planning permission, granted before or after the building control application is submitted, for a wider development, or

(b)the building work affects only the interior of a building or buildings and is carried out as part of a wider development for which a planning permission is granted, whether before or after the building control application is submitted.

Amount charged

16.—(1) The amount of building safety levy charged in respect of a chargeable application is the amount given by—

(a)applying the formula in paragraph (2) in relation to each relevant residential building to which the application relates, and

(b)if the application relates to more than one relevant residential building, adding together the amounts determined under sub-paragraph (a).

(2) The formula is—

where—

A is the amount of chargeable accommodation floorspace in relation to the relevant residential building (determined in accordance with regulation 17);
C is the chargeable amount of communal floorspace in relation to the relevant residential building (determined in accordance with regulations 18 and 19);
R is the applicable area rate (determined in accordance with regulation 20).

(3) But if the amount given by the formula in paragraph (2) is a negative number, the amount in relation to the building is treated as being nil.

(4) Where the building control application relates to part of a relevant residential building references in this regulation and in regulations 17 to 19 to the building are to be treated as references to the part of the building to which the application relates.

Chargeable accommodation floorspace

17.—(1) This regulation applies for the purposes of determining the amount of chargeable accommodation floorspace under the formula in regulation 16(2).

(2) The amount of “chargeable accommodation floorspace” in relation to a building is—

(a)if the building was a relevant residential building at the time the chargeable application was made, the amount given by taking Steps 1 to 3 in paragraph (3), and

(b)in any other case, the amount given by taking Step 1 in paragraph (3).

(3) The steps are—

Step 1
Calculate the total amount of the building’s accommodation floorspace, if any, on completion of the building work to which the chargeable application relates assuming, for the purposes of the calculation, that the building work is carried out in accordance with—
(a)
the application, and
(b)
the planning permission, or as the case may be the development consent under section 31 of the Planning Act 2008(28), for the development to which the building work relates.
Step 2
Calculate the total amount of the building’s accommodation floorspace at the time the application was made.
Step 3
Deduct the amount given by Step 2 from the amount given by Step 1.

(4) In this regulation “accommodation floorspace” means residential floorspace that is within—

(a)regulation 10 (a);

(b)regulation 10 (b).

Chargeable amount of communal floorspace: general

18.—(1) This regulation applies for the purposes of determining the chargeable amount of communal floorspace under the formula in regulation 16(2).

(2) The “chargeable amount of communal floorspace” in relation to a building is—

(a)if the building was a relevant residential building at the time the chargeable application was made, the amount given by taking Steps 1 to 3 in paragraph (3), and

(b)in any other case, the amount given by taking Step 1 in paragraph (3).

(3) The steps are—

Step 1
In relation to each post-completion area of residential floorspace which falls within regulation 10 (c), if any—
(a)
calculate the amount of that residential floorspace,
(b)
determine, in accordance with regulation 19, the “relevant percentage” in relation to the area,
(c)
calculate the relevant percentage of the amount given by sub-paragraph (a), and
(d)
if there is more than one area of communal space for residents, add together the amounts given by paragraph (c).
Step 2
If, at the time the chargeable application was made, there is at least one area of communal space for residents, repeat Step 1 in relation to each pre-commencement area of residential floorspace which falls within regulation 10 (c).
Step 3
Deduct the amount given by Step 2 from the amount given by Step 1.

(4) In this regulation—

(a)references to a “post-completion” area are references to the area on completion of the building work to which the chargeable application relates assuming, for the purposes of the calculation, that the building work is carried out in accordance with—

(i)the application, and

(ii)the planning permission, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development to which the building work relates, and

(b)references to a “pre-commencement” area are references to the area at the time the application was made.

Chargeable amount of communal floorspace: “relevant percentage”

19.—(1) In relation to an area of communal space for residents which falls within regulation 11 (1)(a), the relevant percentage is 100%.

(2) In relation to an area of communal space for residents which falls within regulation 11 (1)(b), the relevant percentage is determined as follows—

Step 1
Calculate in relation to the area of communal space for residents—
(a)
the gross internal area of each of the relevant residential units which falls within regulation 11 (1)(b)(i), and
(b)
the total of the amounts given by paragraph (a).
Step 2
Calculate in relation to the area of communal space for residents—
(a)
the gross internal area of each of the other units which falls within regulation 11 (1)(b)(ii), and
(b)
the total of the amounts given by paragraph (a).
Step 3
Apply the following formula—
where—
(a)
P is the relevant percentage,
(b)
U is the amount given by paragraph (b) of Step 1, and
(c)
O is the amount given by paragraph (b) of Step 2.

Applicable area rate

20.—(1) This regulation applies for the purposes of determining the applicable area rate under the formula in regulation 16(2).

(2) The “applicable area rate”, in relation to a relevant residential building, means—

(a)if the previous development condition in paragraph (3) is met in respect of the chargeable application, the area rate in relation to the collecting authority for the relevant residential building shown in column 2 of the table in Schedule 3, and

(b)in any other case, the area rate in relation to the collecting authority for the relevant residential building shown in column 3 of the table in Schedule 3.

(3) The “previous development condition” is that—

(a)the building work to which the chargeable application relates is to be carried out in relation to development for which planning permission is granted by the Town and Country Planning (General Permitted Development) (England) Order 2015(29), or

(b)the building work to which the application relates is to be carried out on a previously developed site (as defined in regulation 21).

Previously developed sites

21.—(1) A site is a previously developed site if immediately before the relevant date at least 75% of the land to which the relevant planning permission relates is previously developed.

(2) Land is “previously developed” if, on or after 1st July 1948, a building was situated on the land, whether or not that building is situated on the land on the relevant date.

(3) But paragraph (2) is subject to the exceptions in paragraph (4).

(4) Land is not “previously developed” at a particular time if, at that time—

(a)a building used for the purposes of agriculture or forestry is situated on the land,

(b)the building that was most recently situated on the land was a building used for the purposes of agriculture or forestry,

(c)the land has been developed for minerals extraction, or

(d)the land has been developed for waste disposal by landfill.

(5) In this regulation—

“agriculture” has the meaning given by section 336 of TCPA 1990;

“building” has the meaning given by section 336 of TCPA 1990 instead of the meaning given by regulation 2;

“forestry” includes afforestation;

“relevant date” means the earlier of—

(a)

the date on which the relevant planning permission was granted, or

(b)

the date on which any development authorised by the relevant planning permission was begun;

“relevant planning permission” means—

(a)

if there is a sequence of planning permissions for development of the land to which the building work referred to in regulation 20(3) relates and the second and any subsequent planning permission is a section 73 planning permission, the first planning permission in the sequence, and

(b)

in any other case, the planning permission for development of the land to which the building work referred to in regulation 20(3) relates;

“section 73 planning permission” means a planning permission granted on an application made under section 73 of TCPA 1990.

Part 5LIABILITY TO PAY THE LEVY

Liability of named client to pay the levy

22. The named client in relation to a chargeable application is liable to pay the amount of building safety levy charged in respect of the application.

“Named client”

23. Schedule 4 makes provision about the meaning of “named client” in relation to each kind of building control application.

Levy due date

24.—(1) Building safety levy charged in respect of a chargeable application must be paid on or before the earlier of—

(a)the completion notice date, and

(b)the first date of occupation.

(2) The “completion notice date” means—

(a)in the case of an application for building control approval with full plans, the date on which a notice under regulation 16(4) of the 2010 Regulations is given, in relation to any of the building work to which the application relates, to the building control authority;

(b)in the case of an initial notice, the date on which a notice is given, in relation to any of the building work to which the application relates, to the registered building control approver(30) under regulation 18 of the RBCA Regulations;

(c)in the case of a higher-risk building application the earlier of—

(i)the date on which a completion certificate application, in relation to any of the building work to which the higher-risk building application relates, is made to the regulator under regulation 40(1) of the HRB Regulations, or

(ii)the date on which a partial completion certificate application, in relation to any of the building work to which the higher-risk building application relates, is made to the regulator under regulation 45(2) of the HRB Regulations.

(3) The “first date of occupation” means—

(a)if the chargeable application relates to one relevant residential building or part of one relevant residential building, the date on which that building, or part, is first occupied, or

(b)if the chargeable application relates to more than one relevant residential building or part of more than one relevant residential building, the date on which any of those buildings, or parts, is first occupied.

(4) But a continuously occupied part of a relevant residential building is ignored for the purposes of determining the first date of occupation under paragraph (3).

(5) For the purposes of paragraph (4), a “continuously occupied part” of a building means a part of the building which—

(a)is occupied before the start of the building work to which the chargeable application relates, and

(b)remains occupied while the building work is carried out.

Part 6PROVISION OF LEVY INFORMATION

Chapter 1Amendment of secondary legislation

Amendment of 2010 Regulations: general

25.—(1) Regulation 2 of the 2010 Regulations is amended as follows.

(2) In paragraph (1), in the appropriate places, insert the following definitions—

“bedspace” has the meaning given in the BSL Regulations;

“BSL Regulations” means the Building Safety Levy (England) Regulations 2025;

“collecting authority” has the meaning given in the BSL Regulations;

“communal space for residents” has the meaning given in the BSL Regulations;

“development” has the same meaning as in section 55 of the TCPA 1990;

“exempt person” has the meaning given in the BSL Regulations;

“gross internal area” has the meaning given in the BSL Regulations;

“levy determination notice” has the meaning given in the BSL Regulations;

“major residential development” has the meaning given in the BSL Regulations;

“named client” has the meaning given in the BSL Regulations;

“ordinary residential dwelling” has the meaning given in the BSL Regulations;

“original application” has the meaning given in the BSL Regulations;

“other units” has the meaning given in regulation 11(2) of the BSL Regulations;

“part of a wider development” has the meaning given in the BSL Regulations;

“previous development condition” has the meaning given in the BSL Regulations;

“prior approval” means an approval given or deemed to be given following a prior approval application;

“prior approval application” has the meaning given in section 69A(2) of TCPA 1990;

“purpose-built student accommodation” has the meaning given in the BSL Regulations;

“relevant residential building” has the meaning given in the BSL Regulations;

“relevant residential units” has the meaning given in regulation 11(2) of the BSL Regulations;

“residential floorspace” has the meaning given in the BSL Regulations;

“TCPA 1990” means the Town and Country Planning Act 1990;

“updated application” has the meaning given in the BSL Regulations;

“variation application” has the meaning given in the BSL Regulations.

Amendment of 2010 Regulations: requirement in relation to building safety levy information

26.—(1) Regulation 14 of the 2010 Regulations is amended as follows.

(2) At the end of paragraph (1), insert—

“(g)if the work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), the building safety levy information in accordance with regulation 14ZA;

(h)if the application is an updated application and the building work, to which the updated application relates, relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations)—

(i)the building safety levy information in accordance with regulation 14ZA in relation to the updated application but where the updated application is given on or after the day on which the first notice under regulation 16(3C) is given then the information in regulation 14ZA(1)(a) and (b) is not required,

(ii)if the levy charging conditions are met, the information and evidence set out in paragraph (5) in relation to the updated application, and

(iii)if the levy charging conditions are not met, the information and evidence set out in paragraph (6) in relation to the updated application.”.

(3) After paragraph (4), insert—

“(5) Subject to paragraph (7), the information and evidence referred to in paragraph (1)(h)(ii) is—

(a)a statement setting out the number of dwellings, if any, to be provided as a result of the building work to which the application relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations;

(b)a statement setting out the levy charging information in accordance with regulation 16A;

(c)a statement—

(i)in a case where regulation 16(3CA) has not applied to any notice under regulation 16(3C), which includes the applicable planning information within the meaning of regulation 16;

(ii)in any other case, confirming whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated;

(d)evidence as to the matters described in sub-paragraphs (a), (b) and (c).

(6) Subject to paragraph (7), the information and evidence referred to in paragraph (1)(h)(iii) is—

(a)a statement—

(i)in a case where the variation application is received on a day which is before the first notice under regulation 16(3C) is received, which states that the first notice under regulation 16(3C) was not given before the variation application was submitted;

(ii)in a case where the variation application is received on or after the day on which the first notice under regulation 16(3C) is received and regulation 16(3CA) did not apply to that notice and has not applied to any notice under regulation 16(3C), which—

(aa)includes the applicable planning information within the meaning of regulation 16;

(bb)explains how the levy charging conditions are not met;

(iii)in any other case, which—

(aa)confirms whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated;

(bb)explains how the levy charging conditions are not met;

(b)evidence as to the matters described in sub-paragraph (a)(ii) or, as the case may be, (a)(iii).

(7) Where paragraph (1)(h) applies to the application and the application is an updated application relating to building work in respect of which the regulator is the building control authority under section 91ZB(2) of the 1984 Act—

(a)any evidence required by paragraph (5) or (6) to accompany the application must instead be sent to the collecting authority together with a statement identifying the application to which the evidence relates;

(b)the documents referred to in sub-paragraph (a) must be sent to the collecting authority, by the client, on the same day that the application is sent to the regulator.

(8) In this regulation the “levy charging conditions” are that—

(a)the variation application is received on or after the day on which the first notice under regulation 16(3C) is received in relation to the original application,

(b)the building work to which the updated application relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use),

(c)the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and

(d)the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person.”.

Amendment of 2010 Regulations: building safety levy information

27. After regulation 14 of the 2010 Regulations insert—

Building safety levy information

14ZA.—(1) The “building safety levy information” is—

(a)a statement as to whether the applicable work relates to development—

(i)for which planning permission is required, or

(ii)to which section 33 of the Planning Act 2008 applies,

(b)in a case where planning permission is required, also one of the following statements—

(i)a statement that the planning permission has been granted, together with information identifying the permission;

(ii)a statement that an application for planning permission has been made but not yet determined, together with information identifying the application for planning permission;

(iii)a statement that an application for planning permission has not yet been made;

(iv)a statement that the planning permission is subject to prior approval and the prior approval requirement is satisfied, together with information identifying the prior approval and how the requirement is satisfied;

(v)a statement that the planning permission is subject to prior approval and a prior approval application has been made but the prior approval requirement is not yet satisfied, together with information identifying the prior approval application;

(vi)a statement that the planning permission is subject to prior approval and a prior approval application has not yet been made,

but where the planning permission expressly provides for the development to be carried out in phases the references in paragraphs (i), (ii) and (iii) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the application for building control approval with full plans relates,

(c)in a case where planning permission is required or section 33 of the Planning Act 2008 applies, a statement as to whether the building work to which the application for building control approval with full plans relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development,

(d)if the regulator is the building control authority under section 91ZB(2) of the 1984 Act in relation to the application for building control approval with full plans, the local authority in whose area each of the buildings to which that application relates is or is to be situated,

(e)the number of dwellings, if any, that would be provided as a result of the building work to which the application for building control approval with full plans relates,

(f)if purpose-built student accommodation would be provided as a result of the building work to which the application for building control approval with full plans relates, the number of bedspaces that would be contained in the purpose-built student accommodation, and

(g)if paragraph (3) applies in relation to the application for building control approval with full plans given on or after the day the first notice under regulation 16(3C) is received, the details of any levy determination notice given in respect of the original application or the updated application comprising that original application and one or more variation applications.

(2) In paragraph (1), the prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that—

(a)prior approval is given or is deemed to be given, or

(b)the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990).

(3) Where the application for building control approval with full plans is a “variation application” that is treated, for the purposes of the BSL Regulations, as an “updated application”, references in this regulation to the application for building control approval with full plans are to be treated as references to the updated application comprising the variation application, the original application to which it relates and any other variation applications relating to that original application.

(4) In this regulation “applicable work” means—

(a)the building work to which an application for building control approval with full plans relates, but

(b)where the building work is part of a wider development, all the work included in that development.”.

Amendment of 2010 Regulations: notices etc

28.—(1) In regulation 16 of the 2010 Regulations—

(a)after paragraph (3C) insert—

“(3CA) Subject to paragraphs (3CB) and (3CC), where building work, to which an application for building control approval with full plans relates, relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), a notice under paragraph (3C) must also—

(a)if the levy charging conditions are met—

(i)include a statement setting out the number of dwellings, if any, to be provided as a result of the building work to which the application for building control approval with full plans relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations;

(ii)include a statement setting out the levy charging information, in accordance with regulation 16A (levy charging information), in relation to the application for building control approval with full plans to which the notice relates;

(iii)include a statement setting out the applicable planning information;

(iv)be accompanied by evidence as to the matters described in paragraphs (i), (ii) and (iii),

(b)if the levy charging conditions are not met—

(i)include a statement setting out the applicable planning information;

(ii)include a statement explaining how the levy charging conditions are not met;

(iii)be accompanied by evidence as to the matters described in paragraphs (i) and (ii), or

(c)if a statement and any evidence under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the application for building control approval with full plans relates, include a statement to that effect.

(3CB) Where the application for building control approval with full plans referred to in paragraph (3CA) is an application relating to building work in respect of which the regulator is the building control authority under section 91ZB(2) of the 1984 Act—

(a)the evidence required to accompany a notice under paragraph (3C) must instead be sent to the collecting authority together with a statement identifying the application to which the evidence relates;

(b)the documents referred to in sub-paragraph (a) must be sent to the collecting authority, by the client, on the same day that the notice under paragraph (3C) is sent to the regulator.

(3CC) Where, in relation to the application for building control approval with full plans referred to in paragraph (3CA), no statement under regulation 14ZA(1)(c) to (f) has previously been required, the notice under paragraph (3C) must include whichever of those statements under regulation 14ZA(1)(c) to (f) that is applicable.”;

(b)after paragraph (9) insert—

“(10) In this regulation—

(a)the “levy charging conditions” are—

(i)the building work to which the application for building control approval with full plans relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use),

(ii)the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and

(iii)the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person;

(b)subject to sub-paragraph (c), “applicable planning information” is—

(i)where a statement under regulation 14ZA(1)(a) stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change;

(ii)where a statement under regulation 14ZA(1)(a) stated that section 33 of the Planning Act 2008 applies, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change;

(iii)where regulation 14ZA(1)(b)(i) or (iv) applied to the application for building control approval with full plans at the time that application was made, a statement confirming that information identifying the planning permission or prior approval have already been provided but if the planning permission has changed since the time that application was made the statement must set out details of the planning permission as updated;

(iv)where regulation 14ZA(1)(b)(ii) or (iii) applied to the application for building control approval with full plans at the time that application was made, information identifying the planning permission granted;

(v)where regulation 14ZA(1)(b)(v) or (vi) applied to the application for building control approval with full plans at the time that application was made, information identifying the prior approval and how the prior approval requirement is satisfied,

but where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the application for building control approval with full plans relates;

(c)if, at the date the applicable planning information is to be included in a notice or application, no statement has previously been required under regulation 14ZA(1)(a) or (b), then the “applicable planning information” is whichever of those statements under regulation 14ZA(1)(a) or (b) that is applicable, as updated;

(d)for the purposes of sub-paragraph (b)(v), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that—

(i)prior approval is given (or is deemed to be given), or

(ii)the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990).”.

(2) After regulation 16 insert—

Levy charging information

16A.—(1) The “levy charging information” is—

(a)a statement as to whether the previous development condition is met in respect of the relevant building application, and

(b)the following information in relation to each relevant residential building to which the relevant building application relates—

(i)the floorspace information in relation to the building on completion of the building work to which the relevant building application relates, and

(ii)if the building is a relevant residential building at the time the relevant building application was made, the floorspace information in relation to the building at that time.

(2) Subject to paragraphs (5) to (7), the “relevant building application” means—

(a)where the levy charging information is required by regulation 16(3CA) to be included in a notice under regulation 16(3C), the application for building control approval with full plans to which the notice relates;

(b)where the levy charging information is required under regulation 14(1)(h) to be included in an application, the updated application referred to in that regulation.

(3) The “floorspace information” is—

(a)the gross internal area of each ordinary residential dwelling;

(b)the gross internal area of purpose-built student accommodation;

(c)the gross internal area of each area of communal space for residents;

(d)in relation to each area of communal space for residents, a statement as to whether it is within—

(i)regulation 11(1)(a) of the BSL Regulations, or

(ii)regulation 11(1)(b) of the BSL Regulations;

(e)in relation to each area of communal space for residents that is within regulation 11(1)(b) of the BSL Regulations—

(i)the gross internal area of each of the relevant residential units within regulation 11(1)(b)(i), and

(ii)the gross internal area of each of the other units within regulation 11(1)(b)(ii).

(4) For the purposes of any calculation under paragraph (3), it is to be assumed that the building work is carried out in accordance with—

(a)the relevant building application, and

(b)the planning permission and any agreement under section 106 of TCPA 1990, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development to which the building work relates.

(5) In the case of a relevant building application that relates to part of a relevant residential building references in this regulation to the relevant residential building are to be treated as references to the part of the building to which the application relates.

(6) Subject to paragraph (7), where the relevant building application is a variation application that is treated, for the purposes of the BSL Regulations, as an updated application, references in this regulation to the application are to be treated as references to the updated application comprising the variation application, the original application to which it relates and any other variation applications relating to that original application.

(7) If the levy charging information is provided in relation to an updated application, the reference in paragraph (1)(b)(ii) to the relevant building application is to be treated as a reference to the original application.”.

Amendment of RBCA Regulations: information to be provided with initial notices etc

29.—(1) The RBCA Regulations are amended as follows.

(2) In regulation 2(1), in the appropriate places insert the following definitions—