{
  "url": "https://openlegislation.uk/draft-building-safety-levy-amendment-england-regulations-2026/regulation-3",
  "json_url": "https://openlegislation.uk/draft-building-safety-levy-amendment-england-regulations-2026/regulation-3.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": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Amendments relating to when land is previously developed",
  "text": "In regulation 21 (previously developed sites)—\n(a) in paragraph (2) after “relevant date” insert “, and that building was not wholly underground”;\n(b) in paragraph (4)—\n(i) in the words before sub-paragraph (a) after “at that time” insert “any one or more of the following conditions are met”;\n(ii) omit the “or” after sub-paragraph (c);\n(iii) at the end of sub-paragraph (d) insert\n“, or\n(e) any operations which have been carried out in, on, over or under the land are not lawful.”;\n(c) after paragraph (4) insert—\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(d) in paragraph (5)—\n(i) for the definition of “building” substitute—\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(ii) insert the following definitions in the appropriate places—\n““lawful”, in relation to operations, has the same meaning as in section 191 of TCPA 1990;”;\n““structure or erection” includes, but is not limited to—\n(a) areas which are reinforced for load-bearing, paved or otherwise surfaced with man-made materials;\n(b) plant and machinery.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 191 was amended by section 10(1) of the Planning and Compensation Act 1991 and section 124(3) of the Localism Act 2011 (c. 20); there is another amendment which is not relevant."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348285123/regulation/3",
    "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."
}