The Building Safety Levy (England) Regulations 2025

Prospective

Amendment of 2010 Regulations: notices etc E+W

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.”.

Commencement Information

I1 Reg. 28 in force at 1.10.2026, see reg. 1(2)