{
  "url": "https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025/regulation-26",
  "json_url": "https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025/regulation-26.json",
  "legislation": "ukdsi/2025/9780348273779",
  "legislation_title": "The Building Safety Levy (England) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025",
  "path": "regulation/26",
  "kind": "regulation",
  "number": "26",
  "heading": "Amendment of 2010 Regulations: requirement in relation to building safety levy information",
  "text": "(1) Regulation 14 of the 2010 Regulations is amended as follows.\n(2) At the end of paragraph (1), insert—\n“(g) if the work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), the building safety levy information in accordance with regulation 14ZA;\n(h) if the application is an updated application and the building work, to which the updated application relates, relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations)—\n(i) the building safety levy information in accordance with regulation 14ZA in relation to the updated application but where the updated application is given on or after the day on which the first notice under regulation 16(3C) is given then the information in regulation 14ZA(1)(a) and (b) is not required,\n(ii) if the levy charging conditions are met, the information and evidence set out in paragraph (5) in relation to the updated application, and\n(iii) if the levy charging conditions are not met, the information and evidence set out in paragraph (6) in relation to the updated application.”.\n(3) After paragraph (4), insert—\n“(5) Subject to paragraph (7), the information and evidence referred to in paragraph (1)(h)(ii) is—\n(a) a statement setting out the number of dwellings, if any, to be provided as a result of the building work to which the application relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations;\n(b) a statement setting out the levy charging information in accordance with regulation 16A;\n(c) a statement—\n(i) in a case where regulation 16(3CA) has not applied to any notice under regulation 16(3C), which includes the applicable planning information within the meaning of regulation 16;\n(ii) in any other case, confirming whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated;\n(d) evidence as to the matters described in sub-paragraphs (a), (b) and (c).\n(6) Subject to paragraph (7), the information and evidence referred to in paragraph (1)(h)(iii) is—\n(a) a statement—\n(i) in a case where the variation application is received on a day which is before the first notice under regulation 16(3C) is received, which states that the first notice under regulation 16(3C) was not given before the variation application was submitted;\n(ii) in a case where the variation application is received on or after the day on which the first notice under regulation 16(3C) is received and regulation 16(3CA) did not apply to that notice and has not applied to any notice under regulation 16(3C), which—\n(aa) includes the applicable planning information within the meaning of regulation 16;\n(bb) explains how the levy charging conditions are not met;\n(iii) in any other case, which—\n(aa) confirms whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated;\n(bb) explains how the levy charging conditions are not met;\n(b) evidence as to the matters described in sub-paragraph (a)(ii) or, as the case may be, (a)(iii).\n(7) Where paragraph (1)(h) applies to the application and the application is an updated application relating to building work in respect of which the regulator is the building control authority under section 91ZB(2) of the 1984 Act—\n(a) any evidence required by paragraph (5) or (6) to accompany the application must instead be sent to the collecting authority together with a statement identifying the application to which the evidence relates;\n(b) the documents referred to in sub-paragraph (a) must be sent to the collecting authority, by the client, on the same day that the application is sent to the regulator.\n(8) In this regulation the “levy charging conditions” are that—\n(a) the variation application is received on or after the day on which the first notice under regulation 16(3C) is received in relation to the original application,\n(b) the building work to which the updated application relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use),\n(c) the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and\n(d) the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2025/9780348273779/regulation/26",
    "retrieved_at": "2026-10-30T14:38:50.608425+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."
}