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The Building Safety Levy (England) Regulations 2025

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2025, ISBN 9780348273779

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 120A(7) of the Building Act 1984, for approval by resolution of each House of Parliament.

BUILDING AND BUILDINGS, ENGLAND

Made ***

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1), 47(1), (2) and (5), 50(4) and (6), 51(1), 51A(2) and (3), 105C(1), (3), (5), (6) and (8) and 120A(2) and (3) of the Building Act 1984f1.

In accordance with section 120B(3) of the Building Act 1984, the Secretary of State has consulted the regulator (which has the meaning given in section 126 of the Building Act 1984) and such other persons as the Secretary of State considers appropriate.

In accordance with section 120A(7) of that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1984 c. 55. Section 51A was inserted by S.I. 1996/1905. Sections 105C and 120A were inserted by section 58 of, and paragraph 77 of Schedule 5 to, the Building Safety Act 2022 (c. 30) respectively. Section 120B was inserted by paragraph 77 of Schedule 5 to that Act. Section 51(2) applies the powers in section 50(5) to (7) to final certificates. Section 51A(6) applies the powers in section 47(5) to amendment notices. See section 105C(11) for the definition of “specified” and section 126 for the definition of “prescribed”.

Contents

  1. Part 1: INTRODUCTORY
  2. 1Citation, commencement, extent and application
  3. 2Interpretation
  4. Part 2: BUILDING SAFETY LEVY: GENERAL PROVISION
  5. 3Building safety levy
  6. 4Designation of collecting authorities
  7. Part 3: KEY CONCEPTS
  8. 5“Building control application”
  9. 6“Major residential development” etc
  10. 7“Residential building” and “relevant residential building”
  11. 8“Ordinary residential dwelling”
  12. 9“Purpose-built student accommodation” etc
  13. 10“Residential floorspace”
  14. 11“Communal space for residents”
  15. 12“Gross internal area”
  16. 13Exempt person: non-profit registered providers of social housing
  17. 14Commencement of building work
  18. Part 4: CHARGE TO THE LEVY
  19. 15Charge to building safety levy
  20. 16Amount charged
  21. 17Chargeable accommodation floorspace
  22. 18Chargeable amount of communal floorspace: general
  23. 19Chargeable amount of communal floorspace: “relevant percentage”
  24. 20Applicable area rate
  25. 21Previously developed sites
  26. Part 5: LIABILITY TO PAY THE LEVY
  27. 22Liability of named client to pay the levy
  28. 23“Named client”
  29. 24Levy due date
  30. Part 6: PROVISION OF LEVY INFORMATION
  31. Chapter 1: Amendment of secondary legislation
  32. 25Amendment of 2010 Regulations: general
  33. 26Amendment of 2010 Regulations: requirement in relation to building safety levy information
  34. 27Amendment of 2010 Regulations: building safety levy information
  35. 28Amendment of 2010 Regulations: notices etc
  36. 29Amendment of RBCA Regulations: information to be provided with initial notices etc
  37. 30Amendment of HRB Regulations: general
  38. 31Amendment of HRB Regulations: building safety levy information etc
  39. Chapter 2: Applications made to the regulator: provision of information to, and by, the collecting authority
  40. 32Provision of application information by the regulator
  41. 33Provision of commencement of building work information by the regulator
  42. 34Provision of new named client information by the regulator
  43. 35Provision of confirmation by collecting authority
  44. Chapter 3: Section 30A applications: provision of information by Secretary of State to a collecting authority
  45. 36Applications under section 30A of the 1984 Act: rejection of higher-risk building application
  46. Part 7: DETERMINATION OF LEVY LIABILITY
  47. 37Collecting authority: determination of levy liability amount
  48. 38“Determination period”
  49. 39“Levy liability notice”
  50. 40“Notice of no charge”
  51. Part 8: VARIATION OF BUILDING CONTROL APPLICATIONS
  52. Chapter 1: Meaning and effect of variation applications
  53. 41Variation applications
  54. 42Effect of a variation application
  55. 43Cancellation and reinstatement of levy determination notices
  56. Chapter 2: Amendment of secondary legislation
  57. 44Amendment of RBCA Regulations: information to be provided with amendment notices
  58. 45Amendment of HRB Regulations: information to be provided with change control applications
  59. Part 9: LEVY INFORMATION SPOT CHECKS AND LEVY UPDATES
  60. Chapter 1: “Levy information spot check”
  61. 46“Levy information spot check”
  62. Chapter 2: Circumstances in which levy information spot checks are carried out
  63. 47Requirement to carry out levy information spot checks: Category 1
  64. 48Requirement to carry out levy information spot checks: Category 2
  65. Chapter 3: Process for carrying out levy information spot checks
  66. 49Requirement to notify named client of levy information spot check
  67. 50Further information and notice of outcome
  68. 51Inaccurate building safety levy information
  69. Chapter 4: Levy update notices
  70. 52Levy update notices
  71. 53Procedure and outcome for levy updates
  72. 54Request for revised levy determination
  73. Part 10: LEVY PAYMENT AND COMPLETION OF WORKS
  74. Chapter 1: Payment of levy
  75. 55Requirements in relation to levy payment certificates
  76. 56Content of levy payment certificate
  77. Chapter 2: Amendment of secondary legislation
  78. 57Amendment of 2010 Regulations: completion notice
  79. 58Amendment of 2010 Regulations: withholding a completion certificate
  80. 59Amendment of RBCA Regulations: compliance declarations
  81. 60Amendment of RBCA Regulations: rejecting final certificate
  82. 61Amendment of HRB Regulations: completion certificate applications
  83. 62Amendment of HRB Regulations: rejecting completion certificate applications
  84. Chapter 3: Provision of information in relation to completion applications etc
  85. 63Provision of information by the named client and by the collecting authority in relation to completion applications
  86. 64Rejection of applications by the Secretary of State
  87. Chapter 4: Refunds
  88. 65Refund of levy payments: conditions A to D
  89. 66Refund of levy payments: conditions E to K
  90. 67Refunds: levy liability amount, levy liability notices and levy payment certificates
  91. Part 11: PAYMENT OF RECEIPTS TO THE SECRETARY OF STATE
  92. 68Provision of payment information to the Secretary of State
  93. 69Payment and deduction of administrative expenses
  94. 70Reimbursement by the Secretary of State
  95. Part 12: DECISIONS OF COLLECTING AUTHORITY: REVIEWS AND APPEALS
  96. 71Request for a review
  97. 72Carrying out a review
  98. 73Appeal against decision on a review
  99. Part 13: SECRETARY OF STATE REVIEW OF REGULATIONS
  100. 74Secretary of State review of building safety levy
  101. Signature
  102. Schedule 1: Exempt buildings
  103. 1Exempt buildings: general
  104. 2School accommodation
  105. 3Care homes
  106. 4Secure residential institutions
  107. 5Hospitals
  108. 6Accommodation for victims of domestic abuse
  109. 7Children’s homes, residential family centres and supported accommodation for children
  110. 8Temporary accommodation for homeless people
  111. Schedule 2: Ordinary residential dwellings: exemptions
  112. Part 1: Social housing
  113. 1“Social housing”: general
  114. 2Condition 1
  115. 3Condition 2
  116. 4Condition 3
  117. 5Condition 4
  118. 6Definitions
  119. Part 2: Supported housing
  120. 7Supported housing
  121. Part 3: Exempt accommodation
  122. 8Paragraph 8
  123. Schedule 3Area Rates
  124. Schedule 4: Named client
  125. 1Named client in relation to building control applications with full plans or related updated application
  126. 2Named client in relation to initial notice or related updated application
  127. 3Named client in relation to higher-risk building application or related updated application
  128. Schedule 5RBCA Regulations: substituted forms
  129. Explanatory note