The Building Safety Levy (England) Regulations 2025

Secure residential institutions

4

“Secure residential institution” means an institution used for the provision of secure residential accommodation, including as a prison, young offenders institution, detention centre, secure training centre, custody centre, short term holding centre or secure local authority accommodation.

Hospitals

5

“Hospital” means an institution which—

• (a) is a hospital within the meaning of section 275 of the National Health Service Act 2006[^f00058], and

• (b) has at least one bed intended for an overnight stay of a patient admitted to the institution.

Accommodation for victims of domestic abuse

6

“Accommodation for victims of domestic abuse” means accommodation of the description specified in regulation 2(2) of the Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021[^f00059].

Children’s homes, residential family centres and supported accommodation for children

7

• (1) The following terms have the same meaning as in the Care Standards Act 2000[^f00060]—

• “children’s home”;

• “residential family centre”.

• (2) “Supported accommodation for children” means accommodation that is within the definition of supported accommodation in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022[^f00061].

Temporary accommodation for homeless people

8

“Temporary accommodation for homeless people” means accommodation the availability for occupation of which is secured under Part 7 of the Housing Act 1996[^f00062].

Schedule 2 — Ordinary residential dwellings: exemptions

Part 1 — Social housing

“Social housing”: general

1

A dwelling is “social housing” if it satisfies at least one of conditions 1 to 4.

Condition 1

2

Condition 1 is that—

• (a) the dwelling is let by a registered provider of social housing on one of the following—

• (i) a demoted tenancy,

• (ii) an introductory tenancy,

• (iii) a secure tenancy,

• (iv) an arrangement that would be a secure tenancy but for paragraph 4ZA or 12 of Schedule 1 to the Housing Act 1985[^f00063],

• (v) an assured tenancy, including an assured shorthold tenancy,

• (vi) an assured agricultural occupancy,

• (vii) an arrangement that would be an assured tenancy or an assured agricultural occupancy but for paragraph 12(1)(h) or 12ZA of Schedule 1 to the Housing Act 1988[^f00064], and

• (b) either—

• (i) the dwelling is one in relation to which the Rent Standard 2020[^f00065] set under section 194(2A) of the Housing and Regeneration Act 2008[^f00066] applies, or

• (ii) if sub-paragraph (i) does not apply, the rent is no more than 80% of market rent, including service charges.

Condition 2

3

• (1) Condition 2 is that the following criteria are met—

• (a) the dwelling is occupied in accordance with shared ownership arrangements within the meaning of section 70(4) of the Housing and Regeneration Act 2008,

• (b) the percentage of the value of the dwelling paid as a premium on the day on which a lease is granted under the shared ownership arrangement does not exceed 75% of the market value (where the market value at any time is the price which the dwelling might reasonably be expected to fetch if sold at that time on the open market),

• (c) on the day on which a lease is granted under the shared ownership arrangements, the annual rent payable is not more than 3% of the value of the unsold interest, and

• (d) the restricted rent increase condition is met in respect of the lease.

• (2) The restricted rent increase condition is met in respect of a lease if—

• (a) the annual rent payable under the lease is not increased more than once in any 12 month period, and

• (b) if the annual rent is increased with effect from a date within that period (the “rent increase date”), either—

• (i) the percentage increase does not exceed the RPI increase for the reference period plus 0.5%, or

• (ii) the percentage increase does not exceed the CPI increase for the reference period plus 1%.

• (3) In sub-paragraph (2)(b), the “reference period”, in relation to a rent increase date, means a period of 12 months—

• (a) beginning on the first day of a month specified in, or determined by reference to, the lease, and

• (b) ending less than 12 months before the rent increase date.

• (4) In this paragraph—

• (a) “consumer prices index” means—

• (i) the general index for consumer prices for all items published by the Statistics Board[^f00067], or

• (ii) if that index is not published for a particular month, any substituted index or index figures published by the Statistics Board;

• (b) the “CPI increase”, in relation to a reference period, means the percentage change in the consumer prices index for the period;

• (c) “retail prices index” means—

• (i) the general index of retail prices for all items published by the Statistics Board, or

• (ii) if that index is not published for a particular month, any substituted index or index figures published by the Statistics Board;

• (d) the “RPI increase”, in relation to a reference period, means the percentage change in the retail prices index for the period.

Condition 3

4

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.

Condition 4

5

Condition 4 is that the following criteria are met—

• (a) the first sale of the dwelling is for no more than 70% of its market value (where the market value at any time is the price that the dwelling might reasonably be expected to fetch if sold at that time on the open market), and

• (b) a planning obligation has been entered into prior to the first sale of the dwelling designed to ensure that any subsequent sale of the dwelling is for no more than 70% of its market value.

Definitions

6

In this Part of this Schedule—

• “assured agricultural occupancy”, “assured shorthold tenancy” and “assured tenancy” have the same meanings as in Part 1 of the Housing Act 1988[^f00068];

• “demoted tenancy” means a tenancy to which section 20B of the Housing Act 1988[^f00069] or section 143A of the Housing Act 1996[^f00070] applies;

• “introductory tenancy” has the same meaning as in Chapter 1 of Part 5 of the Housing Act 1996[^f00071];

• “market rent” means the rent which the lease might reasonably be expected to fetch at that time on the open market;

• “planning obligation”means an obligation under section 106 of TCPA 1990;

• “secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985[^f00072];

• “unsold interest” means the freehold interest or the leasehold interest owned by the person providing the dwelling.

Part 2 — Supported housing

Supported housing

7

• (1) Each of the following is “supported housing”—

• (a) accommodation which is provided by a body listed in sub-paragraph (2) where that body, or a person acting on its behalf, also provides a person resident in the accommodation with care, support or supervision;

• (b) accommodation—

• (i) which is provided by a body listed in sub-paragraph (2),

• (ii) into which people are admitted in order to meet a need for care, support or supervision, and

• (iii) where that person receives care, support or supervision.

• (2) For the purposes of sub-paragraph (1) the bodies are—

• (a) a local authority,

• (b) a housing association,

• (c) registered charity, or

• (d) a voluntary organisation,

• (3) In this paragraph—

• “housing association” has the meaning given by section 1 of the Housing Associations Act 1985[^f00073];

• “registered charity” means a charity registered under the Charities Act 2011[^f00074].

Part 3 — Exempt accommodation

8

• (1) “Exempt accommodation” means—

• (a) school accommodation,

• (b) accommodation for victims of domestic abuse,

• (c) supported accommodation for children,

• (d) temporary accommodation for homeless people, or

• (e) accommodation provided in—

• (i) a care home,

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

• (iii) a hospital,

• (iv) a children’s home or residential family centre,

• (v) a hotel or hostel,

• (vi) a monastery, nunnery, seminary or similar establishment, or

• (vii) an almshouse.

• (2) Terms used in sub-paragraph (1) have the same meaning as in Schedule 1.

Schedule 3 — Area Rates

Local authority area	Previously developed land area rate (£)	Non-previously developed land area rate (£)
Adur	19.45	38.91
Amber Valley	10.56	21.12
Arun	17.73	35.47
Ashfield	9.69	19.38
Ashford	16.99	33.98
Babergh	14.63	29.26
Barking and Dagenham	21.23	42.47
Barnet	31.68	63.35
Barnsley	8.30	16.60
Basildon	18.02	36.04
Basingstoke and Deane	19.10	38.20
Bassetlaw	8.97	17.93
Bath and North East Somerset	19.60	39.20
Bedford	17.11	34.23
Bexley	24.00	48.00
Birmingham	14.62	29.23
Blaby	14.23	28.47
Blackburn with Darwen	7.28	14.55
Blackpool	7.78	15.57
Bolsover	9.60	19.20
Bolton	10.07	20.15
Boston	10.50	21.00
Bournemouth, Christchurch and Poole	17.65	35.29
Bracknell Forest	19.88	39.76
Bradford	8.73	17.45
Braintree	16.56	33.12
Breckland	12.21	24.42
Brent	32.35	64.69
Brentwood	23.29	46.58
Brighton and Hove	24.80	49.60
Bristol, City of	21.48	42.97
Broadland	14.95	29.89
Bromley	24.81	49.63
Bromsgrove	17.24	34.48
Broxbourne	20.35	40.70
Broxtowe	12.95	25.90
Buckinghamshire	19.39	38.78
Burnley	6.80	13.60
Bury	12.14	24.29
Calderdale	8.06	16.12
Cambridge	25.44	50.87
Camden	43.56	87.12
Cannock Chase	12.78	25.57
Canterbury	18.19	36.38
Castle Point	16.85	33.70
Central Bedfordshire	17.00	34.01
Charnwood	13.56	27.12
Chelmsford	18.16	36.32
Cheltenham	15.67	31.35
Cherwell	16.78	33.56
Cheshire East	12.39	24.77
Cheshire West and Chester	12.42	24.85
Chesterfield	9.38	18.75
Chichester	19.99	39.98
Chorley	10.14	20.27
City of London	43.52	87.04
Colchester	16.37	32.74
Cornwall	14.79	29.58
Cotswold	20.55	41.10
County Durham	6.35	12.70
Coventry	13.79	27.58
Crawley	20.70	41.40
Croydon	26.01	52.03
Cumberland	7.31	14.63
Dacorum	24.10	48.19
Darlington	7.69	15.38
Dartford	18.64	37.28
Derby	11.21	22.42
Derbyshire Dales	14.51	29.02
Doncaster	8.66	17.32
Dorset	17.24	34.48
Dover	15.19	30.38
Dudley	14.09	28.17
Ealing	33.24	66.47
East Cambridgeshire	13.28	26.57
East Devon	17.03	34.06
East Hampshire	20.09	40.18
East Hertfordshire	20.98	41.95
East Lindsey	10.07	20.14
East Riding of Yorkshire	9.92	19.85
East Staffordshire	10.87	21.75
East Suffolk	13.99	27.97
Eastbourne	18.80	37.61
Eastleigh	16.97	33.95
Elmbridge	21.08	42.17
Enfield	22.06	44.13
Epping Forest	23.09	46.18
Epsom and Ewell	28.31	56.62
Erewash	11.86	23.72
Exeter	16.17	32.35
Fareham	18.03	36.05
Fenland	10.62	21.23
Folkestone and Hythe	15.04	30.07
Forest of Dean	14.83	29.66
Fylde	10.88	21.77
Gateshead	7.97	15.93
Gedling	11.78	23.56
Gloucester	14.42	28.83
Gosport	16.19	32.37
Gravesham	18.23	36.46
Great Yarmouth	11.12	22.24
Greenwich	27.16	54.33
Guildford	23.07	46.15
Hackney	35.75	71.51
Halton	10.52	21.04
Hammersmith and Fulham	45.94	91.87
Harborough	14.74	29.47
Haringey	33.33	66.66
Harlow	19.87	39.75
Harrow	29.94	59.88
Hart	23.06	46.13
Hartlepool	6.41	12.82
Hastings	15.11	30.21
Havant	17.41	34.83
Havering	23.84	47.68
Herefordshire, County of	13.47	26.94
Hertsmere	23.69	47.37
High Peak	13.72	27.43
Hillingdon	27.33	54.66
Hinckley and Bosworth	13.39	26.79
Horsham	20.79	41.57
Hounslow	29.15	58.29
Huntingdonshire	14.56	29.12
Hyndburn	7.41	14.83
Inner Temple	43.52	87.04
Ipswich	12.79	25.58
Isle of Wight	14.71	29.42
Isles of Scilly	14.79	29.58
Islington	39.52	79.04
Kensington and Chelsea	50.17	100.35
King's Lynn and West Norfolk	10.58	21.16
Kingston upon Hull, City of	8.29	16.58
Kingston upon Thames	28.84	57.68
Kirklees	8.44	16.88
Knowsley	9.95	19.91
Lambeth	30.77	61.54
Lancaster	10.22	20.44
Leeds	12.29	24.57
Leicester	13.64	27.29
Lewes	20.07	40.13
Lewisham	27.42	54.84
Lichfield	15.29	30.58
Lincoln	11.06	22.12
Liverpool	10.81	21.61
Luton	19.22	38.44
Maidstone	17.58	35.15
Maldon	16.90	33.81
Malvern Hills	14.78	29.56
Manchester	14.22	28.44
Mansfield	9.12	18.23
Medway	16.12	32.24
Melton	11.96	23.93
Merton	29.51	59.02
Mid Devon	13.49	26.98
Mid Suffolk	14.26	28.53
Mid Sussex	20.12	40.23
Middle Temple	43.52	87.04
Middlesbrough	6.80	13.59
Milton Keynes	15.32	30.63
Mole Valley	22.50	44.99
New Forest	18.51	37.01
Newark and Sherwood	11.58	23.16
Newcastle upon Tyne	9.85	19.71
Newcastle-under-Lyme	9.89	19.79
Newham	23.61	47.23
North Devon	14.42	28.84
North East Derbyshire	11.07	22.14
North East Lincolnshire	6.88	13.76
North Hertfordshire	18.45	36.90
North Kesteven	11.65	23.29
North Lincolnshire	8.48	16.95
North Norfolk	14.22	28.44
North Northamptonshire	12.98	25.97
North Somerset	16.09	32.18
North Tyneside	10.22	20.45
North Warwickshire	12.26	24.51
North West Leicestershire	11.28	22.55
North Yorkshire	12.44	24.88
Northumberland	8.39	16.77
Norwich	15.31	30.63
Nottingham	11.77	23.55
Nuneaton and Bedworth	12.14	24.28
Oadby and Wigston	12.76	25.52
Oldham	10.27	20.53
Oxford	23.62	47.24
Pendle	6.55	13.11
Peterborough	13.36	26.73
Plymouth	12.06	24.13
Portsmouth	15.52	31.05
Preston	7.59	15.19
Reading	21.89	43.77
Redbridge	28.51	57.02
Redcar and Cleveland	8.19	16.39
Redditch	14.76	29.51
Reigate and Banstead	21.88	43.76
Ribble Valley	12.16	24.32
Richmond upon Thames	36.60	73.20
Rochdale	11.47	22.95
Rochford	18.21	36.42
Rossendale	8.75	17.51
Rother	16.95	33.91
Rotherham	9.11	18.22
Rugby	14.09	28.19
Runnymede	22.86	45.71
Rushcliffe	14.61	29.23
Rushmoor	19.41	38.81
Rutland	15.59	31.17
Salford	15.18	30.35
Sandwell	12.46	24.92
Sefton	10.83	21.66
Sevenoaks	21.08	42.15
Sheffield	11.88	23.76
Shropshire	12.34	24.68
Slough	21.41	42.83
Solihull	17.56	35.12
Somerset	14.23	28.45
South Cambridgeshire	18.98	37.95
South Derbyshire	11.23	22.46
South Gloucestershire	17.77	35.54
South Hams	15.71	31.42
South Holland	11.39	22.79
South Kesteven	12.24	24.47
South Norfolk	14.42	28.84
South Oxfordshire	21.18	42.37
South Ribble	10.06	20.13
South Staffordshire	14.77	29.53
South Tyneside	8.23	16.45
Southampton	16.13	32.27
Southend-on-Sea	19.12	38.24
Southwark	28.47	56.93
Spelthorne	25.81	51.62
St Albans	24.77	49.55
St. Helens	10.37	20.73
Stafford	12.29	24.58
Staffordshire Moorlands	11.05	22.09
Stevenage	21.73	43.46
Stockport	15.34	30.69
Stockton-on-Tees	7.35	14.70
Stoke-on-Trent	8.28	16.56
Stratford-on-Avon	16.03	32.05
Stroud	15.75	31.50
Sunderland	7.13	14.26
Surrey Heath	23.39	46.78
Sutton	27.52	55.03
Swale	15.86	31.72
Swindon	13.53	27.06
Tameside	11.90	23.80
Tamworth	11.92	23.84
Tandridge	22.00	44.00
Teignbridge	14.89	29.78
Telford and Wrekin	12.18	24.37
Tendring	12.40	24.80
Test Valley	18.17	36.34
Tewkesbury	16.00	32.01
Thanet	15.78	31.56
Three Rivers	27.20	54.39
Thurrock	19.31	38.62
Tonbridge and Malling	21.06	42.12
Torbay	13.26	26.52
Torridge	13.86	27.73
Tower Hamlets	30.60	61.20
Trafford	19.92	39.83
Tunbridge Wells	19.62	39.25
Uttlesford	18.12	36.25
Vale of White Horse	18.51	37.01
Wakefield	10.04	20.08
Walsall	12.74	25.47
Waltham Forest	29.98	59.97
Wandsworth	34.25	68.50
Warrington	12.94	25.88
Warwick	17.82	35.65
Watford	25.14	50.29
Waverley	22.43	44.85
Wealden	17.88	35.77
Welwyn Hatfield	22.79	45.57
West Berkshire	19.95	39.90
West Devon	14.80	29.61
West Lancashire	10.53	21.06
West Lindsey	9.29	18.58
West Northamptonshire	13.84	27.69
West Oxfordshire	17.54	35.08
West Suffolk	14.82	29.64
Westminster	49.01	98.01
Westmorland and Furness	9.90	19.79
Wigan	10.11	20.22
Wiltshire	15.80	31.61
Winchester	21.63	43.26
Windsor and Maidenhead	21.09	42.17
Wirral	11.12	22.23
Woking	24.27	48.54
Wokingham	22.49	44.98
Wolverhampton	12.21	24.41
Worcester	14.87	29.74
Worthing	18.66	37.33
Wychavon	16.52	33.05
Wyre	8.93	17.86
Wyre Forest	13.27	26.55
York	15.81	31.61

Schedule 4 — Named client

Named client in relation to building control applications with full plans or related updated application

1

• (1) This paragraph applies in relation to a building control application which is—

• (a) an application for building control approval with full plans, or

• (b) an updated application in relation to an application for building control approval with full plans.

• (2) Except where sub-paragraph (3) applies, the named client is—

• (a) the person named in the relevant application as the client under regulation 14(1)(b) of the 2010 Regulations, or

• (b) if no person is named in the relevant application under regulation 14(1)(b), the applicant named under regulation 14(1)(a) of the 2010 Regulations.

• (3) If, after the relevant application is made, a person gives notice to a local authority or the regulator under regulation 11O(2) of the 2010 Regulations in relation to the building work to which the application relates, the named client is—

• (a) the person named as the new client in that notice, or

• (b) if more than one notice is given, the person named as the new client in the latest of those notices.

• (4) For the purposes of sub-paragraph (3), “relevant application” means—

• (a) in a case within sub-paragraph (1)(a), references to the application for building control approval with full plans, and

• (b) in a case within sub-paragraph (1)(b), references to the variation application in relation to the updated application.

Named client in relation to initial notice or related updated application

2

• (1) This paragraph applies in relation to a building control application which is—

• (a) an initial notice, or

• (b) an updated application in relation to an initial notice.

• (2) The named client is—

• (a) the person named as the client under paragraph 3 of Form 1 (as read with note (4)) or paragraph 3 of Form 4 (as read with note (5)) in Schedule 1 to the RBCA Regulations,

• (b) if paragraph 1(j) of the Annex to Form 2 in Schedule 1 to the RBCA Regulations applies, the person named as the named client in the building safety levy information provided with an amendment notice whether or not the amendment notice is rejected,

• (c) if regulation 15(2B) of the RBCA Regulations applies, the person named as the named client in the statement required by that regulation whether or not the notice under regulation 15(2) of the RBCA Regulations is rejected,

• (d) if a levy update notice is given in relation to the initial notice, the person named as the named client in that notice,

• (e) if paragraph 16 of Form 5 in Schedule 1 to the RBCA Regulations requires details of the client to be provided, the person named as the client in the final certificate whether or not the final certificate is rejected,

• (f) if a notice is given under section 51C of the 1984 Act by a person who now proposes to carry out the work, the person named as the client under paragraph 2 of Form 8 (as read with note (2)) in Schedule 1 to the RBCA Regulations,

• (g) if a notice has been given under sub-paragraph (3), the person named as the named client in that notice, or

• (h) if more than one notice or certificate referred to in paragraph (b) to (g) has been given, the person named as the new client in the latest of those notices or certificates.

• (3) If a new person (NP) becomes the client in relation to building work to which a building control application referred to in sub-paragraph (1) relates, then NP may give a notice, signed by them, to the collecting authority which—

• (a) states that the person giving the notice is now the named client in relation to the building control application;

• (b) identifies the building control application to which the notice relates;

• (c) sets out the contact information for the new named client.

• (4) In sub-paragraphs (2)(f) and (3), “the client” has the meaning given in regulation 2 of the 2010 Regulations.

Named client in relation to higher-risk building application or related updated application

3

• (1) This paragraph applies in relation to—

• (a) a building control application which is a higher-risk building application, and

• (b) an updated application in relation to a higher-risk building application.

• (2) Except where sub-paragraph (3) applies, the named client is—

• (a) in the case of a building control approval application for HRB work, the person named as the client under regulation 4(1)(a) of the HRB Regulations,

• (b) in the case of a building control approval application for a stage of HRB work, the person named as the client under regulation 4(1)(a) and (3)(a) of the HRB Regulations,

• (c) in the case of a building control approval application for work to existing HRB, the person named as the client under regulation 12(1)(a) of the HRB Regulations, or

• (d) in the case of an updated application, the person named as the client under regulation 21(1)(a) of the HRB Regulations.

• (3) If a person gives notice to the regulator under regulation 27(2) of the HRB Regulations in relation to the building work to which the application relates, the named client is—

• (a) the person named as the new client in that notice, or

• (b) if more than one notice is given, the person named as the new client in the latest of those notices.

Schedule 5 — RBCA Regulations: substituted forms

The following Forms 1, 2, 4 and 5 are substituted for the corresponding forms in Schedule 1 to the RBCA Regulations.

Signed

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Samantha Dixon — Parliamentary Under Secretary of State for Building Safety, Fire and Democracy — Ministry of Housing, Communities and Local Government — 19th November 2025

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations make provision for the imposition of a Building Safety Levy (“the levy”) by reference to building control applications. These Regulations provide for who is liable to pay the levy, how it is to be calculated, when it is to be paid, and how the revenue collected is passed to the Secretary of State. They also set out the consequences for failure to provide information for the purpose of the levy and for failure to pay the levy.

“Collecting authorities” are responsible for collecting and administering the levy. Regulation 4 designates local authorities as collecting authorities and provides how to identify the relevant collecting authority for a building control application.

Regulation 2, Part 3 and Schedules 1 and 2 set out definitions and interpretative provisions in relation to key concepts in these Regulations.

Part 4 and Schedule 3 make provision about when the levy charge arises, and how the charge is calculated. Regulation 15 provides that a levy charge will arise on a building control application for building work which creates or increases residential floorspace (Part 3 makes provision about “residential floorspace”) and which, either on its own or taken together with other development subject to a planning permission, provides at least 10 dwellings or at least 30 bedspaces in purpose-built student accommodation. The levy charge will not arise if the person who is liable to pay the levy (“the named client”) is exempt (regulation 13). Regulation 16 provides that the amount charged is calculated by reference to the chargeable floorspace (as set out in regulations 17 to 19, with again relevant provision made in Part 3) multiplied by the applicable area rate. Regulations 20 and 21 provide that the applicable area rate will be that set out in Schedule 3 in relation to the relevant collecting authority; different rates apply to work on previously developed sites.

Part 5 makes provision about the payment of the levy. Regulations 22 and 23 and Schedule 4 identify the named client. Regulation 24 provides that the levy is to be paid by the date of the first completion notice or first date of occupation, whichever is earliest.

Part 6 amends the Building Regulations 2010 (S.I. 2010/2214), the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110, “the RBCA Regulations”) and the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909, “the HRB Regulations”) to require that information related to the levy is to be included in certain applications and notices made to the local authority, to the registered building control approver or to the building safety regulator (“the regulator”) (regulations 25 to 31). If the required levy information is not included in an initial notice, amendment notice or a plans certificate combined with an initial notice, those notices must be rejected (regulation 29(6) and Schedule 5). If required information is not included in an application for approval with full plans or a higher-risk building application, the Building Regulations 2010 and HRB Regulations respectively provide that the relevant authority may reject the application.

Regulations 32 and 33 also make provision for information to be shared by the regulator with the collecting authority, where the regulator receives an application or a commencement notice that includes levy information. Regulation 34 provides that the regulator is to inform the collecting authority when they receive notification of a change of named client. Regulation 35 requires a collecting authority to confirm to the regulator that it has received levy evidence from a named client within 10 working days where that is required.

Part 7 makes provision about how and when the collecting authority must determine if the application is chargeable, calculating the levy charge and issuing levy determination notices: where the application is chargeable, the notice is a “levy liability notice” (regulation 39) and where it is not, the notice is a “notice of no charge” (regulation 40).

Part 8 makes provision about the effect of further building control applications and the provision for information and assessment of the levy in these circumstances.

Part 9 makes provision about spot checks by the collecting authority to assess the accuracy of levy information (regulations 46 to 51). Part 9 also makes provision for revised levy determination if a named client updates the levy information where they become, or cease to be, an exempt person or any of the dwellings become, or cease to be, exempt (regulations 52 and 53). A named client may also request a revised levy determination in certain circumstances, including where part of the building control approval to which the levy liability relates has lapsed (regulation 54).

Part 10 provides that a collecting authority is to give a certificate when the levy is paid (regulations 55 and 56). Part 10 also amends the Building Regulations 2010, the RBCA Regulations and the HRB Regulations to require that information related to levy liability and payment is to be included in certain notices and declarations made to the local authority, to the registered building control approver or to the regulator (regulations 57, 59 and 61). Regulation 58 amends the Building Regulations 2010 to provide that the completion certificate must be withheld unless there is confirmation pursuant to regulation 63 that the levy liability has been paid or no levy is payable. Regulation 60 (and Schedule 5) amends the RBCA Regulations to provide that the final certificate must be rejected unless there is such confirmation. Regulation 62 amends the HRB Regulations to provide that the completion certificate application must be rejected unless there is such confirmation. Regulation 64 provides that the Secretary of State, when determining an application for a completion certificate, must also reject it unless there is such a confirmation.

Provision is also made for refunds (Chapter 4). Regulation 65 provides that a refund is payable where, following a variation application, a levy update notice, a review or an appeal, the levy liability has been found to be lower than the levy payment made. Regulation 66 provides that the named client may apply for a refund where certain conditions are met, including where part of the building control approval to which the levy liability relates has lapsed. Regulation 67 makes provision about related notice requirements.

Part 11 makes provision for collecting authorities to pay levy receipts, less an amount for administrative expenses, to the Secretary of State within 42 days of the end of the relevant financial quarter (regulation 69) and provide a return within 30 days of the end of the relevant financial quarter (regulation 68). Regulation 70 makes provision for the Secretary of State to make a payment if a collecting authority’s balance is negative at the end of any financial year.

Part 12 makes provision for reviews of decisions relating to levy charges and refunds (regulations 71 and 72), and subsequent appeals to the First-tier Tribunal (regulation 73).

Part 13 contains a review clause (regulation 74).

An impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk and is available for inspection during office hours at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

Footnotes

[^f00001]: 1984 c. 55. Section 51A was inserted by S.I. 1996/1905. Sections 105C and 120A were inserted by section 58 of, and paragraph 77 of Schedule 5 to, the Building Safety Act 2022 (c. 30) respectively. Section 120B was inserted by paragraph 77 of Schedule 5 to that Act. Section 51(2) applies the powers in section 50(5) to (7) to final certificates. Section 51A(6) applies the powers in section 47(5) to amendment notices. See section 105C(11) for the definition of “specified” and section 126 for the definition of “prescribed”.

[^f00002]: S.I. 2010/2214, as amended by S.I. 2012/3119, 2016/285, 2022/564, 2023/520, 2023/911 and 2024/110. There are other amending instruments, but none is relevant to this instrument.

[^f00003]: Regulation 17A is inserted into the HRB Regulations by regulation 31 of this instrument.

[^f00004]: Regulation 14ZA is inserted into the 2010 Regulations by regulation 27 of this instrument.

[^f00005]: See section 47 of the 1984 Act.

[^f00006]: Forms 1 and 4 of Schedule 1 to the RBCA Regulations are substituted by regulation 29 of this instrument.

[^f00007]: Section 51A of the 1984 Act which was inserted by S.I. 1996/1905.

[^f00008]: Form 2 of Schedule 1 to the RBCA Regulations is substituted by regulation 44 of this instrument.

[^f00009]: 1990 c. 8. Section 55 was amended by sections 13 and 14 of, and Schedules 6 and 19 to, the Planning and Compensation Act 1991 (c. 34); section 49 of, and Schedules 6 and 9 to, the Planning and Compulsory Purchase Act 2004 (c. 5), and S.I. 1999/293.

[^f00010]: S.I. 2023/909, to which there are amendments not relevant to these Regulations.

[^f00011]: Regulation 17B is inserted into the HRB Regulations by regulation 31 of this instrument.

[^f00012]: Regulation 16A is inserted into the 2010 Regulations by regulation 28 of this instrument.

[^f00013]: Regulation 15A is inserted into the RBCA Regulations by regulation 29 of this instrument.

[^f00014]: 1990 c. 8. The definition of “planning permission” is amended by Schedule 19 to the Planning and Compensation Act 1991 (c. 34), paragraph 40(3) of Schedule 12 to the Housing and Planning Act 2016 (c. 22) and paragraph 10(b) of Schedule 10 to the Levelling-up and Regeneration Act 2023 (c. 55).

[^f00015]: S.I. 2024/110, to which there are amendments not relevant to these Regulations.

[^f00016]: Section 91ZB was inserted by section 32(3) of the Building Safety Act 2022. See section 121A of the 1984 Act, which was inserted by section 32 of the 2022 Act, for the definition of “building control authority”.

[^f00017]: 1971 c. 80.

[^f00018]: See regulation 2 of those Regulations.

[^f00019]: See regulation 2 of those Regulations.

[^f00020]: See section 126 of the 1984 Act for the definition of “local authority” which was substituted by paragraph 14(4) of Schedule 7 to the Local Government Act 1985 (c. 51). There are other amendments to section 126 not relevant to this instrument.

[^f00021]: Regulation 14 was substituted by S.I. 2023/911.

[^f00022]: 2004 c. 8. See section 11 for the definition of “qualifying institution”. Section 11 is amended by section 89(2) of the Consumer Rights Act 2015 (c. 15) and section 89(2) of the Higher Education and Research Act 2017 (c. 29).

[^f00023]: The Code of Measuring Practice (6th edition) was published by the Royal Institution of Chartered Surveyors in May 2015. The Code is available at https://www.rics.org/profession-standards/rics-standards-and-guidance/sector-standards/real-estate-standards/code-of-measuring-practice and is also available for inspection during office hours at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

[^f00024]: By virtue of Schedule 1 to the Interpretation Act 1978 (c. 30) see section 80 of the Housing and Regeneration Act 2008 (c. 17) for the meaning of “registered provider of social housing” and section 115 of that Act for what is meant by “non-profit” in relation to such providers. Section 80 was amended by S.I. 2010/844. Section 115 was amended by paragraph 23 of Schedule 4 to the Housing and Planning Act 2016 (c. 22), section 8 of, and paragraph 2 of Schedule 4 to, the Social Housing (Regulation) Act 2023 (c. 36) and S.I. 2010/844.

[^f00025]: Regulation 46A was inserted into the 2010 Regulations by S.I. 2023/911.

[^f00026]: Section 53A was inserted into the 1984 Act by section 36(7) of the Building Safety Act 2022 (c. 30).

[^f00027]: Regulation 16(3C) was inserted into the 2010 Regulations by S.I. 2023/911.

[^f00028]: 2008 c. 29.

[^f00029]: S.I. 2015/596, which has been amended by S.I. 2016/332, 2016/765, 2016/772, 2016/1040, 2016/1154, 2017/391, 2017/571, 2017/619, 2017/1011, 2017/1012, 2018/119, 2018/343, 2018/695, 2019/907, 2020/330, 2020/412, 2020/632, 2020/755, 2020/756, 2020/1243, 2020/1459, 2021/428, 2021/467, 2021/814, 2021/1464, 2022/278, 2023/747, 2023/1279 and 2024/141.

[^f00030]: For the definition of “registered building control approver” see section 58N of the 1984 Act which was inserted by section 42 of the Building Safety Act 2022.

[^f00031]: Regulation 14A was inserted by S.I. 2023/911.

[^f00032]: Regulation 16(3CA) is inserted by regulation 28 of this instrument.

[^f00033]: Regulation 16(3E) was inserted by S.I. 2023/911.

[^f00034]: Regulation 11O was inserted by S.I. 2023/911.

[^f00035]: Section 51A was substituted by section 46(2) of the Building Safety Act 2022.

[^f00036]: Section 51B(1) was substituted by paragraph 43 of Schedule 5 to the Building Safety Act 2022.

[^f00037]: Regulations 17A and 17B are inserted into the HRB Regulations by regulation 31 of this instrument.

[^f00038]: Regulation 16(3CA) is inserted into the 2010 Regulations by regulation 28 of this instrument.

[^f00039]: Regulations 9(3A) and 17(3A) are inserted into the HRB Regulations by regulation 30 of this instrument.

[^f00040]: Regulation 15(2A) is inserted into the RBCA Regulations by regulation 29 of this instrument.

[^f00041]: Regulation 14(5) and (6) were inserted into the 2010 Regulations by regulation 26 of this instrument.

[^f00042]: Regulation 21(3) and (4) were inserted into the HRB Regulations by regulation 45 of this instrument.

[^f00043]: Form 2 was substituted in Schedule 1 to the RBCA Regulations by regulation 44 of this instrument.

[^f00044]: Regulation 14(1)(h) was inserted into the 2010 Regulations by regulation 26 of this instrument.

[^f00045]: Regulation 21(2)(g) was inserted into the HRB Regulations by regulation 45 of this instrument.

[^f00046]: Section 32 was substituted and section 53A was inserted into the 1984 Act by section 36 of the Building Safety Act 2022.

[^f00047]: Section 50(5) to (7) of the 1984 Act, as applied to final certificates by section 51(2), sets out when a final certificate is accepted.

[^f00048]: See section 51 of the 1984 Act for the definition of “final certificate”.

[^f00049]: Section 50(5) to (7) of the 1984 Act, as applied to final certificates by section 51(2), sets out when a final certificate is accepted.

[^f00050]: Section 52A was inserted into the 1984 Act by S.I. 1996/1905 and substituted by section 46(3) of the Building Safety Act 2022.

[^f00051]: See section 121A of the 1984 Act for the definition of building control authority. Section 121A was inserted by section 32(4) of the Building Safety Act 2022.

[^f00052]: Sections 91ZA and 91ZB were inserted into the 1984 Act by section 32(3) of the Building Safety Act 2022.

[^f00053]: Section 53D was inserted into the 1984 Act by section 51(2) of the Building Safety Act 2022.

[^f00054]: Regulation 16A is inserted into the 2010 Regulations by regulation 28 of this instrument.

[^f00055]: Section 32 was substituted and section 53A was inserted into the 1984 Act by section 36 of the Building Safety Act 2022.

[^f00056]: 1996 c. 56. Section 4 is amended by sections 51 and 57 of the Education Act 1997 (c. 44), section 216(4) of the Education Act 2002 (c. 32), section 95 of the Childcare Act 2006 (c. 21), S.I. 2010/1080, section 82 of the Education Act 2011 (c. 21) and S.I. 2019/1027.

[^f00057]: 2000 c. 14. Section 3 is amended by sections 95 and 170 of the Health and Social Care Act 2008 (c. 14) and section 188 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

[^f00058]: 2006 c. 41.

[^f00059]: S.I. 2021/991.

[^f00060]: 2000 c. 14. For the definitions of “children’s home” and “residential family centre” see sections 1 and 4(2) of that Act. Section 1 was amended by paragraphs 1 and 2 of Schedule 5 to the Health and Social Care Act 2008 (c. 14) and paragraphs 1 and 2 of Schedule 3 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2). Section 4(2) was amended by paragraph 4 of Schedule 3 to the 2016 Act.

[^f00061]: S.I. 2022/808.

[^f00062]: 1996 c. 52.

[^f00063]: 1985 c. 68. Paragraph 4ZA of Schedule 1 was inserted by section 297 of the Housing and Regeneration Act 2018 (c. 17) and amended by paragraph 12 of Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12); paragraph 17 of Schedule 7 to the Housing and Planning Act 2016 (c. 22) and S.I. 2022/1166.

[^f00064]: 1988 c. 50. Paragraph 12(1)(h) was amended by section 137 of the Housing (Wales) Act 2014 (anaw 7) and S.I. 2022/1166. Paragraph 12ZA was inserted by section 297 of the Housing and Regeneration Act 2008 and amended by paragraph 20 of Schedule 11 to the Anti-Social Behaviour, Crime and Policing Act 2014 and S.I. 2010/844 and 2022/116.

[^f00065]: The Rent Standard 2020 was published by the Department in 2020. The Rent Standard is available at https://www.gov.uk/government/publications/rent-standard-2020 and is also available for inspection during office hours at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

[^f00066]: 2008 c. 17. Section 194(2A) was inserted by paragraph 5 of Schedule 17 to the Localism Act 2011 (c. 20).

[^f00067]: The Statistics Board was established by section 1 of the Statistics and Registration Service Act 2007 (c. 18).

[^f00068]: 1988 c. 50. For the meaning of “assured agricultural occupancy” see section 24 of that Act, which was amended by section 103 of the Housing Act 1996 (c. 52) (“the 1996 Act”) and S.I. 1990/434. For the meaning of “assured shorthold tenancy” see sections 19A and 20 of the Housing Act 1988; section 19A was inserted by section 96 of the 1996 Act and section 20 was amended by Schedules 8 and 19 to that Act. For the meaning of “assured tenancy” see section 1 of the Housing Act 1988, which was amended by Schedule 19 to the 1996 Act, paragraph 4 of the Schedule to the Prevention of Social Housing Fraud Act 2013 (c. 3) and S.I. 1990/434 and 2022/1166.

[^f00069]: Section 20B was inserted by section 15 of the Anti-Social Behaviour Act 2003 (c. 38) and amended by section 163(1) of the Localism Act 2011 (c. 20) and S.I. 2010/866.

[^f00070]: Section 143A was inserted by paragraph 1 of Schedule 1 to the Anti-Social Behaviour Act 2003 (c. 38) and is amended by paragraph 25 of Schedule 7 to the Housing and Planning Act 2016 (c. 22) (not yet in force) and S.I. 2010/866 and 2022/1166.

[^f00071]: For the meaning of “introductory tenancy” see section 124, which is amended by paragraph 20 of Schedule 7 to the Housing and Planning Act 2016 (not yet in force) was amended by S.I. 2010/866 and 2022/1166 (not all amendments in the latter Regulations are in force).

[^f00072]: 1985 c. 68. For the meaning of “secure tenancy” see section 79 of that Act, which was amended by S.I. 2022/1166.

[^f00073]: 1985 c. 69. Section 1 was amended by sections 1 and 3 of, and paragraph 6 of Schedule 2 to, the Housing (Scotland) Act 1988 (c. 43); paragraph 36 of Schedule 4 to the Co-operative and Community Benefit Societies Act 2014 (c. 14) and S.I. 1996/2325.

[^f00074]: 2011 c. 25.