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The Building Safety Levy (England) Regulations 2025

On 10 July 2025 the government laid its draft Building Safety Levy Regulations before Parliament The Building Safety Levy (England) Regulations 2025.

These draft Regulations are subject to the affirmative procedure requiring approval by the House of Commons and the House of Lords. Subject to the will of Parliament, the Regulations provide that the levy will start being charged from 1 October 2026.

  • From 1 October 2026 the levy will apply to all residential development in England, unless exempted, please see the draft levy regulations The Building Safety Levy (England) Regulations 2025 and levy guidance  Building Safety Levy: Guidance - Guidance - GOV.UK.
  • The levy is charged on relevant building control applications and notices. Building control full plans applications / initial notices / HRB applications for works providing at least 1 dwelling or a bedspace in PBSA will have to include information for the purpose of the levy, otherwise their application may be ejected (or in the case of initial notice must be rejected). Further information for levy calculation will be provided at commencement notice stage.
  • Local authorities with building control responsibility will act as levy collecting authorities. Rates vary by local authority and whether the development is on previously developed land, please see the rates table Building Safety Levy: Guidance - Section 2: Levy rates and calculations - Guidance - GOV.UK.
  • Affordable housing, supported housing and any housing built by non-profit registered providers (and their wholly-owned subsidiaries) is exempt from the charge.
  • The levy charge is calculated by collecting authorities following provision of information and evidence at commencement notice stage. Payment must be made prior to the earlier of occupation and completion stage and must be made to the local authority acting as collecting authority (the local authority where the proposed buildings are located).
  • If a residential developer wishes to dispute the levy charge, a refund amount or the decision not to issue a refund, they can request a review by the collecting authority within 28 days. If a developer remains in dispute they can appeal the matter to the First Tier Tribunal.
  • Failure to pay the levy will mean the building control authority will withhold the completion certificate or reject the final certificate.

For further information on the levy please visit the following publications by the UK government.