The Building Safety Levy (England) Regulations 2025

• Citation: S.I. 2025/1236
• Sections: 93

Section 1 Citation, commencement, extent and application

(1) These Regulations may be cited as the Building Safety Levy (England) Regulations 2025.

(2) These Regulations come into force on 1st October 2026.

(3) These Regulations extend to England and Wales.

(4) These Regulations apply in relation to England only.

(5) These Regulations do not apply in relation to any building control application made before the day on which these Regulations come into force (“commencement date”).

(6) These Regulations do not apply to—

(a) a variation application made on or after the commencement date, or

(b) a commencement notice given on or after the commencement date,

if the variation application or commencement notice relates to an original application which was made before the commencement date.

Section 2 Interpretation

(1) In these Regulations—

“ the 1984 Act ” means the Building Act 1984;

“ the 2010 Regulations ” means the Building Regulations 2010 ;

“ bedspace ” has the meaning given by regulation 6 (4) ;

“ building ”, except in regulation 21 , means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;

“ building control application ” has the meaning given by regulation 5 (1) ;

“ building safety levy ” has the meaning given by regulation 3;

“ building safety levy information ” has the meaning given in—

in relation to a higher-risk building application or an updated application where the variation application is a change control application, regulation 17A of the HRB Regulations ;

in relation to an application for building control approval with full plans or a section 91ZB application, regulation 14ZA of the 2010 Regulations ;

in relation to an updated application where the variation application is a subsequent application for building control approval with full plans or a subsequent section 91ZB application, regulation 14ZA of the 2010 Regulations;

in relation to an initial notice , the Annex to Form 1 or as the case may be Form 4 in Schedule 1 to the RBCA Regulations ;

in relation to an updated application where the variation application is an amendment notice , the Annex to Form 2 in Schedule 1 to the RBCA Regulations ;

“ chargeable application ” means a building control application that is chargeable under regulation 15 (1) ;

“ collecting authority ” has the meaning given by regulation 4 ;

“ commenced ”, in relation to building work, has the meaning given by regulation 14 ;

“ commencement notice ” has the meaning given by regulation 14 (2) ;

“ communal space for residents ” has the meaning given by regulation 11 ;

“ compliant commencement notice ” has the meaning given in regulation 38 (10) ;

“ contact information ”, in relation to a person, means the person’s name, address, telephone number and, if available, e-mail address;

“ development ” has the same meaning as in section 55 of TCPA 1990 ;

“ exempt building ” is defined in regulation 7 (2) ;

“ exempt person ” has the meaning given by regulation 13 ;

“ financial quarter ” means the period of 3 months ending with the last day of March, June, September or December;

“ gross internal area ” has the meaning given by regulation 12 ;

“ higher-risk building application ” means—

a building control approval application for HRB work;

a building control approval application for a stage of HRB work;

a building control approval application for work to existing HRB;

“ the HRB Regulations ” means the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 ;

“ levy charging information ” has the meaning given in—

in relation to a higher-risk building application or an updated application where the variation application is a change control application, regulation 17B of the HRB Regulations ;

in relation to an application for building control approval with full plans or a section 91ZB application, regulation 16A of the 2010 Regulations ;

in relation to an updated application where the variation application is a subsequent application for building control approval with full plans or a subsequent section 91ZB application, regulation 16A of the 2010 Regulations;

in relation to an initial notice or an updated application where the variation application is an amendment notice, regulation 15A of the RBCA Regulations ;

“ levy determination notice ” means—

a notice of no charge;

a levy liability notice;

“ levy information spot check ” has the meaning given by regulation 46 ;

“ levy liability amount ” has the meaning given by regulation 37 (3) (a) ;

“ levy liability notice ” has the meaning given by regulation 39 ;

“ levy payment certificate ” has the meaning given by regulation 56 ;

“ levy update application ” has the meaning given by regulation 53 ;

“ levy update notice ” has the meaning given by regulation 52 ;

“ major residential development ” has the meaning given by regulation 6 ;

“ named client ” has the meaning given by regulation 23 ;

“ notice of no charge ” has the meaning given by regulation 40 ;

“ ordinary residential dwelling ” has the meaning given by regulation 8 ;

“ original application ”, in relation to a variation application or an updated application, has the meaning given by regulation 42 (1) (a) ;

“ part of a wider development ” has the meaning given by regulation 15 (4) ;

“ planning permission ” has the meaning given in section 336(1) of TCPA 1990 ;

“ pre-commencement updated application ” means an updated application, or a copy of it, which is received by the collecting authority before the first compliant commencement notice, or a copy of it, in relation to the original application is received by the collecting authority;

“ previous development condition ” has the meaning given by regulation 20 (3) ;

“ purpose-built student accommodation ” has the meaning given by regulation 9 ;

“ the RBCA Regulations ” means the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 ;

“ receipt date ” in relation to a building control application has the meaning given by regulation 38 (2) and, in relation to a levy update application means the date referred to in regulation 53 (2) (b) ;

“ relevant residential building ” has the meaning given by regulation 7 (3) ;

“ residential building ” has the meaning given by regulation 7 (1) ;

“ residential floorspace ” has the meaning given by regulation 10 ;

“ revised levy determination notice ” has the meaning given by regulation 67 (6) ;

“ section 91ZB application ” means an application for building control approval with full plans relating to building work in respect of which the regulator is the building control authority under section 91ZB(2) of the 1984 Act ;

“ set of levy information ” has the meaning given by regulation 46 (3) ;

“ social housing ” has the meaning given by paragraph 1 of Schedule 2 ;

“ supported housing ” has the meaning given by paragraph 7 of Schedule 2 ;

“ TCPA 1990 ” means the Town and Country Planning Act 1990;

“ updated application ” has the meaning given by regulation 42 (2) (a) ;

“ variation application ” has the meaning given by regulation 41 ;

“ working day ” means a day other than—

a Saturday or Sunday;

Christmas Day or Good Friday;

a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971 .

(2) The following terms have the same meaning as in the 2010 Regulations —

“ application for building control approval with full plans ”;

“ building work ”.

(3) The following terms have the same meaning as in the HRB Regulations —

“ building control approval application for a stage of HRB work ”;

“ building control approval application for HRB work ”;

“ building control approval application for work to existing HRB ”;

“ change control application ”;

“ completion certificate application ”;

“ partial completion certificate application ”.

(4) If a named client does not agree to receive a notice under these Regulations by e-mail the collecting authority may give the notice to the named client by sending it to the address provided in the contact information set out in the building control application.

(5) Any notice, notification or other document required by these Regulations to be given to a collecting authority or building control authority may be given online using an electronic portal authorised by a collecting authority or building control authority to be used for that purpose.

Section 3 Building safety levy

A levy, called “building safety levy”, is to be charged in accordance with these Regulations.

Section 4 Designation of collecting authorities

(1) Subject to paragraph (2), the local authority for the area in which a building or proposed building to which a building control application relates is or is to be situated is designated as the person to whom the building safety levy in relation to such an application is to be paid.

(2) If a building or proposed building to which a building control application relates is or is to be situated in the areas of more than one local authority, the local authority in whose area the greater part of the building is or is to be situated is designated, in respect of the whole of the building, as the person to whom the building safety levy in relation to such a building is to be paid.

(3) If—

(a) the application referred to in paragraph (1) is a higher-risk building application, and

(b) the building work to which the application relates is to be carried out in the areas of more than one local authority,

then any reference in these Regulations (except in paragraphs (1) and (2)) to that application as it applies in relation to a collecting authority is to be treated as a reference to the part of the application in relation to which the authority is designated under this regulation.

(4) For the purposes of these Regulations, a “collecting authority” is a local authority designated under paragraph (1) or (2).

Section 5 “Building control application”

(1) Each of the following is a “building control application”—

(a) an application for building control approval with full plans;

(b) an initial notice;

(c) a higher-risk building application;

(d) an updated application.

(2) A building control application is “made”—

(a) in the case of an application for building control approval with full plans, if the application is given, in accordance with regulation 14 of the 2010 Regulations —

(i) to a local authority, or

(ii) if the application is a section 91ZB application, to the regulator;

(b) in the case of an initial notice, if the notice is given to a local authority in accordance with section 47(1)(a) of the 1984 Act;

(c) in the case of a higher-risk building application, if the application is submitted to the regulator in accordance with regulations 3(a) and 4, or 11(1)(a) and 12, of the HRB Regulations;

(d) in the case of an updated application, in the circumstances described in regulation 42 (3) .

Section 6 “Major residential development” etc

(1) Subject to paragraphs (2) and (3), “ major residential development ” means development resulting in the provision of—

(a) at least 10 dwellings, or

(b) at least 30 bedspaces in purpose-built student accommodation.

(2) If development relates to a building which, immediately before the development, contains dwellings (the “pre-development dwellings”) and after the development the building contains a different number of dwellings (the “post-development dwellings”) then, for the purposes of paragraph (1), the development only results in the provision of at least 10 dwellings if the number of post-development dwellings is at least 10 more than the number of pre-development dwellings.

(3) If development relates to a building which, immediately before the development, contains bedspaces in purpose-built student accommodation (the “pre-development bedspaces”) and after the development the building contains a different number of bedspaces (the “post-development bedspaces”) then, for the purposes of paragraph (1), the development only results in the provision of at least 30 bedspaces in purpose-built student accommodation if the number of post-development bedspaces is at least 30 more than the number of pre-development bedspaces.

(4) “ Bedspace ”, in relation to purpose-built student accommodation, means a sleeping area for one person (which may be in the same room as a bedspace for another person).

Section 7 “Residential building” and “relevant residential building”

(1) “ Residential building ” means a building that—

(a) is wholly situated in England;

(b) consists of, or contains—

(i) one or more dwellings, or

(ii) one or more bedspaces in purpose-built student accommodation, and

(c) is not an exempt building.

(2) Schedule 1 makes provision about the meaning of “exempt building”.

(3) A residential building is a “relevant residential building”, for the purposes of these Regulations, if it consists of or contains—

(a) at least one ordinary residential dwelling,

(b) at least one bedspace in purpose-built student accommodation, or

(c) communal space for residents.

(4) In these Regulations—

(a) references to a residential building include references to a proposed residential building, and

(b) references to a relevant residential building, apart from the references in regulations 17 (2) and 18 (2) , include references to a proposed relevant residential building.

Section 8 “Ordinary residential dwelling”

(1) For the purposes of these Regulations, a dwelling is an “ordinary residential dwelling” unless it is—

(a) social housing,

(b) supported housing, or

(c) exempt accommodation, if and so far as the accommodation would otherwise be a dwelling.

(2) Schedule 2 makes further provision about each of the exemptions referred to in paragraph (1) .

Section 9 “Purpose-built student accommodation” etc

(1) “ Purpose-built student accommodation ” means a building, or part of a building, that is designed or adapted for occupation solely or principally by persons undertaking a full-time course of further or higher education at a qualifying institution.

(2) “ Qualifying institution ” has the same meaning as it has in Part 2 of the Higher Education Act 2004 .

(3) References in these Regulations to a dwelling do not include references to purpose-built student accommodation.

Section 10 “Residential floorspace”

“ Residential floorspace ” means the gross internal area of each of the following—

(a) an ordinary residential dwelling;

(b) purpose-built student accommodation;

(c) communal space for residents.

Section 11 “Communal space for residents”

(1) “ Communal space for residents ” means an area of a residential building, other than an excluded area, which is—

(a) wholly or mainly for the benefit of the occupants of relevant residential units, or

(b) wholly or mainly for the benefit of both—

(i) the occupants of relevant residential units, and

(ii) the occupants of other units.

(2) In paragraph (1)—

(a) “ relevant residential units ” means—

(i) ordinary residential dwellings, and

(ii) bedspaces in purpose-built student accommodation;

(b) “ other units ” means—

(i) dwellings that are not ordinary residential dwellings, and

(ii) other areas of a building that are designed for occupation but are neither dwellings nor bedspaces in purpose-built student accommodation.

(3) The following are “ excluded areas ” for the purposes of paragraph (1) —

(a) an ordinary residential dwelling;

(b) an area that consists of purpose-built student accommodation;

(c) an area that is designed to be used wholly or mainly by the general public.

(4) Where building work to which a building control application relates is part of a wider development, in determining whether an area referred to in paragraph (1) is wholly or mainly for the benefit of the occupants of relevant residential units or, as the case may be, of other units, regard is to be had to all such units in all of the buildings across the wider development.

Section 12 “Gross internal area”

For the purposes of the application of any provision of these Regulations, the “gross internal area” of a dwelling, purpose-built student accommodation or an area within a building is to be measured—

(a) in accordance with the Code of Measuring Practice (6th edition) , and

(b) in square metres, rounded to the nearest whole number (where 0.5 or more is rounded up).

Section 13 Exempt person: non-profit registered providers of social housing

(1) “ Exempt person ” means—

(a) a non-profit registered provider of social housing ;

(b) a company that is a wholly-owned subsidiary of a non-profit registered provider of social housing.

(2) For the purposes of paragraph (1), a company is a wholly-owned subsidiary of a non-profit registered provider of social housing (the “registered provider”) if the company has no members except—

(a) the registered provider or persons acting on behalf of the registered provider;

(b) the registered provider’s wholly-owned subsidiaries or persons acting on behalf of the registered provider’s wholly-owned subsidiaries.

Section 14 Commencement of building work

(1) Building work is to be regarded as “commenced”, for the purposes of any provision of these Regulations, if it is regarded as commenced—

(a) in accordance with regulation 46A of the 2010 Regulations , for the purposes of—

(i) section 32(6) of the 1984 Act,

(ii) regulation 9 of the HRB Regulations, or

(iii) regulation 17 of the HRB Regulations, or

(b) in accordance with regulation 16 of the RBCA Regulations, for the purposes of section 53A(6) of the 1984 Act .

(2) “ Commencement notice ” means—

(a) a notice given to the regulator under regulation 9(3) of the HRB Regulations,

(b) a notice given to the regulator under regulation 17(3) of the HRB Regulations,

(c) in relation to an application for building control approval with full plans or a section 91ZB application, a notice given under regulation 16(3C) of the 2010 Regulations , or

(d) in relation to an initial notice, a notice given under regulation 15(2) of the RBCA Regulations.

Section 15 Charge to building safety levy

(1) A building control application is “chargeable”, subject to the exception in paragraph (2) , if—

(a) the building work to which the application relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use) or an existing building with an increased total area of residential floorspace (whether by extension or change of use), and

(b) the building work to which the application relates—

(i) is major residential development, or

(ii) is part of a wider development which is major residential development.

(2) But a building control application is not chargeable if the named client (or, if there is more than one named client, each of them) in relation to the application is an exempt person.

(3) The charge to building safety levy becomes payable, in respect of a chargeable application, when a levy liability notice or a revision to a levy liability notice is given in relation to the application.

(4) Building work is “part of a wider development” if—

(a) some or all of the building work is permitted to be carried out pursuant to a planning permission, granted before or after the building control application is submitted, for a wider development, or

(b) the building work affects only the interior of a building or buildings and is carried out as part of a wider development for which a planning permission is granted, whether before or after the building control application is submitted.

Section 16 Amount charged

(1) The amount of building safety levy charged in respect of a chargeable application is the amount given by—

(a) applying the formula in paragraph (2) in relation to each relevant residential building to which the application relates, and

(b) if the application relates to more than one relevant residential building, adding together the amounts determined under sub-paragraph (a) .

(2) The formula is—

where—

A is the amount of chargeable accommodation floorspace in relation to the relevant residential building (determined in accordance with regulation 17 );

C is the chargeable amount of communal floorspace in relation to the relevant residential building (determined in accordance with regulations 18 and 19 );

R is the applicable area rate (determined in accordance with regulation 20 ).

(3) But if the amount given by the formula in paragraph (2) is a negative number, the amount in relation to the building is treated as being nil.

(4) Where the building control application relates to part of a relevant residential building references in this regulation and in regulations 17 to 19 to the building are to be treated as references to the part of the building to which the application relates.

Section 17 Chargeable accommodation floorspace

(1) This regulation applies for the purposes of determining the amount of chargeable accommodation floorspace under the formula in regulation 16(2).

(2) The amount of “ chargeable accommodation floorspace ” in relation to a building is—

(a) if the building was a relevant residential building at the time the chargeable application was made, the amount given by taking Steps 1 to 3 in paragraph (3) , and

(b) in any other case, the amount given by taking Step 1 in paragraph (3) .

(3) The steps are—

Step 1

Calculate the total amount of the building’s accommodation floorspace, if any, on completion of the building work to which the chargeable application relates assuming, for the purposes of the calculation, that the building work is carried out in accordance with—

the application, and

the planning permission, or as the case may be the development consent under section 31 of the Planning Act 2008 , for the development to which the building work relates.

Step 2

Calculate the total amount of the building’s accommodation floorspace at the time the application was made.

Step 3

Deduct the amount given by Step 2 from the amount given by Step 1.

(4) In this regulation “ accommodation floorspace ” means residential floorspace that is within—

(a) regulation 10 (a) ;

(b) regulation 10 (b) .

Section 18 Chargeable amount of communal floorspace: general

(1) This regulation applies for the purposes of determining the chargeable amount of communal floorspace under the formula in regulation 16(2).

(2) The “ chargeable amount of communal floorspace ” in relation to a building is—

(a) if the building was a relevant residential building at the time the chargeable application was made, the amount given by taking Steps 1 to 3 in paragraph (3) , and

(b) in any other case, the amount given by taking Step 1 in paragraph (3) .

(3) The steps are—

Step 1

In relation to each post-completion area of residential floorspace which falls within regulation 10 (c) , if any—

calculate the amount of that residential floorspace,

determine, in accordance with regulation 19 , the “ relevant percentage ” in relation to the area,

calculate the relevant percentage of the amount given by sub-paragraph (a), and

if there is more than one area of communal space for residents, add together the amounts given by paragraph (c).

Step 2

If, at the time the chargeable application was made, there is at least one area of communal space for residents, repeat Step 1 in relation to each pre-commencement area of residential floorspace which falls within regulation 10 (c) .

Step 3

Deduct the amount given by Step 2 from the amount given by Step 1.

(4) In this regulation—

(a) references to a “post-completion” area are references to the area on completion of the building work to which the chargeable application relates assuming, for the purposes of the calculation, that the building work is carried out in accordance with—

(i) the application, and

(ii) the planning permission, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development to which the building work relates, and

(b) references to a “pre-commencement” area are references to the area at the time the application was made.

Section 19 Chargeable amount of communal floorspace: “relevant percentage”

(1) In relation to an area of communal space for residents which falls within regulation 11 (1) (a) , the relevant percentage is 100%.

(2) In relation to an area of communal space for residents which falls within regulation 11 (1) (b) , the relevant percentage is determined as follows—

Step 1

Calculate in relation to the area of communal space for residents—

the gross internal area of each of the relevant residential units which falls within regulation 11 (1) (b) (i) , and

the total of the amounts given by paragraph (a).

Step 2

Calculate in relation to the area of communal space for residents—

the gross internal area of each of the other units which falls within regulation 11 (1) (b) (ii) , and

the total of the amounts given by paragraph (a).

Step 3

Apply the following formula—

where—

P is the relevant percentage,

U is the amount given by paragraph (b) of Step 1, and

O is the amount given by paragraph (b) of Step 2.

Section 20 Applicable area rate

(1) This regulation applies for the purposes of determining the applicable area rate under the formula in regulation 16(2).

(2) The “ applicable area rate ”, in relation to a relevant residential building, means—

(a) if the previous development condition in paragraph (3) is met in respect of the chargeable application, the area rate in relation to the collecting authority for the relevant residential building shown in column 2 of the table in Schedule 3 , and

(b) in any other case, the area rate in relation to the collecting authority for the relevant residential building shown in column 3 of the table in Schedule 3 .

(3) The “previous development condition” is that—

(a) the building work to which the chargeable application relates is to be carried out in relation to development for which planning permission is granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 , or

(b) the building work to which the application relates is to be carried out on a previously developed site (as defined in regulation 21 ).

Section 21 Previously developed sites

(1) A site is a previously developed site if immediately before the relevant date at least 75% of the land to which the relevant planning permission relates is previously developed.

(2) Land is “previously developed” if, on or after 1st July 1948, a building was situated on the land, whether or not that building is situated on the land on the relevant date.

(3) But paragraph (2) is subject to the exceptions in paragraph (4) .

(4) Land is not “previously developed” at a particular time if, at that time—

(a) a building used for the purposes of agriculture or forestry is situated on the land,

(b) the building that was most recently situated on the land was a building used for the purposes of agriculture or forestry,

(c) the land has been developed for minerals extraction, or

(d) the land has been developed for waste disposal by landfill.

(5) In this regulation—

“ agriculture ” has the meaning given by section 336 of TCPA 1990;

“ building ” has the meaning given by section 336 of TCPA 1990 instead of the meaning given by regulation 2;

“ forestry ” includes afforestation;

“ relevant date ” means the earlier of—

the date on which the relevant planning permission was granted, or

the date on which any development authorised by the relevant planning permission was begun;

“ relevant planning permission ” means—

if there is a sequence of planning permissions for development of the land to which the building work referred to in regulation 20(3) relates and the second and any subsequent planning permission is a section 73 planning permission, the first planning permission in the sequence, and

in any other case, the planning permission for development of the land to which the building work referred to in regulation 20(3) relates;

“ section 73 planning permission ” means a planning permission granted on an application made under section 73 of TCPA 1990.

Section 22 Liability of named client to pay the levy

The named client in relation to a chargeable application is liable to pay the amount of building safety levy charged in respect of the application.

Section 23 “Named client”

Schedule 4 makes provision about the meaning of “ named client ” in relation to each kind of building control application.

Section 24 Levy due date

(1) Building safety levy charged in respect of a chargeable application must be paid on or before the earlier of—

(a) the completion notice date, and

(b) the first date of occupation.

(2) The “ completion notice date ” means—

(a) in the case of an application for building control approval with full plans, the date on which a notice under regulation 16(4) of the 2010 Regulations is given, in relation to any of the building work to which the application relates, to the building control authority;

(b) in the case of an initial notice, the date on which a notice is given, in relation to any of the building work to which the application relates, to the registered building control approver under regulation 18 of the RBCA Regulations;

(c) in the case of a higher-risk building application the earlier of—

(i) the date on which a completion certificate application, in relation to any of the building work to which the higher-risk building application relates, is made to the regulator under regulation 40(1) of the HRB Regulations, or

(ii) the date on which a partial completion certificate application, in relation to any of the building work to which the higher-risk building application relates, is made to the regulator under regulation 45(2) of the HRB Regulations.

(3) The “ first date of occupation ” means—

(a) if the chargeable application relates to one relevant residential building or part of one relevant residential building, the date on which that building, or part, is first occupied, or

(b) if the chargeable application relates to more than one relevant residential building or part of more than one relevant residential building, the date on which any of those buildings, or parts, is first occupied.

(4) But a continuously occupied part of a relevant residential building is ignored for the purposes of determining the first date of occupation under paragraph (3) .

(5) For the purposes of paragraph (4) , a “continuously occupied part” of a building means a part of the building which—

(a) is occupied before the start of the building work to which the chargeable application relates, and

(b) remains occupied while the building work is carried out.

Section 25 Amendment of 2010 Regulations: general

(1) Regulation 2 of the 2010 Regulations is amended as follows.

(2) In paragraph (1), in the appropriate places, insert the following definitions—

“ bedspace ” has the meaning given in the BSL Regulations;

“ BSL Regulations ” means the Building Safety Levy (England) Regulations 2025;

“ collecting authority ” has the meaning given in the BSL Regulations;

“ communal space for residents ” has the meaning given in the BSL Regulations;

“ development ” has the same meaning as in section 55 of the TCPA 1990;

“ exempt person ” has the meaning given in the BSL Regulations;

“ gross internal area ” has the meaning given in the BSL Regulations;

“ levy determination notice ” has the meaning given in the BSL Regulations;

“ major residential development ” has the meaning given in the BSL Regulations;

“ named client ” has the meaning given in the BSL Regulations;

“ ordinary residential dwelling ” has the meaning given in the BSL Regulations;

“ original application ” has the meaning given in the BSL Regulations;

“ other units ” has the meaning given in regulation 11(2) of the BSL Regulations;

“ part of a wider development ” has the meaning given in the BSL Regulations;

“ previous development condition ” has the meaning given in the BSL Regulations;

“ prior approval ” means an approval given or deemed to be given following a prior approval application;

“ prior approval application ” has the meaning given in section 69A(2) of TCPA 1990;

“ purpose-built student accommodation ” has the meaning given in the BSL Regulations;

“ relevant residential building ” has the meaning given in the BSL Regulations;

“ relevant residential units ” has the meaning given in regulation 11(2) of the BSL Regulations;

“ residential floorspace ” has the meaning given in the BSL Regulations;

“ TCPA 1990 ” means the Town and Country Planning Act 1990;

“ updated application ” has the meaning given in the BSL Regulations;

“ variation application ” has the meaning given in the BSL Regulations.

Section 26 Amendment of 2010 Regulations: requirement in relation to building safety levy information

(1) Regulation 14 of the 2010 Regulations is amended as follows.

(2) At the end of paragraph (1), insert—

(g) if the work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), the building safety levy information in accordance with regulation 14ZA;

(h) if the application is an updated application and the building work, to which the updated application relates, relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations)—

(i) the building safety levy information in accordance with regulation 14ZA in relation to the updated application but where the updated application is given on or after the day on which the first notice under regulation 16(3C) is given then the information in regulation 14ZA(1)(a) and (b) is not required,

(ii) if the levy charging conditions are met, the information and evidence set out in paragraph (5) in relation to the updated application, and

(iii) if the levy charging conditions are not met, the information and evidence set out in paragraph (6) in relation to the updated application.

(3) After paragraph (4), insert—

(5) Subject to paragraph (7), the information and evidence referred to in paragraph (1)(h)(ii) is—

(a) a statement setting out the number of dwellings, if any, to be provided as a result of the building work to which the application relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations;

(b) a statement setting out the levy charging information in accordance with regulation 16A;

(c) a statement—

(i) in a case where regulation 16(3CA) has not applied to any notice under regulation 16(3C), which includes the applicable planning information within the meaning of regulation 16;

(ii) in any other case, confirming whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated;

(d) evidence as to the matters described in sub-paragraphs (a), (b) and (c).

(6) Subject to paragraph (7), the information and evidence referred to in paragraph (1)(h)(iii) is—

(a) a statement—

(i) in a case where the variation application is received on a day which is before the first notice under regulation 16(3C) is received, which states that the first notice under regulation 16(3C) was not given before the variation application was submitted;

(ii) in a case where the variation application is received on or after the day on which the first notice under regulation 16(3C) is received and regulation 16(3CA) did not apply to that notice and has not applied to any notice under regulation 16(3C), which—

(aa) includes the applicable planning information within the meaning of regulation 16;

(bb) explains how the levy charging conditions are not met;

(iii) in any other case, which—

(aa) confirms whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated;

(bb) explains how the levy charging conditions are not met;

(b) evidence as to the matters described in sub-paragraph (a)(ii) or, as the case may be, (a)(iii).

(7) Where paragraph (1)(h) applies to the application and the application is an updated application relating to building work in respect of which the regulator is the building control authority under section 91ZB(2) of the 1984 Act—

(a) any evidence required by paragraph (5) or (6) to accompany the application must instead be sent to the collecting authority together with a statement identifying the application to which the evidence relates;

(b) the documents referred to in sub-paragraph (a) must be sent to the collecting authority, by the client, on the same day that the application is sent to the regulator.

(8) In this regulation the “levy charging conditions” are that—

(a) the variation application is received on or after the day on which the first notice under regulation 16(3C) is received in relation to the original application,

(b) the building work to which the updated application relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use),

(c) the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and

(d) the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person.

Section 27 Amendment of 2010 Regulations: building safety levy information

After regulation 14 of the 2010 Regulations insert—

Building safety levy information

(14ZA)

(1) The “building safety levy information” is—

(a) a statement as to whether the applicable work relates to development—

(i) for which planning permission is required, or

(ii) to which section 33 of the Planning Act 2008 applies,

(b) in a case where planning permission is required, also one of the following statements—

(i) a statement that the planning permission has been granted, together with information identifying the permission;

(ii) a statement that an application for planning permission has been made but not yet determined, together with information identifying the application for planning permission;

(iii) a statement that an application for planning permission has not yet been made;

(iv) a statement that the planning permission is subject to prior approval and the prior approval requirement is satisfied, together with information identifying the prior approval and how the requirement is satisfied;

(v) a statement that the planning permission is subject to prior approval and a prior approval application has been made but the prior approval requirement is not yet satisfied, together with information identifying the prior approval application;

(vi) a statement that the planning permission is subject to prior approval and a prior approval application has not yet been made,

but where the planning permission expressly provides for the development to be carried out in phases the references in paragraphs (i), (ii) and (iii) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the application for building control approval with full plans relates,

(c) in a case where planning permission is required or section 33 of the Planning Act 2008 applies, a statement as to whether the building work to which the application for building control approval with full plans relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development,

(d) if the regulator is the building control authority under section 91ZB(2) of the 1984 Act in relation to the application for building control approval with full plans, the local authority in whose area each of the buildings to which that application relates is or is to be situated,

(e) the number of dwellings, if any, that would be provided as a result of the building work to which the application for building control approval with full plans relates,

(f) if purpose-built student accommodation would be provided as a result of the building work to which the application for building control approval with full plans relates, the number of bedspaces that would be contained in the purpose-built student accommodation, and

(g) if paragraph (3) applies in relation to the application for building control approval with full plans given on or after the day the first notice under regulation 16(3C) is received, the details of any levy determination notice given in respect of the original application or the updated application comprising that original application and one or more variation applications.

(2) In paragraph (1), the prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that—

(a) prior approval is given or is deemed to be given, or

(b) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990).

(3) Where the application for building control approval with full plans is a “variation application” that is treated, for the purposes of the BSL Regulations, as an “updated application”, references in this regulation to the application for building control approval with full plans are to be treated as references to the updated application comprising the variation application, the original application to which it relates and any other variation applications relating to that original application.

(4) In this regulation “ applicable work ” means—

(a) the building work to which an application for building control approval with full plans relates, but

(b) where the building work is part of a wider development, all the work included in that development.

Section 28 Amendment of 2010 Regulations: notices etc

(1) In regulation 16 of the 2010 Regulations—

(a) after paragraph (3C) insert—

(3CA) Subject to paragraphs (3CB) and (3CC), where building work, to which an application for building control approval with full plans relates, relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), a notice under paragraph (3C) must also—

(a) if the levy charging conditions are met—

(i) include a statement setting out the number of dwellings, if any, to be provided as a result of the building work to which the application for building control approval with full plans relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations;

(ii) include a statement setting out the levy charging information, in accordance with regulation 16A (levy charging information), in relation to the application for building control approval with full plans to which the notice relates;

(iii) include a statement setting out the applicable planning information;

(iv) be accompanied by evidence as to the matters described in paragraphs (i), (ii) and (iii),

(b) if the levy charging conditions are not met—

(i) include a statement setting out the applicable planning information;

(ii) include a statement explaining how the levy charging conditions are not met;

(iii) be accompanied by evidence as to the matters described in paragraphs (i) and (ii), or

(c) if a statement and any evidence under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the application for building control approval with full plans relates, include a statement to that effect.

(3CB) Where the application for building control approval with full plans referred to in paragraph (3CA) is an application relating to building work in respect of which the regulator is the building control authority under section 91ZB(2) of the 1984 Act—

(a) the evidence required to accompany a notice under paragraph (3C) must instead be sent to the collecting authority together with a statement identifying the application to which the evidence relates;

(b) the documents referred to in sub-paragraph (a) must be sent to the collecting authority, by the client, on the same day that the notice under paragraph (3C) is sent to the regulator.

(3CC) Where, in relation to the application for building control approval with full plans referred to in paragraph (3CA), no statement under regulation 14ZA(1)(c) to (f) has previously been required, the notice under paragraph (3C) must include whichever of those statements under regulation 14ZA(1)(c) to (f) that is applicable.

(b) after paragraph (9) insert—

(10) In this regulation—

(a) the “levy charging conditions” are—

(i) the building work to which the application for building control approval with full plans relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use),

(ii) the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and

(iii) the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person;

(b) subject to sub-paragraph (c), “applicable planning information” is—

(i) where a statement under regulation 14ZA(1)(a) stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change;

(ii) where a statement under regulation 14ZA(1)(a) stated that section 33 of the Planning Act 2008 applies, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change;

(iii) where regulation 14ZA(1)(b)(i) or (iv) applied to the application for building control approval with full plans at the time that application was made, a statement confirming that information identifying the planning permission or prior approval have already been provided but if the planning permission has changed since the time that application was made the statement must set out details of the planning permission as updated;

(iv) where regulation 14ZA(1)(b)(ii) or (iii) applied to the application for building control approval with full plans at the time that application was made, information identifying the planning permission granted;

(v) where regulation 14ZA(1)(b)(v) or (vi) applied to the application for building control approval with full plans at the time that application was made, information identifying the prior approval and how the prior approval requirement is satisfied,

but where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the application for building control approval with full plans relates;

(c) if, at the date the applicable planning information is to be included in a notice or application, no statement has previously been required under regulation 14ZA(1)(a) or (b), then the “applicable planning information” is whichever of those statements under regulation 14ZA(1)(a) or (b) that is applicable, as updated;

(d) for the purposes of sub-paragraph (b)(v), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that—

(i) prior approval is given (or is deemed to be given), or

(ii) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990).

(2) After regulation 16 insert—

Levy charging information

(16A)

(1) The “levy charging information” is—

(a) a statement as to whether the previous development condition is met in respect of the relevant building application, and

(b) the following information in relation to each relevant residential building to which the relevant building application relates—

(i) the floorspace information in relation to the building on completion of the building work to which the relevant building application relates, and

(ii) if the building is a relevant residential building at the time the relevant building application was made, the floorspace information in relation to the building at that time.

(2) Subject to paragraphs (5) to (7), the “ relevant building application ” means—

(a) where the levy charging information is required by regulation 16(3CA) to be included in a notice under regulation 16(3C), the application for building control approval with full plans to which the notice relates;

(b) where the levy charging information is required under regulation 14(1)(h) to be included in an application, the updated application referred to in that regulation.

(3) The “floorspace information” is—

(a) the gross internal area of each ordinary residential dwelling;

(b) the gross internal area of purpose-built student accommodation;

(c) the gross internal area of each area of communal space for residents;

(d) in relation to each area of communal space for residents, a statement as to whether it is within—

(i) regulation 11(1)(a) of the BSL Regulations, or

(ii) regulation 11(1)(b) of the BSL Regulations;

(e) in relation to each area of communal space for residents that is within regulation 11(1)(b) of the BSL Regulations—

(i) the gross internal area of each of the relevant residential units within regulation 11(1)(b)(i), and

(ii) the gross internal area of each of the other units within regulation 11(1)(b)(ii).

(4) For the purposes of any calculation under paragraph (3), it is to be assumed that the building work is carried out in accordance with—

(a) the relevant building application, and

(b) the planning permission and any agreement under section 106 of TCPA 1990, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development to which the building work relates.

(5) In the case of a relevant building application that relates to part of a relevant residential building references in this regulation to the relevant residential building are to be treated as references to the part of the building to which the application relates.

(6) Subject to paragraph (7), where the relevant building application is a variation application that is treated, for the purposes of the BSL Regulations, as an updated application, references in this regulation to the application are to be treated as references to the updated application comprising the variation application, the original application to which it relates and any other variation applications relating to that original application.

(7) If the levy charging information is provided in relation to an updated application, the reference in paragraph (1)(b)(ii) to the relevant building application is to be treated as a reference to the original application.

Section 29 Amendment of RBCA Regulations: information to be provided with initial notices etc

(1) The RBCA Regulations are amended as follows.

(2) In regulation 2(1), in the appropriate places insert the following definitions—

“ bedspace ” has the meaning given in the BSL Regulations;

“ BSL Regulations ” means the Building Safety Levy (England) Regulations 2025;

“ collecting authority ” has the meaning given in the BSL Regulations;

“ communal space for residents ” has the meaning given in the BSL Regulations;

“ development ” has the same meaning as in section 55 of the TCPA 1990;

“ exempt person ” has the meaning given in the BSL Regulations;

“ gross internal area ” has the meaning given in the BSL Regulations;

“ levy determination notice ” has the meaning given in the BSL Regulations;

“ levy update notice ” has the meaning given in the BSL Regulations;

“ major residential development ” has the meaning given in the BSL Regulations;

“ named client ” has the meaning given in the BSL Regulations;

“ ordinary residential dwelling ” has the meaning given in the BSL Regulations;

“ original application ” has the meaning given in the BSL Regulations;

“ other units ” has the meaning given in regulation 11(2) of the BSL Regulations;

“ part of a wider development ” has the meaning given in the BSL Regulations;

“ previous development condition ” has the meaning given in the BSL Regulations;

“ prior approval ” means an approval given or deemed to be given following a prior approval application;

“ prior approval application ” has the meaning given in section 69A(2) of TCPA 1990;

“ purpose-built student accommodation ” has the meaning given in the BSL Regulations;

“ relevant residential building ” has the meaning given in the BSL Regulations;

“ relevant residential units ” has the meaning given in regulation 11(2) of the BSL Regulations;

“ residential floorspace ” has the meaning given in the BSL Regulations;

“ TCPA 1990 ” means the Town and Country Planning Act 1990;

“ updated application ” has the meaning given in the BSL Regulations;

“ variation application ” has the meaning given in the BSL Regulations.

(3) In regulation 15—

(a) after paragraph (2) insert—

(2A) Subject to paragraphs (2B) to (2D), where the work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), a notice under paragraph (2) must also—

(a) if the levy charging conditions are met—

(i) include a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the initial notice relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations,

(ii) include a statement setting out the levy charging information, in accordance with regulation 15A, in relation to the initial notice to which the notice under paragraph (2) relates,

(iii) include a statement setting out the applicable planning information,

(iv) be accompanied by evidence as to the matters described in paragraphs (i), (ii) and (iii),

(b) if the levy charging conditions are not met—

(i) include a statement setting out the applicable planning information,

(ii) include a statement explaining how the levy charging conditions are not met,

(iii) be accompanied by evidence as to the matters described in paragraphs (i) and (ii), or

(c) if a statement and any evidence under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the initial notice relates, include a statement to that effect.

(2B) If a new person (NP) has become the client in relation to the building work to which the initial notice relates (and details of NP have not already been given to the authority in an amendment notice or a notice under paragraph 2(3) of Schedule 4 to the BSL Regulations) then the statement under paragraph (2A)(a) or (b) must also explain that NP is now the named client and set out the name, address, telephone number and, if available, email address of NP.

(2C) Where a notice under paragraph (2) includes a statement under paragraph (2A)(a) or (b) the named client must, within 2 working days of giving the notice under paragraph (2), give a copy of the notice and the accompanying evidence to the collecting authority.

(2D) Where, in relation to the work referred to in paragraph (2A), no statement under paragraphs 1(c) to (f) of the Annex to Form 1 or 4, or paragraphs 1(c), (e) or (f) of the Annex to Form 2, in Schedule 1 has previously been required, the notice under paragraph (2) must include whichever of those statements under paragraphs 1(c) to (f) of the Annex to Form 1 or 4, or paragraphs 1(c), (e), (f) and (h) to (k) of the Annex to Form 2, in Schedule 1 that is applicable.

(b) after paragraph (3) insert—

(3A) If an approver gives a rejection notice in relation to a notice under paragraph (2) which included a statement in accordance with paragraph (2A)(a) or (b), the approver must notify the collecting authority that the rejection notice has been given.

(3B) The notification required to be given by the approver to the collecting authority under paragraph (3A) must be given before the end of the period of 5 working days beginning with the day on which the approver gives the rejection notice.

(c) after paragraph (7) insert—

(7A) If an approver receives a decision from the First-tier Tribunal allowing an appeal in relation to a notice under paragraph (2) which included a statement in accordance with paragraph (2A)(a) or (b), the approver must notify the collecting authority that the appeal has been allowed.

(7B) The notification required to be given by the approver to the collecting authority under paragraph (7A) must be given before the end of the period of 5 working days beginning with the day on which the approver receives the appeal decision.

(d) after paragraph (9) insert—

(10) In this regulation—

(a) the “levy charging conditions” are—

(i) the building work to which the initial notice relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use),

(ii) the building work to which the initial notice relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and

(iii) the named client or, if there is more than one named client, each of them, in relation to the initial notice is not an exempt person;

(b) subject to sub-paragraph (c), “applicable planning information” is—

(i) where a statement under paragraph 1(a) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change;

(ii) where a statement under paragraph 1(a) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 stated that section 33 of the Planning Act 2008 applies, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change;

(iii) where paragraph 1(b)(i) or (iv) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 applied to the initial notice at the time that notice was given, a statement confirming that information identifying the planning permission or prior approval have already been provided and if the planning permission has changed since the time that notice was given the statement must set out details of the planning permission as updated;

(iv) where paragraph 1(b)(ii) or (iii) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 applied to the initial notice at the time that notice was given, information identifying the planning permission granted;

(v) where paragraph 1(b)(v) or (vi) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 applied to the initial notice at the time that notice was given, information identifying the prior approval and how the prior approval requirement is satisfied,

but where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the initial notice relates;

(c) if, at the date the applicable planning information is to be included in a notice, no statement under paragraph 1(a) or (b) of the Annex to Form 1, 2 or 4 in Schedule 1 has previously been required, then the “applicable planning information” is whichever of those statements under paragraph 1(a) or (b) of the Annex to Form 1, 2 or 4 in Schedule 1 that is applicable, as updated;

(d) for the purposes of sub-paragraph (b)(v), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that—

(i) prior approval is given or is deemed to be given, or

(ii) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990).

(4) After regulation 15 insert—

Levy charging information

(15A)

(1) The “levy charging information” is—

(a) a statement as to whether the previous development condition is met in respect of the relevant building application, and

(b) the following information in relation to each relevant residential building to which the relevant building application relates—

(i) the floorspace information in relation to the building on completion of the building work to which the relevant building application relates, and

(ii) if the building is a relevant residential building at the time the relevant building application was made, the floorspace information in relation to the building at that time.

(2) Subject to paragraphs (5) and (6), the “ relevant building application ” means—

(a) where the levy charging information is required by regulation 15(2A) to be included in a notice under regulation 15(2), the initial notice to which the notice under regulation 15(2) relates;

(b) where the levy charging information is required by paragraph 4(h) of Form 2 in Schedule 1 to be included in a variation application, the updated application.

(3) The “floorspace information” is—

(a) the gross internal area of each ordinary residential dwelling;

(b) the gross internal area of purpose-built student accommodation;

(c) the gross internal area of each area of communal space for residents;

(d) in relation to each area of communal space for residents, a statement as to whether it is within—

(i) regulation 11(1)(a) of the BSL Regulations, or

(ii) regulation 11(1)(b) of the BSL Regulations;

(e) in relation to each area of communal space for residents that is within regulation 11(1)(b) of the BSL Regulations—

(i) the gross internal area of each of the relevant residential units within regulation 11(1)(b)(i), and

(ii) the gross internal area of each of the other units within regulation 11(1)(b)(ii).

(4) For the purposes of any calculation under paragraph (3), it is to be assumed that the building work is carried out in accordance with—

(a) the relevant building application, and

(b) the planning permission and any agreement under section 106 of TCPA 1990, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development to which the building work relates.

(5) In the case of a relevant building application that relates to part of a relevant residential building references in this regulation to the relevant residential building are to be treated as references to the part of the building to which the application relates.

(6) If the levy charging information is provided in relation to an updated application, the reference in paragraph (1)(b)(ii) to the relevant building application is to be treated as a reference to the original application.

(5) In Schedule 1, for Forms 1 and 4, substitute the corresponding forms in Schedule 5.

(6) In Schedule 2, at the end of paragraph 6 insert—

(h) if the work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations)—

(i) in the case of an initial notice, the information listed in the Annex to Form 1, in the case of an amendment notice, the information listed in the Annex to Form 2 or in the case of a plans certificate combined with an initial notice, the information listed in the Annex to Form 4 in Schedule 1, and

(ii) in the case of an amendment notice, evidence as to the matters described in paragraph 2 of the Annex to Form 2 in Schedule 1.

Section 30 Amendment of HRB Regulations: general

(1) The HRB Regulations are amended as follows.

(2) In regulation 2(1), in the appropriate places insert the following definitions—

“ bedspace ” has the meaning given in the BSL Regulations;

“ BSL Regulations ” means the Building Safety Levy (England) Regulations 2025;

“ collecting authority ” has the meaning given in the BSL Regulations;

“ communal space for residents ” has the meaning given in the BSL Regulations;

“ development ” has the same meaning as in section 55 of the TCPA 1990;

“ exempt person ” has the meaning given in the BSL Regulations;

“ gross internal area ” has the meaning given in the BSL Regulations;

“ levy determination notice ” has the meaning given in the BSL Regulations;

“ major residential development ” has the meaning given in the BSL Regulations;

“ named client ” has the meaning given in the BSL Regulations;

“ ordinary residential dwelling ” has the meaning given in the BSL Regulations;

“ original application ” has the meaning given in the BSL Regulations;

“ other units ” has the meaning given in regulation 11(2) of the BSL Regulations;

“ part of a wider development ” has the meaning given in the BSL Regulations;

“ previous development condition ” has the meaning given in the BSL Regulations;

“ prior approval ” means an approval given or deemed to be given following a prior approval application;

“ prior approval application ” has the meaning given in section 69A(2) of TCPA 1990;

“ purpose-built student accommodation ” has the meaning given in the BSL Regulations;

“ relevant residential building ” has the meaning given in the BSL Regulations;

“ relevant residential units ” has the meaning given in regulation 11(2) of the BSL Regulations;

“ residential floorspace ” has the meaning given in the BSL Regulations;

“ TCPA 1990 ” means the Town and Country Planning Act 1990;

“ updated application ” has the meaning given in the BSL Regulations;

“ variation application ” has the meaning given in the BSL Regulations.

(3) In regulation 4, at the end of paragraph (1) insert—

(f) if the HRB work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), the building safety levy information in accordance with regulation 17A.

(4) In regulation 9—

(a) after paragraph (3) insert—

(3A) Subject to paragraphs (3B) and (3C), where the work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), a notice under paragraph (3) must also—

(a) if the levy charging conditions are met—

(i) include a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the building control approval application for HRB work relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations,

(ii) include a statement setting out the levy charging information, in accordance with regulation 17B, in relation to the building control approval application for HRB work to which the notice relates,

(iii) include a statement setting out the applicable planning information,

(b) if the levy charging conditions are not met—

(i) include a statement setting out the applicable planning information,

(ii) include a statement explaining how the levy charging conditions are not met, or

(c) if a statement under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the building control approval application for HRB work relates, include a statement to that effect.

(3B) Where a notice under paragraph (3) is required to include a statement under paragraph (3A)(a) or (b), the client must send evidence as to the matters set out in the statement together with a statement identifying the application to which the evidence relates, to the collecting authority on the same day that the notice under paragraph (3) is sent to the regulator.

(3C) Where, in relation to the work referred to in paragraph (3A), no statement under regulation 17A(1)(c) to (f) has previously been required, the notice under paragraph (3) must include whichever of those statements under regulation 17A(1)(c) to (f) that is applicable.

(b) after paragraph (11) insert—

(12) In this regulation—

(a) the “levy charging conditions” are—

(i) the building work to which the building control approval application for HRB work or a building control approval application for a stage of HRB work relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use),

(ii) the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and

(iii) the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person;

(b) subject to sub-paragraph (c), “applicable planning information” is—

(i) where a statement under regulation 17A(1)(a) stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change;

(ii) where a statement under regulation 17A(1)(a) stated that section 33 of the Planning Act 2008 applied, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change;

(iii) where regulation 17A(1)(b)(i) or (iv) applied to the building control approval application for HRB work or the building control approval application for a stage of HRB work at the time that application was made, a statement confirming that information identifying the planning permission or prior approval have already been provided and if the planning permission has changed since the time that application was made the statement must set out details of the planning permission as updated;

(iv) where regulation 17A(1)(b)(ii) or (iii) applied to the building control approval application for HRB work or the building control approval application for a stage of HRB work at the time that application was made, information identifying the planning permission granted;

(v) where regulation 17A(1)(b)(v) or (vi) applied to the building control approval application for HRB work or the building control approval application for a stage of HRB work at the time that application was made, information identifying the prior approval and how the prior approval requirement is satisfied,

but where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the building control approval application for HRB work or the building control approval application for a stage of HRB work relates;

(c) if, at the date the applicable planning information is to be included in a notice or application, no statement under regulation 17A(1)(a) or (b) has previously been required, then the “applicable planning information” is whichever of those statements under regulation 17A(1)(a) or (b) that is applicable, as updated;

(d) for the purposes of paragraph (b), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that—

(i) prior approval is given or is deemed to be given, or

(ii) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990).

(5) In regulation 12, at the end of paragraph (1) insert—

(f) if the proposed work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), the building safety levy information in accordance with regulation 17A.

(6) In regulation 17—

(a) after paragraph (3) insert—

(3A) Subject to paragraphs (3B) and (3C), where the work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), a notice under paragraph (3) must also—

(a) if the levy charging conditions are met—

(i) include a statement setting out the number of dwellings (if any) that would be provided as a result of the building work to which the building control approval application for work to existing HRB relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations,

(ii) include a statement setting out the levy charging information, in accordance with regulation 17B, in relation to the building control approval application for work to existing HRB to which the notice relates,

(iii) include a statement setting out the applicable planning information,

(b) if the levy charging conditions are not met—

(i) include a statement setting out the applicable planning information,

(ii) include a statement explaining how the levy charging conditions are not met,

(iii) be accompanied by evidence as to the matters described in paragraphs (i) and (ii), or

(c) if a statement under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the building control approval application for work to existing HRB relates, include a statement to that effect.

(3B) Where a notice under paragraph (3) is required to include a statement under paragraph (3A)(a) or (b), the client must send evidence as to the matters set out in the statement together with a statement identifying the application to which the evidence relates, to the collecting authority on the same day that the notice under paragraph (3) is sent to the regulator.

(3C) Where, in relation to the work referred to in paragraph (3A), no statement under regulation 17A(1)(c) to (f) has previously been required, the notice under paragraph (3) must include whichever of those statements under regulation 17A(1)(c) to (f) that is applicable.

(b) after paragraph (11) insert—

(12) In this regulation—

(a) the “levy charging conditions” are—

(i) the building work to which the building control approval application for work to existing HRB relates would result in an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use),

(ii) the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and

(iii) the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person;

(b) subject to sub-paragraph (c), “applicable planning information” is—

(i) where a statement under regulation 17A(1)(a) stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change;

(ii) where a statement under regulation 17A(1)(a) stated that section 33 of the Planning Act 2008 applied, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change;

(iii) where regulation 17A(1)(b)(i) or (iv) applied to the building control approval application for work to existing HRB at the time that application was made, a statement confirming that information identifying the planning permission or prior approval have already been provided and if the planning permission has changed since the time that application was made the statement must set out details of the planning permission as updated;

(iv) where regulation 17A(1)(b)(ii) or (iii) applied to the building control approval application for work to existing HRB at the time that application was made, information identifying the planning permission granted;

(v) where regulation 17A(1)(b)(v) or (vi) applied to the building control approval application for work to existing HRB at the time that application was made, information identifying the prior approval and how the prior approval requirement is satisfied,

but where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the building control approval application for work to existing HRB relates;

(c) if, at the date the applicable planning information is to be included in a notice or application, no statement under regulation 17A(1)(a) or (b) has previously been required, then the “applicable planning information” is whichever of those statements under regulation 17A(1)(a) or (b) that is applicable, as updated;

(d) for the purposes of paragraph (b), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that—

(i) prior approval is given (or is deemed to be given), or

(ii) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990).

Section 31 Amendment of HRB Regulations: building safety levy information etc

After Chapter 2 of Part 2 of the HRB Regulations insert—

Building safety levy

Building safety levy information

(17A)

(1) The “building safety levy information” is—

(a) a statement as to whether the applicable work relates to development—

(i) for which planning permission is required, or

(ii) to which section 33 of the Planning Act 2008 applies,

(b) in a case where planning permission is required, also one of the following statements—

(i) a statement that the planning permission has been granted together with information identifying the permission,

(ii) a statement that an application for planning permission has been made but not yet determined together with information identifying the application for planning permission,

(iii) a statement that an application for planning permission has not yet been made,

(iv) a statement that the planning permission is subject to prior approval and the prior approval requirement is satisfied, together with information identifying the prior approval and how the requirement is satisfied,

(v) a statement that the planning permission is subject to prior approval and a prior approval application has been made but the prior approval requirement is not yet satisfied, together with information identifying the prior approval application,

(vi) a statement that the planning permission is subject to prior approval and a prior approval application has not yet been made,

but where the planning permission expressly provides for the development to be carried out in phases the references in paragraphs (i), (ii) and (iii) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the relevant application relates,

(c) in a case where planning permission is required or section 33 of the Planning Act 2008 applies, also a statement as to whether the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development,

(d) in relation to each of the buildings included in the building work to which the relevant application relates, the local authority in whose area the building is or is to be situated,

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

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

(g) if paragraph (3) applies in relation to the relevant application, details of any levy determination notice given in respect of the original application or the updated application comprising that original application and one or more variation applications.

(2) In paragraph (1), the prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that—

(a) prior approval is given or is deemed to be given, or

(b) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990).

(3) Where the relevant application is a “ variation application ” for the purposes of the BSL Regulations, references in this regulation and in regulation 17B to the application are to be treated as references to the updated application comprising the variation application, the original application to which it relates and any other variation applications relating to that original application.

(4) In this regulation—

“ applicable work ” means—

the building work to which a relevant application or change control application relates, but

where the building work is part of a wider development, all the work included in that development;

“ relevant application ” means a building control approval application for HRB work, a stage of HRB work or work to existing HRB or a change control application.

Levy charging information

(17B)

(1) The “levy charging information” is—

(a) a statement as to whether the previous development condition is met in respect of the relevant building application, and

(b) the following information in relation to each relevant residential building to which the relevant building application relates—

(i) floorspace information in relation to the building on completion of the building work to which the relevant building application relates, and

(ii) if the building is a relevant residential building at the time the relevant building application was made, the floorspace information in relation to the building at that time.

(2) Subject to paragraphs (5) and (6), the “ relevant building application ” means—

(a) where the levy charging information is required by regulation 9(3A) or 17(3A) to be included in a notice under regulation 9(3) or, as the case may be, regulation 17(3), the building control approval application for HRB work, stage of HRB work or work to existing HRB to which the notice relates;

(b) where the levy charging information is required under regulation 21(2) and (3) to be included in a variation application, the updated application.

(3) The “floorspace information” is—

(a) the gross internal area of each ordinary residential dwelling;

(b) the gross internal area of purpose-built student accommodation;

(c) the gross internal area of each area of communal space for residents;

(d) in relation to each area of communal space for residents, a statement as to whether it is within—

(i) regulation 11(1)(a) of the BSL Regulations, or

(ii) regulation 11(1)(b) of the BSL Regulations;

(e) in relation to each area of communal space for residents that is within regulation 11(1)(b) of the BSL Regulations—

(i) the gross internal area of each of the relevant residential units within regulation 11(1)(b)(i), and

(ii) the gross internal area of each of the other units within regulation 11(1)(b)(ii).

(4) For the purposes of any calculation under paragraph (3), it is to be assumed that the building work is carried out in accordance with—

(a) the relevant building application, and

(b) the planning permission and any agreement under section 106 of TCPA 1990, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development to which the building work relates.

(5) In the case of a relevant building application that relates to part of a relevant residential building references in this regulation to the relevant residential building are to be treated as references to the part of the building to which the application relates.

(6) If the levy charging information is provided in relation to an updated application, the reference in paragraph (1)(b)(ii) to the relevant building application is to be treated as a reference to the original application.

Section 32 Provision of application information by the regulator

(1) This regulation applies where the regulator receives—

(a) a higher-risk building application that includes the building safety levy information,

(b) a section 91ZB application that includes the building safety levy information,

(c) an updated application that includes the information required by virtue of regulation 14(1)(h) of the 2010 Regulations,

(d) a change control application that includes the information required by virtue of regulation 21(2)(g) of the HRB Regulations.

(2) The regulator must, before the end of the period of 10 working days beginning with the day on which the application is received, provide the following information to the collecting authority—

(a) the contact information for the named client;

(b) the reference number, if any, allocated by the regulator to the application;

(c) the date on which the application was received;

(d) a copy of the building safety levy information and any information required to be included in the application by virtue of regulation 21(2)(g)(ii) or (iii) of the HRB Regulations or regulation 14(1)(h)(ii) or (iii) of the 2010 Regulations.

(3) Paragraph (4) applies in relation to an application referred to in paragraph (1) if—

(a) in the case of a higher-risk building application, the regulator—

(i) rejects the application under regulation 7(2) or 15(2) of the HRB Regulations, and

(ii) gives notice of the rejection in accordance with regulation 7(4) or 15(4) of those Regulations;

(b) in the case of a section 91ZB application, the regulator—

(i) rejects the application under regulation 14A(2) of the 2010 Regulations , and

(ii) gives notice of the rejection in accordance with regulation 14A(6) of those Regulations;

(c) in the case of a change control application, the regulator—

(i) rejects the application under regulation 24(2) of the HRB Regulations, and

(ii) gives notice of the rejection in accordance with regulation 24(4) of those Regulations.

(4) The regulator must, before the end of the period of 5 working days beginning with the day on which the notice of the rejection referred to in paragraph (3) (a) (ii) , (b) (ii) or (c) (ii) is given, provide a copy of the notice to the collecting authority.

(5) If rejection of an application referred to in paragraph (1) is reviewed under regulation 48(1) of the HRB Regulations and the regulator does not uphold the rejection, the regulator must notify the collecting authority, before the end of the period of 5 working days beginning with the day on which the regulator makes the review decision, that the review has not upheld the rejection.

(6) If rejection of an application referred to in paragraph (1) is appealed under regulation 49(1) of the HRB Regulations and the regulator is notified that the appeal is allowed, the regulator must notify the collecting authority, before the end of the period of 5 working days beginning with the day on which the regulator receives the appeal decision, that the appeal has been allowed.

Section 33 Provision of commencement of building work information by the regulator

(1) If the regulator receives a commencement notice which includes information required under regulation 9(3A)(a) or (b) or 17(3A)(a) or (b) of the HRB Regulations, the regulator must—

(a) give a copy of the notice to the collecting authority, and

(b) if the regulator gives, in relation to the commencement notice, a rejection notice under regulation 9(4) or regulation 17(4) of the HRB Regulations, notify the collecting authority that the rejection notice has been given.

(2) If the regulator receives a commencement notice which includes information required under regulation 16(3CA)(a) or (b) of the 2010 Regulations , the regulator must—

(a) give a copy of the notice to the collecting authority, and

(b) if the regulator gives, in relation to the commencement notice, a rejection notice under regulation 16(3E) of the 2010 Regulations , notify the collecting authority that the rejection notice has been given.

(3) The regulator must give the copy of the commencement notice, required under paragraph (1) (a) or (2) (a) , before the end of the period of 10 working days beginning with the day on which the commencement notice is received.

(4) The regulator must give the notification, required under paragraph (1) (b) or (2) (b) , before the end of the period of 5 working days beginning with the day on which the regulator gives the rejection notice.

(5) If rejection of a commencement notice referred to in paragraph (1) or (2) is appealed and the regulator is notified that the appeal is allowed, the regulator must notify the collecting authority that the appeal has been allowed before the end of the period of 5 working days beginning with the day on which the regulator receives the appeal decision.

Section 34 Provision of new named client information by the regulator

(1) This regulation applies if—

(a) the regulator receives a notice under regulation 27(2) of the HRB Regulations in relation to—

(i) a higher-risk building application that includes the building safety levy information, or

(ii) a change control application that is accompanied by the building safety levy information, or

(b) the regulator—

(i) receives a notice under regulation 11O(2) of the 2010 Regulations in relation to building work, and

(ii) the section 91ZB application in relation to the building work includes the building safety levy information.

(2) The regulator must, before the end of the period of 5 working days beginning with the day on which the notice is received, provide a copy of the notice to the collecting authority.

Section 35 Provision of confirmation by collecting authority

(1) Paragraph (3) applies if, pursuant to regulation 14 of the 2010 Regulations, a collecting authority receives evidence from a named client of a type referred to in regulation 14(7) of those Regulations.

(2) Paragraph (3) applies if, pursuant to regulation 21 of the HRB Regulations, a collecting authority receives evidence from a named client of a type referred to in regulation 21(5) of those Regulations.

(3) The collecting authority must, within 10 working days beginning with the day on which the evidence is received, notify the regulator of its receipt.

Section 36 Applications under section 30A of the 1984 Act: rejection of higher-risk building application

(1) Paragraph (2) applies if—

(a) an application is made to the Secretary of State under section 30A of the 1984 Act in relation to a higher-risk building application or a change control application that includes building safety levy information, and

(b) the Secretary of State rejects the higher-risk building application or the change control application under a provision mentioned in regulation 32 (3) (a) (i) or (c) (i) .

(2) The Secretary of State must, before the end of the period of 5 working days beginning with the day on which the notice of rejection under a provision mentioned in regulation 32 (3) (a) (ii) or (c) (ii) is given, provide a copy of the notice to the collecting authority.

(3) If rejection of the application referred to in paragraph (1) is appealed and the Secretary of State is notified that the appeal is allowed, the Secretary of State must notify the collecting authority that the appeal has been allowed before the end of the period of 5 working days beginning with the day on which the Secretary of State receives the appeal decision.

Section 37 Collecting authority: determination of levy liability amount

(1) This regulation applies if—

(a) the building control authority has received a building control application, and

(b) the collecting authority has received the following information (or a copy of it) in relation to the building work to which the application relates—

(i) the information required by regulation 14(1)(g) or (h) of the 2010 Regulations, regulation 4(1)(f) or regulation 12(1)(f) or regulation 21(2)(g) and (5) of the HRB Regulations or, as the case may be, paragraph 5(f) of Form 1, or paragraph 4(h) of Form 2 or paragraph 5(f) of Form 4 in Schedule 1 to the RBCA Regulations, and

(ii) the information required by regulation 16(3CA) of the 2010 Regulations, regulation 9(3A) and (3B) or regulation 17(3A) and (3B) of the HRB Regulations or, as the case may be, regulation 15(2A), and where applicable regulation 15(2B), of the RBCA Regulations.

(2) The collecting authority must, within the determination period (as defined in regulation 38 )—

(a) determine, in accordance with regulation 15 , whether or not the application is chargeable, and

(b) take either the steps specified in paragraph (3) or the step specified in paragraph (4) .

(3) If the application referred to in paragraph (1) is chargeable, the collecting authority must—

(a) determine the total amount of building safety levy chargeable in respect of the application (the “levy liability amount”) in accordance with regulation 16 , and

(b) give a levy liability notice to the named client in accordance with regulation 39 .

(4) If the application referred to in paragraph (1) is not chargeable, the collecting authority must give a notice of no charge to the named client in accordance with regulation 40 .

(5) If the application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, the collecting authority must, within the determination period, give a copy of the notice referred to in paragraphs (3) (b) or (4) to the registered building control approver.

(6) In determining the amount referred to in paragraph (3) in relation to a building control application which 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 are to be treated as references to the time the original application, to which that updated application relates, was made.

(7) Subject to paragraphs (8) and (9), for the purposes of paragraph (1) the information (or a copy of it) is not to be considered to have been received if the building control application or the compliant commencement notice to which the information relates is rejected under—

(a) regulation 14A(2) or 16(3E) of the 2010 Regulations,

(b) regulation 9(4), 17(4) or 24(2) of the HRB Regulations,

(c) regulation 15(3) of the RBCA Regulations, or

(d) section 51A(3) of the 1984 Act.

(8) If there is a review of the decision to reject the building control application under regulation 48(1) of the HRB Regulations paragraph (7) does not have effect if the review does not uphold the decision to reject the application.

(9) If there is an appeal against the rejection of the building control application or compliant commencement notice under—

(a) regulation 14B(1), 14B(4), 14C(1) or 16(3I) of the 2010 Regulations,

(b) regulation 9(7), 17(7) or 49(1) of the HRB Regulations,

(c) regulation 15(6) of the RBCA Regulations, or

(d) section 55(1) of the 1984 Act,

paragraph (7) does not have effect if the appeal is allowed.

Section 38 “Determination period”

(1) Subject to paragraphs (3) to (9), in regulation 37 , the “ determination period ” means the period of 5 weeks beginning with the receipt date or such longer period as the collecting authority and the named client agree in writing.

(2) The “ receipt date ” in relation to a building control application is—

(a) in the case of a building control application which is not an updated application, the date on which the collecting authority receives the last of the following documents—

(i) the building safety levy information in relation to the application;

(ii) the first compliant commencement notice, or a copy of it, in relation to building work to which the building control application relates;

(iii) the evidence, in relation to that notice, referred to in regulation 16(3CA) of the 2010 Regulations, regulation 9(3B) or 17(3B) of the HRB Regulations or, as the case may be, regulation 15(2A) of the RBCA Regulations;

(b) in the case of a pre-commencement updated application, the date on which the collecting authority receives the last of the following documents—

(i) the building safety levy information in relation to the updated application;

(ii) the first compliant commencement notice, or a copy of it, in relation to building work to which the updated application relates;

(iii) the evidence, in relation to that notice, referred to in regulation 16(3CA) of the 2010 Regulations, regulation 9(3B) or 17(3B) of the HRB Regulations or, as the case may be, regulation 15(2A) of the RBCA Regulations;

(c) in the case of an updated application which is received after the first compliant commencement notice, or a copy of it, has been received, the date on which the collecting authority receives the last of the following documents—

(i) the building safety levy information in relation to the updated application;

(ii) the statements and evidence referred to regulation 14(5) or (6) of the 2010 Regulations, regulation 21(5) of the HRB Regulations or, as the case may be, paragraph 2(a) or (b) of the Annex to Form 2 in Schedule 1 to the RBCA Regulations.

(3) If the collecting authority considers that the information provided is not sufficient for the purposes of making a determination under regulation 37 (2) (a) or (3) (a) —

(a) the collecting authority may request further information from the named client for the purposes of making that determination, and

(b) the determination period ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to make the determination.

(4) If the first compliant commencement notice referred to in paragraph (2) (a) or (b) is rejected under—

(a) regulation 16(3E) of the 2010 Regulations,

(b) regulation 9(4) or 17(4) of the HRB Regulations, or

(c) regulation 15(3) of the RBCA Regulations,

the determination period ends on the day which is 5 weeks after the day on which the collecting authority receives a new compliant commencement notice, or a copy of it, in relation to the application, and that notice is to be treated as if it were the first compliant commencement notice.

(5) If the review of the decision to reject the building control application under regulation 48(1) of the HRB Regulations does not uphold the decision to reject the application the determination period ends on the day which is 5 weeks after the day on which the collecting authority receives notice of the review decision.

(6) If the appeal against the rejection of the first compliant commencement notice referred to in paragraph (2) (a) or (b) or an application referred to in paragraph (2)(c) is allowed under—

(a) regulation 14B(2), 14B(5) and 14C(2) or 16(3I) of the 2010 Regulations,

(b) regulation 9(8), 17(8) or 49(2) of the HRB Regulations,

(c) regulation 15(7) of the RBCA Regulations, or

(d) section 55(2) of the 1984 Act,

the determination period ends on the day which is 5 weeks after the day on which the collecting authority receives notice of the appeal decision.

(7) If the application is selected for a levy information spot check under regulations 47 or 48 —

(a) the determination period for the application is the period of 8 weeks beginning with the receipt date, or where paragraph (5) or (6) applies the determination period for the application is the period of 8 weeks beginning with the day on which the collecting authority receives notice of the review decision or appeal decision,

(b) if the collecting authority requests further information in accordance with paragraph (3) , the determination period for the application ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to make the determination, or

(c) if the collecting authority requests further information in accordance with regulation 50 (3) , the determination period for the application ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to carry out the levy information spot check.

(8) If during the period provided for in paragraph (7) (b) a request for further information is made in accordance with regulation 50 (3) then the determination period in paragraph (7) (c) applies instead.

(9) If during the period provided for in paragraph (7)(c) a request for further information is made in accordance with paragraph (3) then the determination period in paragraph (7)(b) applies instead.

(10) In this regulation, “ compliant commencement notice ” means—

(a) in relation to a higher-risk building application or a pre-commencement updated application in relation to such an application, a commencement notice which includes the information referred to in regulations 9(3A) or 17(3A) of the HRB Regulations;

(b) in relation to an application for building control approval with full plans, a section 91ZB application or a pre-commencement updated application in relation to such an application, a commencement notice which includes the information referred to in regulation 16(3CA) of the 2010 Regulations;

(c) in relation to an initial notice or a pre-commencement updated application in relation to such a notice, a commencement notice which includes the information referred to in regulation 15(2A) of the RBCA Regulations.

Section 39 “Levy liability notice”

(1) A “levy liability notice” is a notice, in relation to a chargeable application, stating the levy liability amount.

(2) A levy liability notice must also specify—

(a) the building control application to which the notice relates,

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

(c) 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 sub-paragraphs (a) to (c) of regulation 8 (1) ,

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

(e) in relation to each of the relevant residential buildings to which the application relates—

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

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

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

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

(3) If the levy liability notice relates to an updated application—

(a) the reference in paragraph (2) (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, and

(b) the notice must also specify—

(i) the amount, if any, of the building safety levy paid in respect of—

(aa) the original application,

(bb) any other updated application in relation to the original application or any levy update application in relation to the original application, and

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

(4) Where the building control application referred to in paragraph (2) (a) relates to part of a relevant residential building the reference in paragraph (2) (e) to the relevant residential building is a reference to the part of the building to which the application relates.

Section 40 “Notice of no charge”

(1) A “notice of no charge” is a notice, in relation to a building control application, stating that no building safety levy is chargeable in respect of the application.

(2) A notice of no charge must specify—

(a) the building control application to which the notice relates,

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

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

(d) the reasons why the application is not chargeable, and

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

(3) If the notice of no charge relates to an updated application, the reference in paragraph (2) (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.

Section 41 Variation applications

(1) A “ variation application ” means—

(a) in relation to an application for building control approval with full plans that relates to building work in respect of one or more residential buildings, a subsequent application for building control approval with full plans that—

(i) relates to one or more of the same buildings, and

(ii) does not relate solely to a building in respect of which the building work is completed;

(b) in relation to an initial notice, an amendment notice;

(c) in relation to a higher-risk building application, a change control application.

(2) A variation application is “made” if—

(a) in the case of an application for building control approval with full plans, it is made within the meaning of regulation 5 (2) (a) ;

(b) in the case of an amendment notice, it is given to a local authority in accordance with section 51A(2)(a) of the 1984 Act ;

(c) in the case of a change control application, it is submitted to the regulator in accordance with regulations 18(5) and 21 of the HRB Regulations.

Section 42 Effect of a variation application

(1) This regulation applies if—

(a) a collecting authority received a building control application (the “ original application ”), and

(b) a variation application, relating to the original application, is made.

(2) For the purposes of these Regulations (other than the provisions of this Part)—

(a) the original application and the variation application are treated as a single building control application (the “updated application”);

(b) subject to paragraph (6), the collecting authority is treated as receiving the updated application on the date on which it receives the variation application;

(c) if the variation application is an application for building control approval with full plans, Parts 7 and 9 of these Regulations do not apply in relation to the variation application alone but those Parts apply to the variation application as part of the updated application.

(3) The updated application is treated as being made on the date the variation application is made (as described in regulation 41 (2) ).

(4) If part of the work described in a building control application to which an updated application relates is completed then—

(a) in determining, in accordance with regulation 15 , whether or not the updated application is chargeable, and

(b) in calculating the levy liability amount in relation to the application,

the completed work is to be treated as if it were as described in the original application (including any changes to that work which were described in all the variation applications approved before the work was completed).

(5) If after a levy determination notice is given in relation to the updated application under regulation 37 , a further variation application is made relating to the original application (“the undetermined variation application”) then—

(a) references in this regulation (except in this paragraph) to the original application are to be treated as references to the original application as varied by all variation applications except the undetermined variation application;

(b) references in this regulation (except in this paragraph) to the variation application are to be treated as references to the undetermined variation application.

(6) If the variation application is—

(a) a section 91ZB application, the collecting authority is treated as receiving the updated application on whichever is the later of—

(i) the date it receives the information in relation to the variation application in accordance with regulation 32(2),

(ii) the date it receives the evidence in relation to the variation application in accordance with regulation 14(7) of the 2010 Regulations,

(b) a change control application, the collecting authority is treated as receiving the updated application on whichever is the later of—

(i) the date it receives the information in relation to the variation application in accordance with regulation 32(2),

(ii) the date it receives the evidence in relation to the variation application in accordance with regulation 21(5) of the HRB Regulations.

(7) In this regulation a variation application is “approved” if it has been approved by the building control authority or, in the case of an amendment notice, it is treated as approved pursuant to section 51B(1)(b) of the 1984 Act .

(8) In a case where an application is made to the Secretary of State under section 30A of the 1984 Act in relation to a variation application, the reference in paragraph (7) to a building control authority is to be treated as a reference to the Secretary of State.

Section 43 Cancellation and reinstatement of levy determination notices

(1) This regulation applies where a collecting authority has given a levy determination notice in relation to a building control application.

(2) If, after a levy determination notice is given in relation to a building control application, a notice of rejection in respect of the first compliant commencement notice is given in accordance with—

(a) regulation 16(3E) of the 2010 Regulations,

(b) regulation 15(3) of the RBCA Regulations,

(c) regulation 9(4) or 17(4) of the HRB Regulations,

then on the day on which the rejection notice is given or, if the regulator is the building control authority, the day on which the collecting authority receives notification of the rejection, the levy determination notice in relation to the application is cancelled.

(3) If, after a levy determination notice is given in relation to a building control application, the collecting authority is treated as receiving an updated application in relation to the original application and gives a levy determination notice in relation to the updated application under regulation 37 , then on the day on which the levy determination notice for the updated application is given the levy determination notice in relation to the original application is cancelled.

(4) If, after a levy determination notice is given in relation to the updated application, a notice of rejection of the updated application is given in accordance with—

(a) regulation 14A(6) of the 2010 Regulations,

(b) regulation 8(3) of the RBCA Regulations,

(c) regulation 24(4) of the HRB Regulations,

then on the day on which the rejection notice is given or, if the regulator is the building control authority, the day on which the collecting authority receives notification of the rejection, the levy determination notice in relation to the updated application is cancelled, and the levy determination notice in relation to the original application is reinstated.

(5) The collecting authority must give notice to the named client of any cancellation or reinstatement of a levy determination notice under this regulation.

(6) If the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, the collecting authority must give a copy of the notice under paragraph (5) to the registered building control approver.

(7) A notice under paragraph (5) or (6) must be given before the end of the period of 5 working days beginning with—

(a) in a case to which paragraph (3) applies, the day on which the levy determination notice for the updated application is given;

(b) in any other case, the day on which the notice of rejection is given or, if the regulator is the building control authority, the day on which the collecting authority receives notification of the rejection.

(8) If after a levy determination notice is given in relation to the updated application under regulation 37 , a further variation application is made relating to the original application (“the undetermined variation application”) then—

(a) references in this regulation (except in this paragraph) to the original application are to be treated as references to the original application as varied by all variation applications except the undetermined variation application;

(b) references in this regulation (except in this paragraph) to the updated application are to be treated as references to the undetermined variation application.

Section 44 Amendment of RBCA Regulations: information to be provided with amendment notices

In Schedule 1 to the RBCA Regulations, for Form 2, substitute the corresponding form in Schedule 5.

Section 45 Amendment of HRB Regulations: information to be provided with change control applications

(1) Regulation 21 of the HRB Regulations is amended as follows .

(2) In paragraph (2) omit the “and” at the end of sub-paragraph (e) and at the end of sub-paragraph (f) insert—

(g) if the change control application is an updated application and the building work, to which the updated application relates, relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations)—

(i) the building safety levy information, in relation to the updated application, in accordance with regulation 17A but where the updated application is given on or after the day on which the first notice under regulations 9(3) or 17(3) is given then the information in regulation 17A(1)(a) and (b) is not required;

(ii) if the levy charging conditions are met, the information set out in paragraph (3);

(iii) if the levy charging conditions are not met, the information set out in paragraph (4).

(3) After paragraph (2) insert—

(3) The information referred to in paragraph (2)(g)(ii) is—

(a) a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the updated application relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations;

(b) a statement setting out the levy charging information in relation to the updated application in accordance with regulation 17B;

(c) in a case where regulation 9(3A) or 17(3A) has not applied to any notice under regulation 9(3) or, as the case may be, 17(3), a statement which includes the applicable planning information within the meaning of regulation 9 or, as the case may be, 17;

(d) in any case where sub-paragraph (c) does not apply, a statement confirming whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated.

(4) The information referred to in paragraph (2)(g)(iii) is—

(a) in a case where the change control application is received on a day which is before the first notice under regulations 9(3) or 17(3) is received in relation to the original application, a statement confirming that the first notice under regulations 9(3) or 17(3) was not given before the change control application was submitted;

(b) in a case where the change control application is received on or after the day on which the first notice under regulation 9(3) or 17(3) is received and regulation 9(3A) or 17(3A) did not apply to that notice and has not applied to any notice under regulation 9(3) or, as the case may be, 17(3), a statement which—

(i) includes the applicable planning information within the meaning of regulation 9 or, as the case may be, 17;

(ii) explains how the levy charging conditions are not met;

(c) in any other case, a statement which—

(i) confirms whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated;

(ii) explains how the levy charging conditions are not met.

(5) Where a change control application is required to include a statement under paragraph (3) or (4)(b) or (c), the client must send evidence as to the matters set out in the statement together with a statement identifying the application to which the evidence relates to the collecting authority on the same day that the change control application is made to the regulator.

(6) For the purposes of paragraph (2)(g), the “levy charging conditions” are that—

(a) the change control application is received on or after the day on which the first notice under regulations 9(3) or 17(3) is received in relation to the original application,

(b) the building work to which the updated application relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use),

(c) the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and

(d) the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person.

Section 46 “Levy information spot check”

(1) A “ levy information spot check ” means an assessment as to the accuracy of a set of levy information in relation to a building control application, by reference to—

(a) any of the following—

(i) if the application is—

(aa) a building control application which is not an updated application, or

(bb) a pre-commencement updated application in relation to the original application,

the evidence provided under regulation 16(3CA) of the 2010 Regulations , regulations 9(3B) or 17(3B) of the HRB Regulations or regulation 15(2A) of the RBCA Regulations ,

(ii) if the application is an updated application which is made after the first compliant commencement notice was given in relation to the original application, the evidence provided under regulation 14(5) or (6) of the 2010 Regulations , regulation 21(5) of the HRB Regulations or paragraph 2(a) or (b) of the Annex to Form 2 in Schedule 1 to the RBCA Regulations ,

(iii) if a levy update notice is received in relation to the application, the evidence provided with the levy update notice,

(b) the planning permission, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development in relation to which the building work to which the application relates is to be carried out, and

(c) such other information as is reasonably available to the collecting authority.

(2) A levy information spot check, in relation to a building control application, may only be carried out during the relevant period for the building control application.

(3) In this regulation—

“ relevant period ” means—

the determination period under regulation 38 (7) in relation to the building control application, or

the period for determining a levy update application under regulation 53(10) in relation to the building control application;

“ set of levy information ” means—

a set of Category 1 levy information, as defined in regulation 47 (3) , or

a set of Category 2 levy information, as defined in regulation 48 (3) .

Section 47 Requirement to carry out levy information spot checks: Category 1

(1) This regulation applies if, in a financial quarter, a collecting authority receives one or more sets of Category 1 levy information.

(2) The collecting authority must carry out a levy information spot check—

(a) in relation to at least one set of Category 1 levy information received in the financial quarter, and

(b) if the collecting authority receives more than 10 sets of Category 1 levy information in the financial quarter, in relation to at least 10% of those sets.

(3) A “ set of Category 1 levy information ” means—

(a) if the application referred to in regulation 46(1) is a non-RBCA building control application, the building safety levy information that is provided with the application together with the BSL information provided with the first compliant commencement notice given in relation to that application;

(b) if the application referred to in regulation 46(1) is a non-RBCA pre-commencement updated application, the building safety levy information provided with that updated application together with the BSL information provided with the first compliant commencement notice given in relation to that application;

(c) if the application referred to in regulation 46(1) is a non-RBCA updated application, the information required under regulation 14(1)(h) of the 2010 Regulations or, as the case may be, regulation 21(2)(g) of the HRB Regulations to be provided in relation to that updated application;

(d) if a levy update notice is received in relation to a non-RBCA building control application or an updated application referred to in sub-paragraph (b) or (c) , the information required to be provided with the notice under regulation 52 (3) .

(4) In this regulation—

“ BSL information ” means the statement required by regulation 16(3CA) of the 2010 Regulations or regulations 9(3A) or 17(3A) of the HRB Regulations, to be included in the first compliant commencement notice;

“ non-RBCA building control application ” means an application for building control approval with full plans or a higher-risk building application;

“ non-RBCA pre-commencement updated application ” means a pre-commencement updated application, excluding one in relation to an initial notice;

“ non-RBCA updated application ” means an updated application other than—

an updated application in relation to an initial notice, or

a non-RBCA pre-commencement updated application.

Section 48 Requirement to carry out levy information spot checks: Category 2

(1) This regulation applies if, in a financial quarter, a collecting authority receives one or more sets of Category 2 levy information.

(2) The collecting authority must carry out a levy information spot check—

(a) in relation to at least one set of Category 2 levy information received in the financial quarter, and

(b) if the collecting authority receives more than 10 sets of Category 2 levy information in the financial quarter, in relation to at least 10% of those sets.

(3) A “ set of Category 2 levy information ” means—

(a) if the application referred to in regulation 46(1) is an initial notice, the building safety levy information that is provided with an initial notice together with the BSL information provided with the first compliant commencement notice given in relation to that initial notice;

(b) if the application referred to in regulation 46(1) is a RBCA pre-commencement updated application, the building safety levy information that is provided with that updated application together with the BSL information provided with the first compliant commencement notice given in relation to the initial notice to which that application relates;

(c) if the application referred to in regulation 46(1) is a RBCA updated application, the information required under paragraph 4(h) of, and the Annex to, Form 2 in Schedule 1 to the RBCA Regulations to be provided with that updated application;

(d) if a levy update notice is received in relation to an initial notice or an updated application referred to in sub-paragraph (b) or (c), the information required to be provided with the notice under regulation 52 (3) .

(4) In this regulation—

“ BSL information ” means the statement required by regulation 15(2A) of the RBCA Regulations to be included in the first compliant commencement notice;

“ RBCA pre-commencement updated application ” means a pre-commencement updated application in relation to an initial notice;

“ RBCA updated application ” means an updated application in relation to an initial notice other than an application which is a RBCA pre-commencement updated application.

Section 49 Requirement to notify named client of levy information spot check

(1) This regulation applies where a collecting authority carries out a levy information spot check in relation to a building control application.

(2) The collecting authority must as soon as practicable, but within the relevant period (as defined in regulation 46 (3) ) for the building control application, give notice to the named client—

(a) stating that the collecting authority is carrying out a levy information spot check,

(b) specifying the last date by which the spot check must be carried out, which is the end of the relevant period for the building control application, and

(c) stating that, if the collecting authority requests further information for the purposes of carrying out the levy information spot check, the period for carrying out the spot check is revised in accordance with regulation 50 (3) .

Section 50 Further information and notice of outcome

(1) This regulation applies where a collecting authority has given notice in relation to a building control application under regulation 49 that it is carrying out a levy information spot check.

(2) Subject to paragraph (3), the collecting authority must, no later than the LDN day, give notice to the named client stating whether or not the authority considers that the set of levy information in relation to the building control application is accurate.

(3) If the collecting authority considers it does not have sufficient information for the purposes of carrying out the levy information spot check—

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

(b) the period for carrying out the levy information spot check ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to carry out the levy information spot check.

(4) In this regulation “the LDN day” is the day on which the collecting authority gives a levy determination notice or a revised levy determination notice in relation to the building control application to which the levy information spot check relates.