# The Building Safety Levy (England) Regulations 2025, Paragraph 4: Condition 3


Condition 3 is that—
(a) the dwelling is let by a person who is not a registered provider of social housing on one of the following—
(i) an assured tenancy, including an assured shorthold tenancy;
(ii) an assured agricultural occupancy;
(iii) an arrangement that would be an assured tenancy or an assured agricultural occupancy but for paragraph 12(1)(h) of Schedule 1 to the Housing Act 1988;
(iv) a demoted tenancy;
(v) an introductory tenancy;
(vi) a secure tenancy;
(vii) an arrangement that would be a secure tenancy but for paragraph 4ZA or 12 of Schedule 1 to the Housing Act 1985;
(b) the following criteria are met—
(i) the dwelling is let to a person whose needs are not adequately served by the commercial housing market, and
(ii) the rent is no more than 80% of market rent, including service charges, and
(c) a planning obligation designed to ensure compliance with both criteria at sub-paragraph (b) has been entered into in respect of the planning permission which permits the building work to which the building control application relates.

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Source: https://www.legislation.gov.uk/ukdsi/2025/9780348273779/schedule/2/paragraph/4 (the official version)
Page: https://openlegislation.uk/draft-building-safety-levy-england-regulations-2025/schedule-2/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.