# The Building Safety Levy (Amendment) (England) Regulations 2026, Regulation 3: Amendments relating to when land is previously developed


In regulation 21 (previously developed sites)—
(a) in paragraph (2) after “relevant date” insert “, and that building was not wholly underground”;
(b) in paragraph (4)—
(i) in the words before sub-paragraph (a) after “at that time” insert “any one or more of the following conditions are met”;
(ii) omit the “or” after sub-paragraph (c);
(iii) at the end of sub-paragraph (d) insert
“, or
(e) any operations which have been carried out in, on, over or under the land are not lawful.”;
(c) after paragraph (4) insert—
“(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.”;
(d) in paragraph (5)—
(i) for the definition of “building” substitute—
““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;”;
(ii) insert the following definitions in the appropriate places—
““lawful”, in relation to operations, has the same meaning as in section 191 of TCPA 1990;”;
““structure or erection” includes, but is not limited to—
(a) areas which are reinforced for load-bearing, paved or otherwise surfaced with man-made materials;
(b) plant and machinery.”.

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Source: https://www.legislation.gov.uk/ukdsi/2026/9780348285123/regulation/3 (the official version)
Page: https://openlegislation.uk/draft-building-safety-levy-amendment-england-regulations-2026/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.