{
  "url": "https://openlegislation.uk/building-safety-levy-england-regulations-2025/regulation-21/enacted",
  "json_url": "https://openlegislation.uk/building-safety-levy-england-regulations-2025/regulation-21/enacted.json",
  "legislation": "uksi/2025/1236",
  "legislation_title": "The Building Safety Levy (England) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/building-safety-levy-england-regulations-2025/enacted",
  "path": "regulation/21",
  "kind": "regulation",
  "number": "21",
  "heading": "Previously developed sites",
  "text": "(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.\n(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 , and that building was not wholly underground.\n(3) But paragraph (2) is subject to the exceptions in paragraph (4).\n(4) Land is not “previously developed” at a particular time if, at that time any one or more of the following conditions are met—\n(a) a building used for the purposes of agriculture or forestry is situated on the land,\n(b) the building that was most recently situated on the land was a building used for the purposes of agriculture or forestry,\n(c) the land has been developed for minerals extraction, ...\n(d) the land has been developed for waste disposal by landfill.\n(e) any operations which have been carried out in, on, over or under the land are not lawful.\n(4A) For the purposes of calculating whether at least 75% of land is previously developed for the purposes of paragraph (1), any underground part of a building which extends beyond the part of the building which is not underground is not to be taken into account.\n(5) In this regulation—\n“agriculture” has the meaning given by section 336 of TCPA 1990;\nareas which are reinforced for load-bearing, paved or otherwise surfaced with man-made materials;\n“building” means any permanent building and any other permanent man-made structure or erection, including any extension, and any part of a building, as so defined;\n“forestry” includes afforestation;\n“lawful”, in relation to operations, has the same meaning as in section 191 of TCPA 1990;\nplant and machinery;\n“relevant date” means the earlier of—\nthe date on which the relevant planning permission was granted, or\nthe date on which any development authorised by the relevant planning permission was begun;\n“relevant planning permission” means—\nif 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\nin any other case, the planning permission for development of the land to which the building work referred to in regulation 20(3) relates;\n“section 73 planning permission” means a planning permission granted on an application made under section 73 of TCPA 1990.\n“structure or erection” includes, but is not limited to—\nareas which are reinforced for load-bearing, paved or otherwise surfaced with man-made materials;\nplant and machinery.",
  "extent": "E+W",
  "status": null,
  "version": "enacted",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 21(2) inserted (1.10.2026) by The Building Safety Levy (Amendment) (England) Regulations 2026 (S.I. 2026/1034), regs. 1(2), 3(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 21(4) inserted (1.10.2026) by The Building Safety Levy (Amendment) (England) Regulations 2026 (S.I. 2026/1034), regs. 1(2), 3(b)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in reg. 21(4) omitted (1.10.2026) by virtue of The Building Safety Levy (Amendment) (England) Regulations 2026 (S.I. 2026/1034), regs. 1(2), 3(b)(ii)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 21(4)(e) inserted (1.10.2026) by The Building Safety Levy (Amendment) (England) Regulations 2026 (S.I. 2026/1034), regs. 1(2), 3(b)(iii)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 21(4A) inserted (1.10.2026) by The Building Safety Levy (Amendment) (England) Regulations 2026 (S.I. 2026/1034), regs. 1(2), 3(c)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 21(5) inserted (1.10.2026) by The Building Safety Levy (Amendment) (England) Regulations 2026 (S.I. 2026/1034), regs. 1(2), 3(d)(ii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 21(5) substituted (1.10.2026) by The Building Safety Levy (Amendment) (England) Regulations 2026 (S.I. 2026/1034), regs. 1(2), 3(d)(i)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 21 in force at 1.10.2026, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1236/regulation/21",
    "retrieved_at": "2026-10-28T21:09:12.422240+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}