# The Building Safety Levy (England) Regulations 2025, Regulation 21: Previously developed sites


(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.
(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.
(3) But paragraph (2) is subject to the exceptions in paragraph (4).
(4) Land is not “previously developed” at a particular time if, at that time—
(a) a building used for the purposes of agriculture or forestry is situated on the land,
(b) the building that was most recently situated on the land was a building used for the purposes of agriculture or forestry,
(c) the land has been developed for minerals extraction, or
(d) the land has been developed for waste disposal by landfill.
(5) In this regulation—
“agriculture” has the meaning given by section 336 of TCPA 1990;
“building” has the meaning given by section 336 of TCPA 1990 instead of the meaning given by regulation 2;
“forestry” includes afforestation;
“relevant date” means the earlier of—
(a) the date on which the relevant planning permission was granted, or
(b) the date on which any development authorised by the relevant planning permission was begun;
“relevant planning permission” means—
(a) if 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
(b) in any other case, the planning permission for development of the land to which the building work referred to in regulation 20(3) relates;
“section 73 planning permission” means a planning permission granted on an application made under section 73 of TCPA 1990.

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Source: https://www.legislation.gov.uk/ukdsi/2025/9780348273779/regulation/21 (the official version)
Page: https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025/regulation-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.