{
  "url": "https://openlegislation.uk/draft-building-safety-levy-amendment-england-regulations-2026/note",
  "json_url": "https://openlegislation.uk/draft-building-safety-levy-amendment-england-regulations-2026/note.json",
  "legislation": "ukdsi/2026/9780348285123",
  "legislation_title": "The Building Safety Levy (Amendment) (England) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-building-safety-levy-amendment-england-regulations-2026",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Building Safety Levy (England) Regulations 2025 (S.I. 2025/1236) (“the 2025 Regulations”), the Building Regulations 2010 (S.I. 2010/2214) (“the 2010 Regulations”), the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909) (“the HRB Regulations”) and the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110) (“the RBCA Regulations”). The 2025 Regulations make provision for the imposition of a Building Safety Levy (“the levy”) by reference to building control applications and amend the 2010 Regulations, the HRB Regulations and the RBCA Regulations to require that information related to the levy is to be included in certain applications and notices made to the local authority, to the registered building control approver or to the building safety regulator.\nPart 2 (regulations 3 to 8) amends the 2025 Regulations.\nRegulation 3 amends regulation 21 to exclude wholly underground buildings and unlawful developments from the scope of “previously developed” land as well as to exclude underground parts of buildings from calculations of whether 75% of land is previously developed. Regulation 3 also amends the definition of “building” in regulation 21 to make clear that permanent buildings and any other permanent man-made structures or erections, including areas surfaced with man-made materials and plant and machinery, are in scope of “previously developed” land.\nRegulation 4 amends regulation 38 to make correcting amendments, including adding a missing cross-reference to regulation 21(2)(g)(ii) and (iii).\nRegulation 5 amends regulations 46 and 49 to set an earlier deadline by which a collecting authority must notify the person who is liable to pay the levy if information relating to their building control application is selected for a levy information spot check and to make clear the period during which the collecting authority must carry out the spot check.\nRegulation 6 amends regulation 52 to align the content requirements of a levy update notice with those of a building control application. Regulation 6 also amends a couple of references in regulation 52 to “the BSL Regulations” so that they correctly refer to “these Regulations” and amends regulation 53 to make clear that a levy update notice can concern an application in respect of which a notice of no charge has been issued.\nRegulation 7 amends regulations 54, 67, 72 and 73 to make clear what constitutes a revised levy determination notice for the purposes of regulation 54 and to provide for the cancellation of a levy liability notice or levy payment certificate (as the case may be) in circumstances specified in those regulations.\nRegulation 8 makes a minor correcting amendment to the name of the local authority area of St Helens.\nPart 3 amends the 2010 Regulations, the HRB Regulations and the RBCA Regulations to make correcting amendments, including making clear that references to “dwelling” for levy purposes do not include purpose-built student accommodation and making clear that levy information is required in relation to building control approval applications for a stage of HRB work. The substituted Form 2 set out in the Schedule incorporates some minor corrections to paragraphs 1(b) and 3(d) of the Annex to the form as well as Note 4 to the form.\nAn impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is published alongside the instrument and Explanatory Memorandum on www.legislation.gov.uk and is available for inspection during office hours at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348285123/note",
    "retrieved_at": "2026-10-30T14:37:05.829296+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."
}