{
  "url": "https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025/regulation-30",
  "json_url": "https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025/regulation-30.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/30",
  "kind": "regulation",
  "number": "30",
  "heading": "Amendment of HRB Regulations: general",
  "text": "(1) The HRB Regulations are amended as follows.\n(2) In regulation 2(1), in the appropriate places insert the following definitions—\n“bedspace” has the meaning given in the BSL Regulations;\n“BSL Regulations” means the Building Safety Levy (England) Regulations 2025;\n“collecting authority” has the meaning given in the BSL Regulations;\n“communal space for residents” has the meaning given in the BSL Regulations;\n“development” has the same meaning as in section 55 of the TCPA 1990;\n“exempt person” has the meaning given in the BSL Regulations;\n“gross internal area” has the meaning given in the BSL Regulations;\n“levy determination notice” has the meaning given in the BSL Regulations;\n“major residential development” has the meaning given in the BSL Regulations;\n“named client” has the meaning given in the BSL Regulations;\n“ordinary residential dwelling” has the meaning given in the BSL Regulations;\n“original application” has the meaning given in the BSL Regulations;\n“other units” has the meaning given in regulation 11(2) of the BSL Regulations;\n“part of a wider development” has the meaning given in the BSL Regulations;\n“previous development condition” has the meaning given in the BSL Regulations;\n“prior approval” means an approval given or deemed to be given following a prior approval application;\n“prior approval application” has the meaning given in section 69A(2) of TCPA 1990;\n“purpose-built student accommodation” has the meaning given in the BSL Regulations;\n“relevant residential building” has the meaning given in the BSL Regulations;\n“relevant residential units” has the meaning given in regulation 11(2) of the BSL Regulations;\n“residential floorspace” has the meaning given in the BSL Regulations;\n“TCPA 1990” means the Town and Country Planning Act 1990;\n“updated application” has the meaning given in the BSL Regulations;\n“variation application” has the meaning given in the BSL Regulations.\n(3) In regulation 4, at the end of paragraph (1) insert—\n“(f) if the HRB 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 17A.”.\n(4) In regulation 9—\n(a) after paragraph (3) insert—\n“(3A) Subject to paragraphs (3B) and (3C), where 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), a notice under paragraph (3) must also—\n(a) if the levy charging conditions are met—\n(i) include a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the building control approval application for HRB work relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations,\n(ii) include a statement setting out the levy charging information, in accordance with regulation 17B, in relation to the building control approval application for HRB work to which the notice relates,\n(iii) include a statement setting out the applicable planning information,\n(b) if the levy charging conditions are not met—\n(i) include a statement setting out the applicable planning information,\n(ii) include a statement explaining how the levy charging conditions are not met, or\n(c) if a statement under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the building control approval application for HRB work relates, include a statement to that effect.\n(3B) Where a notice under paragraph (3) is required to include a statement under paragraph (3A)(a) or (b), the client must send evidence as to the matters set out in the statement together with a statement identifying the application to which the evidence relates, to the collecting authority on the same day that the notice under paragraph (3) is sent to the regulator.\n(3C) Where, in relation to the work referred to in paragraph (3A), no statement under regulation 17A(1)(c) to (f) has previously been required, the notice under paragraph (3) must include whichever of those statements under regulation 17A(1)(c) to (f) that is applicable.”,\n(b) after paragraph (11) insert—\n“(12) In this regulation—\n(a) the “levy charging conditions” are—\n(i) the building work to which the building control approval application for HRB work or a building control approval application for a stage of HRB work 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(ii) 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(iii) 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;\n(b) subject to sub-paragraph (c), “applicable planning information” is—\n(i) where a statement under regulation 17A(1)(a) stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change;\n(ii) where a statement under regulation 17A(1)(a) stated that section 33 of the Planning Act 2008 applied, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change;\n(iii) where regulation 17A(1)(b)(i) or (iv) applied to the building control approval application for HRB work or the building control approval application for a stage of HRB work at the time that application was made, a statement confirming that information identifying the planning permission or prior approval have already been provided and if the planning permission has changed since the time that application was made the statement must set out details of the planning permission as updated;\n(iv) where regulation 17A(1)(b)(ii) or (iii) applied to the building control approval application for HRB work or the building control approval application for a stage of HRB work at the time that application was made, information identifying the planning permission granted;\n(v) where regulation 17A(1)(b)(v) or (vi) applied to the building control approval application for HRB work or the building control approval application for a stage of HRB work at the time that application was made, information identifying the prior approval and how the prior approval requirement is satisfied,\nbut where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the building control approval application for HRB work or the building control approval application for a stage of HRB work relates;\n(c) if, at the date the applicable planning information is to be included in a notice or application, no statement under regulation 17A(1)(a) or (b) has previously been required, then the “applicable planning information” is whichever of those statements under regulation 17A(1)(a) or (b) that is applicable, as updated;\n(d) for the purposes of paragraph (b), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that—\n(i) prior approval is given or is deemed to be given, or\n(ii) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990).”.\n(5) In regulation 12, at the end of paragraph (1) insert—\n“(f) if the proposed 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 17A.”.\n(6) In regulation 17—\n(a) after paragraph (3) insert—\n“(3A) Subject to paragraphs (3B) and (3C), where 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), a notice under paragraph (3) must also—\n(a) if the levy charging conditions are met—\n(i) include a statement setting out the number of dwellings (if any) that would be provided as a result of the building work to which the building control approval application for work to existing HRB relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations,\n(ii) include a statement setting out the levy charging information, in accordance with regulation 17B, in relation to the building control approval application for work to existing HRB to which the notice relates,\n(iii) include a statement setting out the applicable planning information,\n(b) if the levy charging conditions are not met—\n(i) include a statement setting out the applicable planning information,\n(ii) include a statement explaining how the levy charging conditions are not met,\n(iii) be accompanied by evidence as to the matters described in paragraphs (i) and (ii), or\n(c) if a statement under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the building control approval application for work to existing HRB relates, include a statement to that effect.\n(3B) Where a notice under paragraph (3) is required to include a statement under paragraph (3A)(a) or (b), the client must send evidence as to the matters set out in the statement together with a statement identifying the application to which the evidence relates, to the collecting authority on the same day that the notice under paragraph (3) is sent to the regulator.\n(3C) Where, in relation to the work referred to in paragraph (3A), no statement under regulation 17A(1)(c) to (f) has previously been required, the notice under paragraph (3) must include whichever of those statements under regulation 17A(1)(c) to (f) that is applicable.”;\n(b) after paragraph (11) insert—\n“(12) In this regulation—\n(a) the “levy charging conditions” are—\n(i) the building work to which the building control approval application for work to existing HRB relates would result in 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(ii) 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(iii) 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;\n(b) subject to sub-paragraph (c), “applicable planning information” is—\n(i) where a statement under regulation 17A(1)(a) stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change;\n(ii) where a statement under regulation 17A(1)(a) stated that section 33 of the Planning Act 2008 applied, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change;\n(iii) where regulation 17A(1)(b)(i) or (iv) applied to the building control approval application for work to existing HRB at the time that application was made, a statement confirming that information identifying the planning permission or prior approval have already been provided and if the planning permission has changed since the time that application was made the statement must set out details of the planning permission as updated;\n(iv) where regulation 17A(1)(b)(ii) or (iii) applied to the building control approval application for work to existing HRB at the time that application was made, information identifying the planning permission granted;\n(v) where regulation 17A(1)(b)(v) or (vi) applied to the building control approval application for work to existing HRB at the time that application was made, information identifying the prior approval and how the prior approval requirement is satisfied,\nbut where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the building control approval application for work to existing HRB relates;\n(c) if, at the date the applicable planning information is to be included in a notice or application, no statement under regulation 17A(1)(a) or (b) has previously been required, then the “applicable planning information” is whichever of those statements under regulation 17A(1)(a) or (b) that is applicable, as updated;\n(d) for the purposes of paragraph (b), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that—\n(i) prior approval is given (or is deemed to be given), or\n(ii) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990).”.",
  "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/30",
    "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."
}