{
  "url": "https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025/regulation-31",
  "json_url": "https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025/regulation-31.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/31",
  "kind": "regulation",
  "number": "31",
  "heading": "Amendment of HRB Regulations: building safety levy information etc",
  "text": "After Chapter 2 of Part 2 of the HRB Regulations insert—\n“Chapter 3\nBuilding safety levy\nBuilding safety levy information\n17A (1) The “building safety levy information” is—\n(a) a statement as to whether the applicable work relates to development—\n(i) for which planning permission is required, or\n(ii) to which section 33 of the Planning Act 2008 applies,\n(b) in a case where planning permission is required, also one of the following statements—\n(i) a statement that the planning permission has been granted together with information identifying the permission,\n(ii) a statement that an application for planning permission has been made but not yet determined together with information identifying the application for planning permission,\n(iii) a statement that an application for planning permission has not yet been made,\n(iv) a statement that the planning permission is subject to prior approval and the prior approval requirement is satisfied, together with information identifying the prior approval and how the requirement is satisfied,\n(v) a statement that the planning permission is subject to prior approval and a prior approval application has been made but the prior approval requirement is not yet satisfied, together with information identifying the prior approval application,\n(vi) a statement that the planning permission is subject to prior approval and a prior approval application has not yet been made,\nbut where the planning permission expressly provides for the development to be carried out in phases the references in paragraphs (i), (ii) and (iii) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the relevant application relates,\n(c) in a case where planning permission is required or section 33 of the Planning Act 2008 applies, also a statement as to whether 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,\n(d) in relation to each of the buildings included in the building work to which the relevant application relates, the local authority in whose area the building is or is to be situated,\n(e) the number of dwellings, if any, that would be provided as a result of the building work to which the relevant application relates,\n(f) if purpose-built student accommodation would be provided as a result of the building work to which the relevant application relates, the number of bedspaces that would be contained in the purpose-built student accommodation, and\n(g) if paragraph (3) applies in relation to the relevant application, details of any levy determination notice given in respect of the original application or the updated application comprising that original application and one or more variation applications.\n(2) In paragraph (1), the prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that—\n(a) prior approval is given or is deemed to be given, or\n(b) 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(3) Where the relevant application is a “variation application” for the purposes of the BSL Regulations, references in this regulation and in regulation 17B to the application are to be treated as references to the updated application comprising the variation application, the original application to which it relates and any other variation applications relating to that original application.\n(4) In this regulation—\n“applicable work” means—\n(a) the building work to which a relevant application or change control application relates, but\n(b) where the building work is part of a wider development, all the work included in that development;\n“relevant application” means a building control approval application for HRB work, a stage of HRB work or work to existing HRB or a change control application.\nLevy charging information\n17B (1) The “levy charging information” is—\n(a) a statement as to whether the previous development condition is met in respect of the relevant building application, and\n(b) the following information in relation to each relevant residential building to which the relevant building application relates—\n(i) floorspace information in relation to the building on completion of the building work to which the relevant building application relates, and\n(ii) if the building is a relevant residential building at the time the relevant building application was made, the floorspace information in relation to the building at that time.\n(2) Subject to paragraphs (5) and (6), the “relevant building application” means—\n(a) where the levy charging information is required by regulation 9(3A) or 17(3A) to be included in a notice under regulation 9(3) or, as the case may be, regulation 17(3), the building control approval application for HRB work, stage of HRB work or work to existing HRB to which the notice relates;\n(b) where the levy charging information is required under regulation 21(2) and (3) to be included in a variation application, the updated application.\n(3) The “floorspace information” is—\n(a) the gross internal area of each ordinary residential dwelling;\n(b) the gross internal area of purpose-built student accommodation;\n(c) the gross internal area of each area of communal space for residents;\n(d) in relation to each area of communal space for residents, a statement as to whether it is within—\n(i) regulation 11(1)(a) of the BSL Regulations, or\n(ii) regulation 11(1)(b) of the BSL Regulations;\n(e) in relation to each area of communal space for residents that is within regulation 11(1)(b) of the BSL Regulations—\n(i) the gross internal area of each of the relevant residential units within regulation 11(1)(b)(i), and\n(ii) the gross internal area of each of the other units within regulation 11(1)(b)(ii).\n(4) For the purposes of any calculation under paragraph (3), it is to be assumed that the building work is carried out in accordance with—\n(a) the relevant building application, and\n(b) the planning permission and any agreement under section 106 of TCPA 1990, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development to which the building work relates.\n(5) In the case of a relevant building application that relates to part of a relevant residential building references in this regulation to the relevant residential building are to be treated as references to the part of the building to which the application relates.\n(6) If the levy charging information is provided in relation to an updated application, the reference in paragraph (1)(b)(ii) to the relevant building application is to be treated as a reference to the original application.”.",
  "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/31",
    "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."
}