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The Building Safety Levy (England) Regulations 2025

The Building Safety Levy (England) Regulations 2025

  • From 1 October 2026 the levy will apply to all residential developments in England (unless exempt). Please see the levy regulations The Building Safety Levy (England) Regulations 2025 and levy guidance Building Safety Levy: Guidance – Guidance – GOV.UK
  • The levy is charged on relevant building control applications and notices. Building control full plans applications / initial notices / HRB applications for works providing at least 10+ dwellings or 30+ purpose-built student accommodation bedspaces. Purpose-Built Student Accommodation projects will have to include information for the purpose of the levy, otherwise their application may be rejected (or in the case of initial notice must be rejected). Further information for levy calculation will be provided at commencement notice stage.
  • Local authorities with building control responsibility will act as levy collecting authorities. Rates vary by local authority and whether the development is on previously developed land. Please see the rates table Building Safety Levy: Guidance – Section 2: Levy rates and calculations – Guidance – GOV.UK. For clarity, Hyndburn Borough Council’s rates are depicted below:

    Rate Type                                                               Rate (£ per m²)

    Previously developed land rate:                              £7.41

    Non-previously developed land (standard) rate:     £14.83

  • Affordable housing supported housing and any housing built by non-profit registered providers (and their wholly owned subsidiaries) is exempt from the charge.
  • Other Exemptions: Beyond affordable housing, exemptions also extend to specific building types such as care homes, NHS hospitals, hospices, and temporary accommodation for the homeless.
  • The levy charge is calculated by collecting authorities following provision of information and evidence at commencement notice stage. Payment must be made prior to the earlier of occupation and completion stage and must be made to the local authority acting as collecting authority (the local authority where the proposed buildings are located).
  • If a residential developer wishes to dispute the levy charge, a refund amount or the decision not to issue a refund, they can request a review by the collecting authority within 28 days. If a developer remains in dispute, they can appeal the matter to the First-Tier Tribunal.
  • Failure to pay the levy will mean the building control authority will withhold the completion certificate or reject the final certificate.

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

Step-by-step checklist

Before working through the checklist below, developers and agents may find it helpful to refer to Annex D of the national Building Safety Levy guidance. Access the links below for the forms.

Building_Safety_Levy_Information_Application_Stage_.pdf

Building_Safety_Levy_Charging_Information_Commencement_Stage.pdf

1) Before you submit (triage)

  • First stage is to establish which building control route is applicable (Hyndburn Borough Council with full plans or a Registered Building Control Approver via an initial notice/Building Safety Regulator).
  • Prepare and declare residential floorspace calculations, including gross internal area (GIA) schedules and communal areas.
  • Identify any exemptions which are likely to apply (for example social/supported housing, exempt buildings, exempt persons) and begin gathering evidence.

2) At building control submission / initial notice (basic levy information)

  • Provide planning permission reference numbers and site address details.
  • Declare the number of dwellings and/or purpose-built student accommodation bedspaces created by the works (net increase where applicable if adding to an existing scheme).
  • Provide initial statement on whether exemptions may apply (and what evidence you will provide).
  • Provide an initial statement on whether you consider the land to be previously developed and a land discounted rate applies (evidence usually follows at commencement stage).
  • Note: If levy information is not included, Hyndburn Borough Council may reject the application within the 5-week statutory period for rejecting an application, subject to any agreed extensions. The council will reject an initial notice within the 5 working day statutory period, if levy information is not submitted.

3) At first commencement notice (levy charging information + evidence)

  • Provide floorspace information (gross internal area schedules in m²) for chargeable dwellings/ purpose-built student accommodation and any communal areas for residents.  Ensure measurements follow the required gross internal area approach and rounding as-per regulation 12 Building Safety Levy (England) Regulations 2025.
  • The following link demonstrates guidance on how to measure the gross internal area: https://www.rics.org/profession-standards/rics-standards-and-guidance/sector-standards/real-estate-standards/code-of-measuring-practice
  • Provide evidence to support previously developed land status if claiming the discounted rate (previously developed land is assessed against the planning redline and the regulatory definition).
  • Provide evidence for any exemption claims (tenure/provider status, planning obligations, supporting documents, etc.).
  • Registered Building Control Approver route: the client must also provide a copy of the first commencement notice and levy evidence to the collecting authority within two working days.

4) After submission of charging information

  • Hyndburn Borough Council is acting as the collecting authority and will issue either a Levy Liability Notice or a Notice of No Charge.
  • The determination timescale runs from the statutory ‘receipt date’ (generally when the last of the required levy information, the first compliant commencement notice and supporting evidence are received).
  • If selected for a levy information spot check, you may be asked for further clarification/evidence.

5) Payment and levy payment certificate

  • Pay the levy to Hyndburn Borough Council (the collecting authority).  Payment instructions will be provided with the levy determination.
  • Keep proof of payment/remittance details.
  • Hyndburn Borough Council will issue a Levy Payment Certificate within two weeks of receiving the full levy payment.

6) Completion / final certificate gate

  • Before completion/final certification, ensure levy position is clear: paid in full or Notice of No Charge received (and not cancelled).
  • Failure to pay will delay completion/final certification.

7) Changes, refunds, reviews and appeals (if applicable)

  • If the development changes and affects levy liability, you must notify the collecting authority.
  • Confirm that all levy liabilities have been paid in full.
  • If you disagree with a levy decision, you may request a review within 28 days of the relevant notice or decision and may be able to appeal to the First-tier Tribunal.

If you have any queries regarding the levy, please email buildingsafetylevy@hyndburnbc.gov.uk