Legalize / United Kingdom / Statutory-Instrument

The Building Safety Levy (England) Regulations 2025

Type Statutory-Instrument

Publication 2025-11-19

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Part 10 — LEVY PAYMENT AND COMPLETION OF WORKS

Chapter 1 — Payment of levy

Requirements in relation to levy payment certificates

55

(1) This regulation applies where a collecting authority receives payment, in full, of the levy liability amount in relation to a building control application.

(2) The collecting authority must, before the end of the period of 2 weeks beginning with the date on which the payment is received by the collecting authority—

(a) give a levy payment certificate to the named client in relation to the building control application, and

(b) if the application is an initial notice or an updated application where the original application was an initial notice, give a copy of the levy payment certificate to the registered building control approver.

Content of levy payment certificate

56

(1) A “levy payment certificate” is a notice in relation to a chargeable application stating the amount of building safety levy paid in respect of the application.

(2) A levy payment certificate must include—

(a) details identifying the building control application in respect of which the payment is received by the collecting authority,

(b) details identifying the levy liability notice in relation to the application, and the levy liability amount stated in that notice,

(i) if ordinary residential dwellings would be provided as a result of the building work to which the application relates, the number of those dwellings,

(ii) if purpose-built student accommodation would be provided as a result of the work to which the application relates, the number of bedspaces contained in it, and

(iii) if dwellings would be provided as a result of the building work to which the application relates, the number of those dwellings that are within any of paragraphs (a) to (c) of regulation 8 (1),

(d) if the levy payment certificate has been revised—

(i) the amount specified before revision, and

(ii) the amount of any payment made in relation to the building control application under regulations 65 and 66, and

(e) the date on which the certificate is given.

Chapter 2 — Amendment of secondary legislation

Amendment of 2010 Regulations: completion notice

57

(1) Regulation 16 of the 2010 Regulations is amended as follows.

(2) At the end of paragraph (4A) for the full stop substitute a semi-colon and then insert—

(f) if, under regulation 14(1)(g) or (h), building safety levy information was required to be provided with the application for building control approval with full plans in relation to the building work or an updated application in relation to that application, a levy liability statement under paragraph (5B).

(3) After paragraph (5A) insert—

(5B) The “levy liability statement” is a statement, signed by the named client, that— (a) a notice of no charge has been received in relation to the application referred to in paragraph (4A)(f), or an updated application relating to it, and has not been cancelled under regulation 43 or 53 of the BSL Regulations, or (b) the levy liability amount in relation to the application referred to in paragraph (4A)(f), or the updated application relating to it, has been paid in full, and for these purposes, “notice of no charge” and “levy liability amount” have the same meaning as in the BSL Regulations.

Amendment of 2010 Regulations: withholding a completion certificate

58

(1) Regulation 17 of the 2010 Regulations is amended as follows.

(2) In paragraph (1) for “A relevant authority” substitute “Subject to paragraph (2B), a relevant authority”.

(3) After paragraph (2A) insert—

(2B) Where the notice referred to in paragraph (2) was required by regulation 16(4A)(f) to include a levy liability statement, the relevant authority must not give a completion certificate unless it has received a notification under regulation 63(2) or (4) of the BSL Regulations stating that the collecting authority agrees with the levy liability statement.

Amendment of RBCA Regulations: compliance declarations

59

(1) Regulation 18 of the RBCA Regulations is amended as follows.

(2) The existing provision becomes paragraph (1).

(3) At the end of paragraph (1) for the full stop substitute a semi-colon and then

insert—

(f) if, in accordance with paragraph 5(f) of Form 1, paragraph 4(h) of Form 2, or as the case may be paragraph 5(f) of Form 4, in Schedule 1, building safety levy information was required to be provided with the initial notice or an updated application in relation to that initial notice, a levy liability statement under paragraph (2).

(4) After paragraph (1) insert—

(2) The “levy liability statement” is a statement, signed by the named client, that— (a) a notice of no charge has been given in relation to the initial notice referred to in paragraph (1)(f), or an updated application relating to it, and has not been cancelled under regulation 43 or 53 of the BSL Regulations, or (b) the levy liability amount in relation to the initial notice referred to in paragraph (1)(f), or the updated application relating to it, has been paid in full, and for those purposes, “notice of no charge” and “levy liability amount” have the same meaning as in the BSL Regulations.

Amendment of RBCA Regulations: rejecting final certificate

60

(1) The RBCA Regulations are amended as follows.

(2) In Schedule 1, for Form 5, substitute the corresponding form in Schedule 5.

(3) In Schedule 4, at the end insert—

(11) If, in relation to any building work, regulation 18(1)(f) requires a levy liability statement to be included in a notice under that regulation, the building control authority must reject the final certificate in respect of such work unless it has received a notification under regulation 63(2) of the BSL Regulations stating that the collecting authority agrees with the levy liability statement.

Amendment of HRB Regulations: completion certificate applications

61

(1) The HRB Regulations are amended as follows.

(2) In regulation 40—

(a) at the end of paragraph (1) for the full stop substitute a semi-colon and then insert—

(g) if, in accordance with regulation 4(1)(f), 12(1)(f) or 21(2)(g), building safety levy information was required to be provided with a building control application or an updated application in relation to that building control application, a levy liability statement under paragraph (3A).

(b) after paragraph (3) insert—

(3A) Subject to paragraph (3B), a “levy liability statement” is a statement, signed by the named client, that— (a) a notice of no charge has been given in relation to the application referred to in paragraph (1)(g), or an updated application relating to it, and has not been cancelled under regulation 43 or 53 of the BSL Regulations, or (b) the levy liability amount in relation to the application referred to in paragraph (1)(g), or an updated application relating to it, has been paid in full. (3B) Where there is more than one collecting authority in relation to the building control application, the named client may only give a statement under paragraph (3A)(a) if each of the collecting authorities in relation to the application have given a notice of no charge and none of those notices have been cancelled. (3C) In this regulation, “building control application”, “levy liability amount” and “notice of no charge” have the same meaning as in the BSL Regulations.

(3) In regulation 45 (partial completion certificates)—

(a) at the end of paragraph (2) for the full stop substitute a semi-colon and then insert—

(j) if, in accordance with regulation 4(1)(f), 12(1)(f) or 21(2)(g), building safety levy information was required to be provided with a building control application or an updated application in relation to that building control application, a levy liability statement under paragraph (4A).

(b) after paragraph (4) insert—

(4A) Subject to paragraph (4B), a “levy liability statement” is a statement, signed by the named client, that— (a) a notice of no charge has been given in relation to the application referred to in paragraph (2)(j), or an updated application relating to it, and has not been cancelled under regulation 43 or 53 of the BSL Regulations, or (b) the levy liability amount in relation to the application referred to in paragraph (2)(j), or an updated application relating to it, has been paid in full. (4B) Where there is more than one collecting authority in relation to the building control application, the named client may only give a statement under paragraph (4A)(a) if each of the collecting authorities in relation to the application have given a notice of no charge and none of those notices have been cancelled. (4C) In this regulation “building control application”, “levy liability amount” and “notice of no charge” have the same meaning as in the BSL Regulations.

Amendment of HRB Regulations: rejecting completion certificate applications

62

(1) The HRB Regulations are amended as follows.

(2) In regulation 44 (completion certificate applications: decisions), after paragraph (2) insert—

(2A) Where the completion certificate application was required by regulation 40(1)(g) to include a levy liability statement, the regulator must reject the application unless a notice under regulation 63(4) of the BSL Regulations which states that the collecting authority agrees with the levy liability statement has been received from the collecting authority or, where there is more than one authority, such a notice has been received from each collecting authority.

(3) In regulation 45 (partial completion certificates), after paragraph (11) insert—

(11A) Where the partial completion certificate application was required by paragraph (2)(j) to include a levy liability statement, the regulator must reject the application unless a notice under regulation 63(4) of the BSL Regulations which states that the collecting authority agrees with the levy liability statement has been received from the collecting authority or, where there is more than one authority, such a notice has been received from each collecting authority.

Chapter 3 — Provision of information in relation to completion applications etc

Provision of information by the named client and by the collecting authority in relation to completion applications

63

(1) This regulation applies where a building control authority receives an HRB-related completion application or a LABC completion application.

(2) In relation to a LABC completion application, before—

(a) in the case of a LABC completion application which is a notice under regulation 16(4) of the 2010 Regulations, giving a completion certificate under those Regulations,

(b) in the case of a LABC completion application which is a final certificate, accepting[^f00047] the certificate,

the building control authority must ask the collecting authority whether or not it agrees with the levy liability statement in relation to the application and the collecting authority must notify the building control authority confirming whether or not the collecting authority agrees with the statement.

(3) In relation to a HRB-related completion application, the named client in relation to that completion application must—

(a) on a day which is no earlier than the day the application is made, provide to the collecting authority a statement, signed by the named client—

(i) stating that a HRB-related completion application has been made to the regulator, and

(ii) identifying each building control application to which the HRB-related completion application relates,

(b) on the day the named client provides the statement referred to in sub-paragraph (a), give the collecting authority a copy of the levy liability statement included in the HRB-related completion application, and

(c) on the day the named client provides the statement referred to in sub-paragraph (a), notify the regulator that the named client has provided the statements in sub-paragraph (a) and (b).

(4) Where a named client has provided the statements referred to in paragraph (3)(a) and (b) the collecting authority must, before the end of the period of 10 working days beginning with the day on which the authority receives those statements, notify the regulator confirming whether or not the authority agrees with the levy liability statement given by the named client.

(5) In this regulation—

“final certificate statement” means, in the case of a LABC completion application which is a final certificate[^f00048], a statement under paragraph 15 of Form 5 of Schedule 1 to the RBCA Regulations;

“HRB-related completion application” means— a completion certificate application that is required, by regulation 40 of the HRB Regulations, to include a levy liability statement; a partial completion certificate application that is required, by regulation 45 of the HRB Regulations, to include a levy liability statement; a notice under regulation 16(4) of the 2010 Regulations that— is given in relation to a section 91ZB application, and is required, by regulation 16(4A) of the 2010 Regulations, to include a levy liability statement;

“LABC completion application” means— a notice under regulation 16(4) of the 2010 Regulations that— is given in relation to an application for building control approval with full plans which is not a section 91ZB application, and is required, by regulation 16(4A) of the 2010 Regulations, to include a levy liability statement; a final certificate, given in relation to an initial notice, which is required to include a final certificate statement;

“levy liability statement” has the meaning given in regulation 16(5B) of the 2010 Regulations, regulation 18(2) of the RBCA Regulations or, as the case may be, regulation 40(3A) or 45(4A) of the HRB Regulations.

Rejection of applications by the Secretary of State

64

(1) This regulation applies where, under section 30A of the 1984 Act, a person has applied for a HRB completion application to be determined by the Secretary of State.

(2) The Secretary of State must ask the collecting authority whether a notice under regulation 63(4) has been sent to the regulator in respect of the HRB completion application.

(3) If the collecting authority receives a request under paragraph (2) it must reply to the Secretary of State—

(a) stating whether a notice under regulation 63(4) has been given in relation to the application, and

(b) where such a notice has been given, providing a copy of the notice,

before the end of the period of 10 working days beginning with the day the request is received.

(4) The Secretary of State must reject the HRB completion application unless a copy of the notice under regulation 63(4), in respect of the building work to which the application relates, which states that the collecting authority agrees with the levy liability statement has been received from the collecting authority or, where there is more than one authority, a copy of such a notice has been received from each collecting authority.

(5) In this regulation “HRB completion application” means—

(a) a completion certificate application that is required, by regulation 40 of the HRB Regulations, to include a levy liability statement;

(b) a partial completion certificate application that is required, by regulation 45 of the HRB Regulations, to include a levy liability statement.

Chapter 4 — Refunds

Refund of levy payments: conditions A to D

65

(1) This regulation applies in relation to a building control application if—

(a) the collecting authority has given a levy liability notice in relation to the building control application,

(b) the collecting authority has given a levy payment certificate under regulation 55 in respect of the building control application, and

(2) Where this regulation applies and the collecting authority is satisfied that the amount payable exceeds the reasonable administrative costs that would be incurred by it in making the payment, the collecting authority must, within the refund payment period, pay to the named client an amount calculated in accordance with paragraph (7) (“refund amount”) and—

(a) if a notice of no charge is given, give the named client a notice cancelling the original levy payment certificate, or

(b) in any other case, give the named client a revised levy payment certificate which, subject to paragraph (8), must include the details referred to in regulation 67 (8).

(3) Condition A is that—

(a) the levy liability notice referred to in paragraph (1)(a) is cancelled under regulation 43(2) or (3), and

(b) either—

(i) the levy liability amount specified in the levy liability notice in relation to the updated application is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or

(ii) the collecting authority gives a notice of no charge in relation to the updated application.

(4) Condition B is that—

(a) the levy liability notice referred to in paragraph (1)(a) is revised or cancelled under regulation 53, and

(b) either—

(i) the levy liability amount specified in the revision of the levy liability notice in relation to the levy update application is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or

(ii) the collecting authority gives a notice of no charge in relation to the levy update application.

(5) Condition C is that—

(a) under regulation 72, the collecting authority carries out a review of its determination of the levy liability amount specified in the levy liability notice referred to in paragraph (1)(a), and

(b) on the review, either—

(i) the collecting authority revises the levy liability notice and the levy liability amount specified in that notice is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or

(ii) the collecting authority gives a notice of no charge.

(6) Condition D is that—

(a) on an appeal against a collecting authority’s determination of the levy liability amount specified in the levy liability notice referred to in paragraph (1)(a), the First-tier Tribunal substitutes a decision as to the levy liability amount, and

(b) pursuant to regulation 73 (5), either—

(i) the collecting authority revises a levy liability notice and the levy liability amount specified in that notice is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or

(ii) the collecting authority gives a notice of no charge.

(7) The refund amount is an amount equal to—

(a) in a case within paragraph (3)(b)(i), the difference between—

(i) the amount specified in the levy payment certificate referred to in paragraph (1)(b), and

(ii) the levy liability amount specified in the levy liability notice for the updated application;

(b) in a case within paragraph (4)(b)(i), (5)(b)(i) or (6)(b)(i) the difference between—

(i) the amount specified in the levy payment certificate referred to in paragraph (1)(b), and

(ii) the levy liability amount specified in the revision to the levy liability notice;

(c) in a case within paragraph (3)(b)(ii), (4)(b)(ii), (5)(b)(ii) or (6)(b)(ii), the amount specified in the levy payment certificate referred to in paragraph (1)(b).

(8) For the purposes of paragraph (2), regulation 67(8) has effect as if any reference in that paragraph to relevant work were a reference to the building work described in the building control application referred to in this regulation having regard to the variation application, the levy update notice, the review or, as the case may be, the appeal.

(9) In this regulation “refund payment period” means the period of 2 weeks beginning with the later of—

(a) the date on which the revised levy determination notice is given or, in the case of an updated application, the levy determination notice is given, and

(b) the date on which the collecting authority receives details of a bank account, nominated by the named client, into which the payment is to be made.

Refund of levy payments: conditions E to K

66

(1) This regulation applies in relation to a building control application if—

(a) the collecting authority has given a levy liability notice in relation to the building control application,

(b) the collecting authority has given a levy payment certificate under regulation 55 in respect of the levy liability notice, and

(2) Where this regulation applies, the named client may apply, in accordance with paragraph (12), to the collecting authority for a refund (“refund application”).

(3) Following receipt of a refund application, if the collecting authority is satisfied that—

(a) the requirements of paragraph (1) are met, and

(b) the amount payable exceeds the reasonable administrative costs that would be incurred by it in making the payment,

the collecting authority must, within the refund payment period, pay to the named client an amount calculated in accordance with paragraph (11) (“refund amount”).

(4) Condition E is that a lapse provision applies in relation to part of the building work to which the building control application relates.

(5) Condition F is that—

(a) the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice,

(b) the initial notice is cancelled under a cancellation provision, and

(c) no final certificate has been accepted[^f00049] in respect of any of the building work to which the initial notice relates.

(6) Condition G is that—

(a) the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice,

(b) the initial notice is cancelled under a cancellation provision, and

(7) Condition H is that—

(a) the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, and

(b) the initial notice is cancelled, wholly or partially, under section 52A of the 1984 Act[^f00050].

(8) Condition I is that—

(a) a local authority was the building control authority[^f00051] for building work to which the building control application referred to in paragraph (1) relates, and

(b) the regulator becomes the building control authority under section 91ZA of the 1984 Act[^f00052] in relation to some or all of the building work to which the application relates.

(9) Condition J is that—

(a) the regulator was the building control authority under section 91ZB of the 1984 Act for building work to which the building control application referred to in paragraph (1) relates, and

(b) the regulator becomes the building control authority under section 91ZA of the 1984 Act in relation to some or all of the building work to which the application relates.

(10) Condition K is that—

(a) the regulator was the building control authority under section 91ZA of the 1984 Act for building work to which the building control application referred to in paragraph (1) relates, and

(b) a local authority becomes the building control authority in relation to some or all of the building work to which the application relates.

(11) The refund amount is—

(a) in a case to which condition E applies, an amount equal to the difference between the amount shown in the levy payment certificate referred to in paragraph (1)(b) and the new levy liability amount specified in the revised levy determination notice given under regulation 67;

(b) in a case to which condition F applies, the amount shown in the levy payment certificate referred to in paragraph (1)(b);

(d) in a case to which condition H applies—

(i) if the cancellation under section 52A of the 1984 Act applies to the whole of the initial notice, the amount shown in the levy payment certificate referred to in paragraph (1)(b);

(ii) if a final certificate has been accepted in respect of some of the building work to which the initial notice relates and the cancellation under section 52A of the 1984 Act applies to the remainder of the building work described in the initial notice, the amount attributable to the uncertificated work;

(iii) in any other case, an amount equal to the difference between the amount shown in the levy payment certificate referred to in paragraph (1)(b) and the new levy liability amount specified in the revised levy determination notice given under regulation 67;

(e) in a case to which condition I or condition K applies—

(i) if the local authority or, as the case may be, the regulator ceases to be the building control authority in relation to all the building work to which the building control application relates, the amount shown in the levy payment certificate referred to in paragraph (1)(b);

(ii) if a completion certificate has been given in respect of some of the building work to which the building control application relates and the local authority or, as the case may be, the regulator ceases to be the building control authority in relation to the remainder of the building work described in the building control application, the amount attributable to the uncertificated work;

(iii) in any other case, an amount equal to the difference between the amount shown in the levy payment certificate referred to in paragraph (1)(b) and the new levy liability amount specified in the revised levy determination notice given under regulation 67;

(f) in a case to which condition J applies—

(i) if the regulator ceases to be the building control authority under section 91ZB of the 1984 Act in relation to all the building work to which the building control application relates, the amount shown in the levy payment certificate referred to in paragraph (1)(b);

(ii) if a completion certificate has been given in respect of some of the building work to which the building control application relates and the regulator ceases to be the building control authority under section 91ZB of the 1984 Act in relation to the remainder of the building work described in the building control application, the amount attributable to the uncertificated work;

(iii) in any other case, an amount equal to the difference between the amount shown in the levy payment certificate referred to in paragraph (1)(b) and the new levy liability amount specified in the revised levy determination notice given under regulation 67.

(12) An application under this regulation—

(a) must be signed by the named client and given to the collecting authority,

(b) must include—

(i) the contact information for the named client,

(ii) information identifying the building control application referred to in paragraph (1), the original application and all of the related variation applications relating to that application,

(iii) information identifying any levy liability notice given in relation to that application,

(iv) information identifying the levy payment certificate in relation to the building control application referred to in paragraph (1),

(v) in a case to which condition E applies, information identifying the lapse provision which applies,

(vi) in a case to which condition E applies, information identifying the part lapse work to which the refund application relates,

(vii) in a case to which condition F or G applies, information identifying the cancellation provision which applies,

(viii) in a case to which condition H applies, a statement identifying whether the whole, or part only, of the initial notice is affected,

(ix) in a case to which condition F or paragraph (11)(d)(i) applies, a statement confirming that no final certificate has been accepted in relation to any of the work,

(x) in a case to which condition G applies—

(aa) information identifying the uncertificated work,

(bb) information identifying each of the final certificates accepted,

(xi) in a case to which paragraph (11)(d)(ii) applies, information identifying the uncertificated work and each of the final certificates accepted,

(xii) in a case to which paragraph (11)(d)(iii) applies, information identifying the condition H work to which the refund application relates,

(xiii) in a case to which condition I, condition J or condition K applies—

(aa) where paragraph (11)(e)(i) applies, a statement explaining that the local authority or, as the case may be, the regulator has ceased to be the building control authority in relation to all the building work to which the building control application referred to in paragraph (1) relates,

(bb) where paragraph (11)(f)(i) applies, a statement explaining that the regulator has ceased to be the building control authority under section 91ZB of the 1984 Act in relation to all the building work to which the building control application referred to in paragraph (1) relates,

(cc) where paragraph (11)(e)(ii) or (f)(ii) applies, information identifying the uncertificated work and each of the completion certificates given, and

(dd) where paragraph (11)(e)(iii) or (f)(iii) applies, information identifying the condition I work, condition J work or condition K work to which the refund application relates,

(xiv) in a case to which condition E, condition G, paragraph (11)(d)(ii) or (iii), paragraph (11)(e)(ii) or (iii) or paragraph (11)(f)(ii) or (iii) applies, a statement explaining by reference to the circumstances prevailing at the relevant time—

(aa) the floorspace information in relation to the part lapse work, uncertificated work, condition H work, condition I work, condition J work or, as the case may be, the condition K work,

(bb) whether or not the named client in relation to the building control application referred to in paragraph (1) was an exempt person,

(cc) whether or not any building included in the part lapse work, uncertificated work, condition H work, condition I work, condition J work or, as the case may be, the condition K work was an exempt building, and

(dd) whether or not any dwelling included in the part lapse work, uncertificated work, condition H work, condition I work, condition J work or, as the case may be, the condition K work was subject to an exemption referred to in regulation 8 (1), and

(xv) details of a bank account, nominated by the named client, into which any refund is to be paid, and

(i) in a case to which condition E applies, evidence to show a lapse provision applies to the part lapse work;

(ii) in a case to which condition F, G or H applies, evidence to show the initial notice, or, if applicable, part of it, has been cancelled or ceased to be in force;

(iii) in a case to which condition I applies, evidence to show the regulator has become the building control authority in relation to the condition I work;

(iv) in a case to which condition J applies, evidence to show the regulator has become the building control authority under section 91ZA of the 1984 Act in relation to the condition J work;

(v) in a case to which condition K applies, evidence to show the local authority has become the building control authority in relation to the condition K work.

(13) Subject to paragraph (14), the “amount attributable to the uncertificated work” is the amount given by applying the formula in regulation 16 (2) in respect of each relevant residential building to which the uncertificated work relates, adding together the amounts if there is more than one building.

(14) In determining the amount referred to in paragraph (13)—

(a) the rules in regulations 16 to 21 are to apply in relation to the uncertificated work as if—

(i) references in regulations 16(1), 16(4), 17(3), 18(2) and 20(2)(a) to a building to which a building control application relates were references to a building to which the uncertificated work relates;

(ii) if the application referred to in paragraph (1) is an updated application the references in regulations 17 (2)(a), 17 (3), 18 (2)(a), 18 (3) and 18 (4)(b) to the time the application was made were references to the time the original application was made;

(b) whether or not the named client is an exempt person is to be determined by reference to the circumstances prevailing at the relevant time;

(c) whether or not a building is an exempt building is to be determined by reference to the circumstances at the relevant time;

(d) whether or not a dwelling is subject to an exemption referred to in regulation 8 (1) is to be determined by reference to the circumstances at the relevant time;

(e) no regard is to be had to whether the uncertificated work on its own is major residential development.

(15) If the collecting authority is not satisfied the requirements of paragraph (1) are met, it must give a notice to the named client to that effect.

(16) If the collecting authority considers that the information provided in relation to the refund application is not sufficient for the purposes of making a determination under this regulation—

(a) the collecting authority may request further information from the named client for that purpose, and

(b) the refund payment period in that case is the period of 5 weeks beginning with—

(i) the date on which the collecting authority receives the information that the authority considers is sufficient to enable it to make the determination, or

(ii) if later, the date the collecting authority receives bank details of the named client for the payment.

(17) In this regulation—

“cancellation provision” means— section 52 of the 1984 Act; section 53D of the 1984 Act[^f00053];

“completion certificate” means a certificate given under regulation 17(1) of the 2010 Regulations or, as the case may be, regulation 44(1) or 45(10) of the HRB Regulations;

“condition H work” means the part of the original work to which the cancellation under section 52A of the 1984 Act relates, where the original work means the building work described in the building control application referred to in paragraph (1);

“condition I work” means the part of the original work in relation to which the local authority is no longer the building control authority, where the original work means the building work described in the building control application referred to in paragraph (1);

“condition J work” means the part of the original work in relation to which the regulator is no longer the building control authority under section 91ZB of the 1984 Act, where the original work means the building work described in the building control application referred to in paragraph (1);

“condition K work” means the part of the original work in relation to which the regulator is no longer the building control authority, where the original work means the building work described in the building control application referred to in paragraph (1);

“floorspace information” has the meaning given in— where the application referred to in paragraph (1) is a higher-risk building application or change control application, regulation 17B of the HRB Regulations; where the application referred to in paragraph (1) is an application for building control approval with full plans or a section 91ZB application, regulation 16A of the 2010 Regulations[^f00054]; where the application referred to in paragraph (1) is an initial notice or an amendment notice, regulation 15A of the RBCA Regulations;

“lapse provision” means— section 32(3) of the 1984 Act, section 53A(3) of the 1984 Act[^f00055];

“part lapse work” means the part of the original work to which a lapse provision applies, where the original work means the building work described in the building control application referred to in paragraph (1);

“refund payment period” is— in a case to which condition F applies or where paragraph (11)(d)(i), (e)(i) or (f)(i) applies, 5 weeks beginning with— the date the refund application is received by the collecting authority, or if later, the date the collecting authority receives bank details of the named client for the payment; in a case to which condition G or where paragraph (11)(d)(ii), (e)(ii) or (f)(ii) applies, 2 weeks beginning with— the date the collecting authority gives the revised levy payment certificate required under regulation 67, or if later, the date the collecting authority receives bank details of the named client for the payment; in any other case, 2 weeks beginning with— the date the collecting authority gives the revised levy determination notice required under regulation 67, or if later, the date the collecting authority receives bank details of the named client for the payment;

“relevant time” means the time which is the latest of the following— the time the first compliant commencement notice was given in relation to building work to which the building control application referred to in paragraph (1) relates; the time an updated application, if any, was made; the time the most recent levy update notice, if any, was given under regulation 52 (2) in relation to the building control application;

“uncertificated work” means the part of the original work in respect of which no final certificate has been accepted or, as the case may be, no completion certificate has been given, where the original work means the building work described in the building control application referred to in paragraph (1).

Refunds: levy liability amount, levy liability notices and levy payment certificates

67

(1) This regulation applies if, following receipt of a refund application in accordance with regulation 66, a collecting authority is satisfied the requirements of regulation 66 (1) are met.

(2) Where this regulation applies—

(a) in a case to which condition E in regulation 66 applies, the collecting authority must, before the end of the period of 5 weeks beginning with the date on which the refund application is received—

(i) determine the new levy liability amount in relation to the building control application referred to in regulation 66 (1),

(ii) give the named client a revised levy determination notice in relation to the building control application,

(iii) give the named client a revised levy payment certificate, and

(iv) if the building control application referred to in regulation 66 (1) is an initial notice or an updated application in relation to an initial notice, give a copy of the revised levy determination notice and revised levy payment certificate to the registered building control approver,

(b) in a case to which condition F in regulation 66 applies—

(i) on the date the refund is issued the levy liability notice and levy payment certificate referred to in regulation 66 (1) are cancelled, and

(ii) the collecting authority must, no later than 2 weeks after the date on which the refund amount under regulation 66 (3) is paid, give a notice of the cancellation to the named client and give a copy of that notice to the registered building control approver,

(i) on the date the refund is issued the levy liability notice referred to in regulation 66 (1) is cancelled, and

(ii) the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received—

(aa) give the named client a revised levy payment certificate,

(bb) give a copy of the revised levy payment certificate to the registered building control approver,

(d) in a case to which condition H, condition I, condition J or condition K in regulation 66 applies—

(i) if the cancellation under section 52A of the 1984 Act applies to the whole of the initial notice referred to in condition H in regulation 66—

(aa) on the date the refund is issued the levy liability notice and levy payment certificate referred to in regulation 66 (1) are cancelled,

(bb) the collecting authority must, no later than 2 weeks after the date on which the refund amount under regulation 66 (3) is paid, give a notice of the cancellation to the named client and give a copy of that notice to the registered building control approver,

(ii) if a final certificate has been accepted in respect of some of the building work to which that initial notice relates and the cancellation under section 52A of the 1984 Act applies to the remainder of the building work described in the initial notice—

(aa) on the date the refund is issued the levy liability notice referred to in regulation 66 (1) is cancelled,

(bb) the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received, give the named client a revised levy payment certificate and give a copy of that certificate to the registered building control approver,

(iii) if condition I or condition K applies and the local authority or, as the case may be, the regulator ceases to be the building control authority in relation to all the building work to which the building control application referred to in regulation 66 (1) relates—

(aa) on the date the refund is issued the levy liability notice and levy payment certificate referred to in regulation 66 (1) are cancelled,

(bb) the collecting authority must, no later than 2 weeks after the date on which the refund amount under regulation 66 (3) is paid, give a notice of the cancellation to the named client,

(iv) if condition J applies and the regulator ceases to be the building control authority under section 91ZB of the 1984 Act in relation to all the building work to which the building control application referred to in regulation 66 (1) relates—

(aa) on the date the refund is issued the levy liability notice and levy payment certificate referred to in regulation 66 (1) are cancelled,

(bb) the collecting authority must, no later than 2 weeks after the date on which the refund amount under regulation 66 (3) is paid, give a notice of the cancellation to the named client,

(v) if condition I or condition K applies and a completion certificate has been given in respect of some of the building work to which that building control application relates and the local authority or, as the case may be, the regulator ceases to be the building control authority in relation to the remainder of the building work described in that building control application—

(aa) on the date the refund is issued the levy liability notice referred to in regulation 66 (1) is cancelled,

(bb) the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received, give the named client a revised levy payment certificate,

(vi) if condition J applies and a completion certificate has been given in respect of some of the building work to which that building control application relates and the regulator ceases to be the building control authority under section 91ZB of the 1984 Act in relation to the remainder of the building work described in that building control application—

(aa) on the date the refund is issued the levy liability notice referred to in regulation 66 (1) is cancelled,

(bb) the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received, give the named client a revised levy payment certificate, and

(vii) in any other case, the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received—

(aa) determine the new levy liability amount in relation to the building control application referred to in regulation 66 (1),

(bb) give the named client a revised levy determination notice and a revised levy payment certificate in relation to the building control application,

(cc) where condition H applies, also give a copy of the revised levy determination notice and revised levy payment certificate to the registered building control approver.

(3) In this regulation the “new levy liability amount”, in relation to a building control application, is the difference between A and B, where—

(a) A is the levy liability amount shown in the levy liability notice given, and not cancelled, before the date of receipt of the refund application, and

(b) B is the amount of building safety levy attributable to the part lapse work, or in a case within paragraph (2)(d)(vii), the amount of building safety levy attributable to the condition H work or, as the case may be, the amount of building safety levy attributable to the condition I work, condition J work or condition K work.

(4) Subject to paragraph (5), in this regulation—

(a) the “amount of building safety levy attributable to the part lapse work” is the amount given by applying the formula in regulation 16 (2) in respect of each relevant residential building to which the part lapse work relates, adding together the amounts if there is more than one building;

(b) the “amount of building safety levy attributable to the condition H work” is the amount given by applying the formula in regulation 16 (2) in respect of each relevant residential building to which the condition H work relates, adding together the amounts if there is more than one building;

(c) the “amount of building safety levy attributable to the condition I work” is the amount given by applying the formula in regulation 16 (2) in respect of each relevant residential building to which the condition I work relates, adding together the amounts if there is more than one building;

(d) the “amount of building safety levy attributable to the condition J work” is the amount given by applying the formula in regulation 16 (2) in respect of each relevant residential building to which the condition J work relates, adding together the amounts if there is more than one building;

(e) the “amount of building safety levy attributable to the condition K work” is the amount given by applying the formula in regulation 16 (2) in respect of each relevant residential building to which the condition K work relates, adding together the amounts if there is more than one building.

(5) In determining the amount referred to in paragraph (4)—

(a) the rules in regulations 16 to 21 are to apply in relation to the part lapse work, the condition H work, condition I work, condition J work or, as the case may be, the condition K work as if—

(i) references in regulations 16(1), 16(4), 17(3) and 20(2)(a) to a building to which a building control application relates were references to a building to which the part lapse work, the condition H work, condition I work, condition J work or, as the case may be, the condition K work relates;

(ii) if the building control application referred to in regulation 66 (1) is an updated application the references in regulations 17 (2)(a), 17 (3), 18 (2)(a), 18 (3) and 18 (4)(b) to the time the application was made were references to the time the original application was made;

(b) whether or not the named client is an exempt person is to be determined by reference to the circumstances at the time the building control application referred to in regulation 66 (1) was made or, if later, the time a levy update notice was given under regulation 52 (2) (“the relevant time”);

(c) whether or not a building is an exempt building is to be determined by reference to the circumstances at the relevant time;

(d) whether or not a dwelling is subject to an exemption referred to in regulation 8 (1) is to be determined by reference to the circumstances at the relevant time;

(e) no regard is to be had to whether the part lapse work, condition H work, condition I work, condition J work or, as the case may be, the condition K work on its own is major residential development.

(6) A “revised levy determination notice” is a notice which specifies the new levy liability amount, or that there is no charge where the application is not chargeable, and must also specify—

(a) the building control application and, if applicable, the refund application to which the notice relates,

(b) in a case where the notice specifies a new levy liability amount—

(i) if ordinary residential dwellings would be provided as a result of the remaining work to which the building control application relates, the number of those dwellings,

(ii) if dwellings would be provided as a result of the remaining work, the number of those dwellings that are within any of sub-paragraphs (a) to (c) of regulation 8 (1),

(iii) if purpose-built student accommodation would be provided as a result of the remaining work, the number of bedspaces contained in it,

(iv) in relation to each of the relevant residential buildings to which the remaining work relates—

(aa) the amount of chargeable accommodation floorspace (as defined in regulation 17(2)),

(bb) the chargeable amount of communal floorspace (as defined in regulation 18(2)), and

(cc) the applicable area rate (as defined in regulation 20(2)),

(v) the amount, if any, of the building safety levy previously paid in respect of the building control application including a separate amount for the original application, any updated application and any change to the levy amount following a levy update notice,

(i) the number of dwellings, if any, that would be provided as a result of the remaining work to which the building control application relates,

(ii) if purpose-built student accommodation would be provided as a result of the remaining work, the number of bedspaces contained in it,

(iii) the reasons why the application is not chargeable,

(d) the amount of any payment previously made in relation to the building control application under regulations 65 and 66,

(e) the date on which the notice is given.

(7) If the revised levy determination notice relates to an updated application the reference in paragraph (6)(a) to the building control application to which the notice relates is a reference to the original application and each subsequent variation application in relation to it.

(8) In this regulation a “revised levy payment certificate” is a notice which specifies the amount of building safety levy paid in respect of the building control application referred to in regulation 65(1) or 66(1) less the refund amount given under regulation 65(2), or, as the case may be, 66(3), and it must also include—

(a) details of the building control application in respect of which the payment under the previous levy payment certificate was received by the collecting authority,

(b) details of each levy payment certificate, including the amount specified in the certificate,

(c) details of the amount of any payment previously made in relation to the building control application under regulations 65 and 66,

(d) a statement of—

(i) if ordinary residential dwellings are provided or would be provided as a result of the relevant work to which the building control application relates, the number of those dwellings,

(ii) if the relevant work relates to purpose-built student accommodation, the number of bedspaces contained in that accommodation, and

(iii) if the relevant work also relates to dwellings that are within any of paragraphs (a) to (c) of regulation 8(1), the number of those dwellings, and

(e) the date on which the revised levy payment certificate is given.

(9) In this regulation—

“completion certificate”,“condition H work”, “condition I work”, “condition J work” and “condition K work” have the meanings given in regulation 66;

“part lapse work” has the meaning given in regulation 66;

“refund application” has the meaning given in regulation 66;

“relevant work” means— in a case to which condition E or paragraph (11)(d)(iii), (e)(iii) or (f)(iii) of regulation 66 applies, the remaining work; in a case to which condition G or paragraph (11)(d)(ii), (e)(ii) or (f)(ii) of regulation 66 applies, the part of the original work in respect of which a final certificate has been accepted or, as the case may be, a completion certificate has been given, where the original work means the building work described in the building control application referred to in regulation 66 (1);

“remaining work” means the original work ignoring the part lapse work, condition H work, condition I work, condition J work or, as the case may be, condition K work, where the original work means the building work described in the building control application referred to in regulation 66 (1).

Part 11 — PAYMENT OF RECEIPTS TO THE SECRETARY OF STATE

Provision of payment information to the Secretary of State

68

(1) A collecting authority must prepare a building safety levy return for each financial quarter.

(2) A building safety levy return relating to a financial quarter must be provided to the Secretary of State within 30 days of the end of that quarter.

(3) A building safety levy return must include the following information—

(a) the total of the notified building safety levy amounts, for the financial quarter, charged at the area rate shown in column 2 of the table in Schedule 3;

(b) the total of the notified building safety levy amounts, for the financial quarter, charged at the area rate shown in column 3 of the table in Schedule 3;

(c) the total of the notified building safety levy amounts, for all preceding financial quarters, charged at the area rate shown in column 2 of the table in Schedule 3, excluding—

(i) amounts stated in levy liability notices that were given but subsequently cancelled whether in the financial quarter to which the return relates or a preceding financial quarter, and

(ii) amounts paid in respect of building safety levy in the current and all preceding quarters;

(d) the total of the notified building safety levy amounts, for all preceding financial quarters, charged at the area rate shown in column 3 of the table in Schedule 3, excluding—

(i) amounts stated in levy liability notices that were given but subsequently cancelled whether in the financial quarter to which the return relates or a preceding financial quarter, and

(ii) amounts paid in respect of building safety levy in the current and all preceding quarters;

(e) the total amount of payments in respect of building safety levy made to the collecting authority during the financial quarter;

(f) the total number of payments made by the collecting authority, during the financial quarter, under regulations 65 and 66 and the total amount of those payments;

(g) the total amount of administrative expenses, as defined in regulation 69, incurred by the collecting authority during the financial quarter;

(h) the total amount in respect of building safety levy to be paid by the collecting authority to the Secretary of State in relation to the financial quarter;

(i) the total number of levy information spot checks carried out in the financial quarter and the number of those spot checks to which regulation 51 applies.

(4) In this regulation, a “notified building safety levy amount” for a financial quarter is an amount of building safety levy stated in a levy liability notice that—

(a) is given by the collecting authority during the financial quarter, and

(b) is not cancelled before the end of that financial quarter.

Payment and deduction of administrative expenses

69

(1) The collecting authority must, in respect of each financial quarter, pay an amount equal to the levy balance for that quarter to the Secretary of State within 42 days of the end of that quarter.

(2) To determine the levy balance for a financial quarter, take the following steps—

Step 1 Calculate the total amount of payments in respect of building safety levy received by the collecting authority during that quarter.

Step 2 Deduct the following from the amount determined under Step 1— the administrative expenses of the collecting authority during the financial quarter, and the total amount of payments made by the collecting authority, during the financial quarter, under regulations 65 and 66.

Step 3 If the levy balance for the immediately preceding financial quarter was a negative amount, deduct the amount of the deficit from the result given after Steps 1 and 2.

(3) If the levy balance for a financial quarter is a negative amount, paragraph (1) does not apply in respect of that financial quarter.

(4) In this regulation, “administrative expenses” are the aggregate amount incurred by a collecting authority, in its capacity as collecting authority, on the following—

(a) employing staff, or engaging contractors, to work on or assist with the collection, administration and enforcement of the building safety levy;

(b) costs of acquiring, developing, joining and using systems and services, including electronic or online systems and services, to be used in relation to the collection, administration and enforcement of the building safety levy;

(c) office costs incurred in relation to the collection, administration and enforcement of the building safety levy, including the cost of providing office equipment, stationery, and email, messaging and telephone services;

(d) costs of maintaining office equipment, systems or services referred to in sub-paragraph (b) and (c), including any specialist advice required to do so;

(e) costs, including rent, facilities management and provision of utility services, payable in relation to office accommodation used by the staff referred to in sub-paragraph (a), and for space occupied by the equipment, systems and services referred to in sub-paragraphs (b) and (c);

(f) costs associated with legal proceedings in connection with the building safety levy;

(g) any other amounts for which the collecting authority is legally liable in connection with the building safety levy.

Reimbursement by the Secretary of State

70

(1) This regulation applies if a collecting authority’s levy balance is a negative amount for the financial quarter ending on the last day of March in any year.

(2) The Secretary of State must make a payment to the collecting authority of an amount equal to the amount of the deficit.

(3) For the purposes of Step 3 in regulation 69 (2), the levy balance for that financial quarter is treated as being nil.

Part 12 — DECISIONS OF COLLECTING AUTHORITY: REVIEWS AND APPEALS

Request for a review

71

(1) The named client in relation to a building control application may request a review of—

(a) a decision by the collecting authority to give a levy liability notice under regulation 37 or its determination of the levy liability amount specified in such a notice;

(b) a decision by the collecting authority to revise a levy liability notice under regulation 53, regulation 54 or regulation 67 or its determination of the new levy liability amount specified in such a notice;

(c) a decision by the collecting authority to refuse to issue a refund under regulation 65 or 66 or its determination of a refund amount under those provisions.

(2) The request must be made to the collecting authority before the end of the period of 28 days beginning with the day on which the levy liability notice or the revision to the levy liability notice referred to in paragraph (1), or a decision under paragraph (1)(c) is given.

(3) The request must include the following information—

(a) the contact information for the named client,

(b) information identifying the building control application, or, in the case of an updated application, the original application and all of the related variation applications, to which the levy liability notice or, as the case may be, the revision to the levy liability notice relates,

(d) where the request is in relation to a decision under regulation 65, 66 or 67, information identifying the levy payment certificate in relation to the building control application, and

(e) the reason for requesting a review.

(4) The request may include, or be accompanied by, such other information as the named client considers relevant for the purposes of determining the amount of a refund or the amount of building safety levy chargeable in relation to the building control application whether or not that information was available at the time the application was made.

(5) A person may not request a review of the decision reached on an earlier review, but this does not prevent a review of a decision in relation to an updated application where a review has been carried out in relation to the original application or another updated application in relation to that original application.

Carrying out a review

72

(1) If a request for a review is made in accordance with regulation 71, the collecting authority must review the decision.

(2) The review referred to in paragraph (1) must be carried out by a person senior to the person making the original decision and who had no involvement with the original decision.

(3) In making a decision on a review under regulation 71 (1)(a) or (b), the collecting authority may—

(a) confirm the levy liability amount specified in a levy liability notice or a revision to a levy liability notice, or

(b) either—

(i) calculate a revised levy liability amount in relation to the building control application, or

(ii) determine that no building safety levy is chargeable in relation to the building control application.

(4) In making a decision on a review under regulation 71 (1)(c) the collecting authority may—

(a) confirm the refund amount,

(b) calculate a new refund amount under regulation 65 or 66 in relation to the building control application, or

(5) Before the end of the period of 28 days beginning with the date on which the request for review is received, the collecting authority must notify the named client of its decision on the review and the reasons for that decision, and regulations 37, 53, 54, 65, 66 or, as the case may be, 67 apply to the new decision as they applied to the original decision.

Appeal against decision on a review

73

(1) A person who has requested a review under regulation 71 may appeal to the First-tier Tribunal—

(a) against the collecting authority’s decision on the review;

(b) if the collecting authority fails to notify the person of the decision on the review within the period specified in regulation 72 (5), against the decision or determination to which the review relates.

(2) An appeal may not be made after the end of period of 28 days beginning with the day after—

(a) the day on which the collecting authority notifies the person of the decision under regulation 72 (5), or

(b) in a case within paragraph (1)(b), the day on which the period specified in regulation 72 (5) expires.

(3) The grounds on which an appeal may be made are that—

(a) the decision was based on an error of fact, or

(b) the decision was wrong in law.

(4) On an appeal the First-tier Tribunal may—

(a) confirm the decision of the collecting authority, or

(b) substitute for that decision another decision (the “new decision”) as to the amount of building safety levy chargeable in relation to the building control application or refund amount in relation to the application.

(5) Where the First-tier Tribunal substitutes a decision under paragraph (4)(b), then regulations 37, 53, 54, 65, 66 or, as the case may be, 67 apply to the new decision as they applied to the original decision.

Part 13 — SECRETARY OF STATE REVIEW OF REGULATIONS

Secretary of State review of building safety levy

74

(1) The Secretary of State must carry out reviews of—

(a) the operation of these Regulations, and

(b) the area rates specified in Schedule 3.

(2) After each review, the Secretary of State must publish a report of the review.

(3) The first report must be published before the end of the period of 3 years beginning with the day on which this regulation comes into force.

(4) Subsequent reports must be published at intervals not exceeding 3 years.

Schedule 1 — Exempt buildings

Exempt buildings: general

1

(1) A building is an “exempt building” if it is designed or adapted (or is in the process of being constructed or adapted) for use primarily as—

(a) school accommodation,

(b) a care home,

(c) a secure residential institution or other premises for the supervision and rehabilitation of persons charged with or convicted of offences,

(d) a hospital,

(e) accommodation for victims of domestic abuse,

(f) a children’s home, residential family centre or supported accommodation for children;

(g) a hotel or hostel,

(h) a monastery, nunnery, seminary or similar establishment,

(i) an almshouse, or

(j) temporary accommodation for homeless people.

(2) Paragraphs 2 to 8 apply for the purposes of this paragraph.

School accommodation

2

(1) “School accommodation” means residential accommodation provided by a school for the use of its students.

(2) “School” has the meaning given in section 4 of the Education Act 1996[^f00056].

Care homes

3

“Care home” has the meaning given in section 3 of the Care Standards Act 2000[^f00057].

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