SI 2026/1034 - The Building Safety Levy (Amendment) (England) Regulations 2026

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This Statutory Instrument has been made in consequence of defects in S.I. 2025/1236 and is being issued free of charge to all known recipients of that Statutory Instrument.

STATUTORY INSTRUMENTS 2026 No. 1034 BUILDING AND BUILDINGS, ENGLAND The Building Safety Levy (Amendment)

(England) Regulations 2026 Made - - - - 12th September 2026 Coming into force - - 1st October 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1), 47(1), (2) and (5), 50(4) and (6), 51A(2) and (3), 105C(1), (3) and (5) and 120A(2) and (3) of the Building Act 1984(1).

In accordance with section 120B(3) of that Act, the Secretary of State has consulted the regulator (which has the meaning given in section 126 of that Act) and such other persons as the Secretary of State considers appropriate(2).

In accordance with section 120A(7) of that Act(3), a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

(1) 1984 c. 55. Section 1 was amended by section 1(1) to (3) of the Sustainable and Secure Buildings Act 2004 (c. 22) (“the 2004 Act”) and paragraph 2 of Schedule 5 to the Building Safety Act 2022 (c. 30) (“the 2022 Act”). Subsections (1), (2) and (5) of section 47 were amended by section 8(2) of the 2004 Act, sections 46(1) and 48(2) of, and paragraph 4 of Schedule 4 and paragraph 40 of Schedule 5 to, the 2022 Act and S.I. 1996/1905. Section 50(4) was amended by section 49(2)(b) of the 2022 Act. Section 51A was inserted by S.I. 1996/1905 and subsection (2) was amended by section 48(3) of, and paragraph 8 of Schedule 4 to, the 2022 Act. Section 51A(6) applies the powers in section 47(5) to amendment notices. Sections 105C and 120A were inserted by section 58 of, and paragraph 77 of Schedule 5 to, the 2022 Act respectively. See section 105C(11) for the definition of “specified” and section 126 for the definitions of “appropriate national authority” and “prescribed”. The definition of “appropriate national authority” was inserted by paragraph 81(2) of Schedule 5 to the 2022 Act.

(2) Section 120B was inserted by paragraph 77 of Schedule 5 to the Building Safety Act 2022. The definition of “regulator” in

section 126 was inserted by section 43 of, and paragraph 14(b) of Schedule 4 to, that Act and amended by S.I. 2026/20.

(3) Section 120A was inserted by paragraph 77 of Schedule 5 to the Building Safety Act 2022.Document Generated: 2026-09-18

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Part 1 GENERAL Citation, commencement, extent, application and interpretation

1.—(1) These Regulations may be cited as the Building Safety Levy (Amendment) (England) Regulations 2026.

(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) Part 3 of these Regulations does not apply in relation to any building control application made before 1st October 2026.

(6) Part 3 of these Regulations does not apply to—

(a) a variation application made on or after 1st October 2026, or

(b) a commencement notice given on or after 1st October 2026, if the variation application or commencement notice relates to an original application which was made before 1st October 2026.

(7) In these Regulations, “the 2025 Regulations” means the Building Safety Levy (England) Regulations 2025(4) and for the purposes of paragraphs (5) and (6), “building control application”, “commencement notice”, “original application” and “variation application” have the meanings given in regulation 2 of those Regulations.

Part 2 AMENDMENT OF THE 2025 REGULATIONS Amendment of the 2025 Regulations 2 The 2025 Regulations are amended in accordance with regulations 3 to 8.

Amendments relating to when land is previously developed 3 In regulation 21 (previously developed sites)—

(a) in paragraph (2) after “relevant date” insert “, and that building was not wholly underground”;

(b) in paragraph (4)—

(i)in the words before sub-paragraph (a) after “at that time” insert “any one or more of the following conditions are met”;

(ii)omit the “or” after sub-paragraph (c);

(iii)at the end of sub-paragraph (d) insert “, or “(e) any operations which have been carried out in, on, over or under the land are not lawful.”;

(c) after paragraph (4) insert—

(4) S.I. 2025/1236.

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “(4A) For the purposes of calculating whether at least 75% of land is previously developed for the purposes of paragraph (1), any underground part of a building which extends beyond the part of the building which is not underground is not to be taken into account.”;

(d) in paragraph (5)—

(i)for the definition of “building” substitute— ““building” means any permanent building and any other permanent man- made structure or erection, including any extension, and any part of a building, as so defined;”;

(ii)insert the following definitions in the appropriate places— ““lawful”, in relation to operations, has the same meaning as in section 191 of TCPA 1990(5);”; ““structure or erection” includes, but is not limited to—

(a) areas which are reinforced for load-bearing, paved or otherwise surfaced with man-made materials;

(b) plant and machinery.”.

Amendments relating to the meaning of “determination period” 4 In regulation 38 (“determination period”)—

(a) in paragraph (2)—

(i)in sub-paragraph (a)(iii) for “referred to in” substitute “required in accordance with”;

(ii)in sub-paragraph (b)(iii) for “referred to in” substitute “required in accordance with”;

(iii)in sub-paragraph (c)(ii)—

(aa)for “referred to” substitute “required in accordance with”;

(bb)for “regulation 14(5) or (6)” substitute “regulation 14(1)(h)(ii) or (iii)”;

(cc)for “regulation 21(5)” substitute “regulation 21(2)(g)(ii) or (iii) and (5)”;

(dd)for “paragraph 2(a) or (b)” substitute “paragraph 1(h) or (i)”;

(b) in paragraph (10) for “referred to in”, in each place it occurs, substitute “required in accordance with”.

Amendments relating to levy information spot checks

5.—(1) In regulation 46 (“levy information spot check”)—

(a) in paragraph (2) omit “for the building control application”;

(b) in paragraph (3) for the definition of “relevant period” substitute— ““relevant period” means—

(a) in the case where a levy update notice in relation to the building control application is selected for a levy information spot check under regulation 47 or 48, the period under regulation 53(10) to (12) for determining the levy update application;

(b) in all other cases, the determination period under regulation 38(7) to (9) in relation to the building control application;”.

(5) Section 191 was amended by section 10(1) of the Planning and Compensation Act 1991 and section 124(3) of the Localism Act 2011 (c. 20); there is another amendment which is not relevant.

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(2) For regulation 49 (requirement to notify named client of levy information spot check) substitute— “Requirement to notify named client of levy information spot check

49.—.—(1) This regulation applies where a building control application or a levy update notice is selected for a levy information spot check under regulation 47 or 48.

(2) The collecting authority must as soon as practicable, but no later than the end of the period of 5 weeks beginning with the receipt date, 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, as defined in regulation 46(3), 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).”.

Amendments relating to levy update notices

6.—(1) In regulation 52(3) (levy update notices)—

(a) in sub-paragraph (a) for “the BSL Regulations” substitute “these Regulations”;

(b) in sub-paragraph (d) for “the BSL Regulations” substitute “these Regulations”;

(c) after sub-paragraph (d) insert— “(da) 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,

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

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

(dd) the details of the levy determination notice referred to in paragraph (1)(a), and”;

(d) in sub-paragraph (e) after “(c)” insert “and (da)”.

(2) In regulation 53(3)(a) (procedure and outcome for levy updates) for “remains” substitute “is”.

Amendments relating to revised levy determination notices and levy payment certificates

7.—(1) In regulation 54 (request for revised levy determination)—

(a) in paragraph (4)(b) after “application” insert “(where, subject to paragraph (5A), a revised levy determination notice has the meaning given in regulation 67)”;

(b) after paragraph (5) insert— “(5A) For the purposes of paragraph (4)(b), regulation 67(6) has effect as if any reference in that paragraph to—

(a) the refund application were a reference to the request application;

(b) the new levy liability amount were a reference to the new levy liability amount determined under this regulation;

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(c) the remaining work were a reference to the building work described in the building control application referred to in paragraph (1) ignoring the regulation 54 work.

(5B) If a revised levy determination notice is given in accordance with paragraph (4)(b) and that notice specifies that there is no charge, the levy liability notice in relation to the application referred to in paragraph (1)(a) is cancelled and the revised levy determination notice given under paragraph (4)(b) must include a statement to that effect.”.

(2) In regulation 67 (refunds: levy liability amount, levy liability notices and levy payment certificates), after paragraph (2) insert— “(2A) If a revised levy determination notice is given in accordance with paragraph (2)

(a)(ii) or (2)(d)(vii)(bb) and that notice specifies that there is no charge, the levy liability notice in relation to the application referred to in regulation 66(1)(a) is cancelled and the revised levy determination notice given under paragraph (2)(a)(ii) or (2)(d)(vii)(bb) (as the case may be) must include a statement to that effect.

(2B) If a revised levy payment certificate is given in accordance with paragraph (2)(a)

(iii) or (2)(d)(vii)(bb) and the revised levy determination notice given in accordance with paragraph (2)(a)(ii) or (2)(d)(vii)(bb) (as the case may be) specifies that there is no charge, the levy payment certificate referred to in regulation 66(1)(b) is cancelled and the revised levy payment certificate given under paragraph (2)(a)(iii) or (2)(d)(vii)(bb) (as the case may be) must include a statement to that effect.”.

(3) In regulation 72 (carrying out a review), after paragraph (5) insert— “(6) If the new decision is that no building safety levy is chargeable in relation to the building control application and a notice of no charge is given in relation to the new decision in accordance with regulation 37(4), the levy liability notice referred to in regulation 71(1)

(a) is cancelled and the notice of no charge given under regulation 37(4) must include a statement to that effect.”.

(4) In regulation 73 (appeal against decision on a review), after paragraph (5) insert— “(6) If the new decision is that no building safety levy is chargeable in relation to the building control application and a notice of no charge is given in relation to the new decision in accordance with regulation 37(4), the levy liability notice referred to in regulation 71(1)

(a) is cancelled and the notice of no charge given under regulation 37(4) must include a statement to that effect.”.

Amendment to Schedule 3 8 In Schedule 3 (area rates), in the first column of the table, for “St. Helens” substitute “St Helens”.

Part 3 AMENDMENT OF OTHER INSTRUMENTS Amendment of the Building Regulations 2010

9.—(1) The Building Regulations 2010(6) are amended as follows.

(2) In regulation 14 (applications for building control approval with full plans), after paragraph (8) (as inserted by regulation 26 of the 2025 Regulations) insert—

(6) S.I. 2010/2214; relevant amending instruments are S.I. 2023/911, 2024/110 and 2025/1017 and 1236.

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “(9) In paragraphs (1)(g) and (h) and (5), the references to dwellings do not include references to purpose-built student accommodation.”.

(3) In regulation 14ZA (building safety levy information) (as inserted by regulation 27 of the 2025 Regulations), after paragraph (4) insert— “(5) In paragraph (1)(e), the reference to dwellings does not include a reference to purpose-built student accommodation.”.

(4) In regulation 16 (notices in relation to building work)—

(a) in paragraph (3CA) (as inserted by regulation 28 of the 2025 Regulations)—

(i)in sub-paragraph (a), in the words before paragraph (i), after “are met” insert “, but subject to sub-paragraph (c)”;

(ii)in sub-paragraph (b)—

(aa)in the words before paragraph (i), after “are not met” insert “, but subject to sub-paragraph (c)”;

(bb)omit the “or” after paragraph (iii);

(iii)in sub-paragraph (c)—

(aa)for “if a statement and any evidence under sub-paragraph (a) or (b)” substitute “if a statement or evidence required under sub-paragraph (a) or

(b)”;

(bb)after “to that effect” insert “instead of the statement or evidence”;

(b) after paragraph (10) (as inserted by regulation 28 of the 2025 Regulations) insert— “(11) In paragraph (3CA), the references to dwellings do not include references to purpose-built student accommodation.”.

Amendment of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023

10.—(1) The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023(7) are amended as follows.

(2) In regulation 2 (interpretation) after paragraph (2) insert— “(3) In the provisions referred to in paragraph (4), references to a dwelling do not include references to purpose-built student accommodation.

(4) The provisions are—

(a) regulation 4(1)(f),

(b) regulation 9(3A),

(c) regulation 12(1)(f),

(d) regulation 17(3A),

(e) regulation 17A, and

(f) regulation 21(2)(g) and (3).”.

(3) In regulation 9(3A) (notice before starting on site and further notice when work is “commenced”) (as inserted by regulation 30 of the 2025 Regulations)—

(a) in sub-paragraph (a)—

(i)in the words before paragraph (i), after “are met” insert “, but subject to sub- paragraph (c)”;

(7) S.I. 2023/909, amended by S.I. 2025/1236; there is another amending instrument but it is not relevant to these Regulations.

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(ii)after “the building control approval application for HRB work”, in both places it occurs, insert “or the building control approval application for a stage of HRB work”;

(b) in sub-paragraph (b)—

(i)in the words before paragraph (i), after “are not met” insert “, but subject to sub- paragraph (c)”;

(ii)omit the “or” after paragraph (ii);

(c) for sub-paragraph (c) substitute— “(c) if a statement required 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 or the building control approval application for a stage of HRB work relates, include a statement to that effect instead of the statement.”.

(4) In regulation 17(3A) (notice before starting on site and further notice when work is “commenced”) (as inserted by regulation 30 of the 2025 Regulations)—

(a) in sub-paragraph (a), in the words before paragraph (i), after “are met” insert “, but subject to sub-paragraph (c)”;

(b) in sub-paragraph (b)—

(i)in the words before paragraph (i), after “are not met” insert “, but subject to sub- paragraph (c)”;

(ii)omit paragraph (iii) and the “or” after it;

(c) in sub-paragraph (c)—

(i)after “a statement”, in the first place it occurs, insert “required”;

(ii)after “to that effect” insert “instead of the statement”.

(5) In regulation 21(2)(g)(iii) (change control applications) (as inserted by regulation 45 of the 2025 Regulations), for “paragraph (4).” substitute “paragraph (4),”.

Amendment of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024

11.—(1) The Building (Registered Building Control Approvers etc.) (England) Regulations 2024(8) are amended as follows.

(2) In regulation 2 (interpretation) after paragraph (5) insert— “(6) In the provisions referred to in paragraph (7), references to a dwelling do not include references to purpose-built student accommodation.

(7) The provisions are—

(a) regulation 15(2A),

(b) paragraph 5(f) of, and the Annex to, Form 1 in Schedule 1,

(c) paragraph 4(h) of, and the Annex to, Form 2 in Schedule 1,

(d) paragraph 5(f) of, and the Annex to, Form 4 in Schedule 1, and

(e) paragraph 6(h) of Schedule 2.”.

(3) In regulation 15(2A) (notice before starting work and further notice when work is “commenced” etc.) (as inserted by regulation 29 of the 2025 Regulations)—

(a) in sub-paragraph (a), in the words before paragraph (i), after “are met” insert “, but subject to sub-paragraph (c)”;

(8) S.I. 2024/110, amended by S.I. 2025/1236; there are other amending instruments but none is relevant.

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(b) in sub-paragraph (b)—

(i)in the words before paragraph (i), after “are not met” insert “, but subject to sub- paragraph (c)”;

(ii)omit the “or” after paragraph (iii);

(c) in sub-paragraph (c)—

(i)for “if a statement and any evidence under sub-paragraph (a) or (b)” substitute “if a statement or evidence required under sub-paragraph (a) or (b)”;

(ii)after “to that effect” insert “instead of the statement or evidence”.

(4) In Schedule 1 (forms), for Form 2 (as substituted by regulation 44 of the 2025 Regulations) substitute the form in the Schedule to these Regulations.

(5) In Schedule 2 (grounds for rejecting an initial notice, an amendment notice or a plans certificate combined with an initial notice), in paragraph 6(h) (as inserted by regulation 29 of the 2025 Regulations)—

(a) in paragraph (i) for “listed in”, in each place it occurs, substitute “required in accordance with”;

(b) in paragraph (ii) for “as to the matters described in” substitute “required in accordance with”.

Signed by authority of the Secretary of State for Housing, Communities and Local Government Blake Parliamentary Under-Secretary of State Ministry of Housing, Communities and Local 12th September 2026 Government 8Document Generated: 2026-09-18

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Schedule Regulation 11(4) The Building (Registered Building Control Approvers etc.) (England) Regulations 2024: Substituted Form 2 9Document Generated: 2026-09-18

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EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Building Safety Levy (England) Regulations 2025 (S.I. 2025/1236) (“the 2025 Regulations”), the Building Regulations 2010 (S.I. 2010/2214) (“the 2010 Regulations”), the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909) (“the HRB Regulations”) and the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110) (“the RBCA Regulations”). The 2025 Regulations make provision for the imposition of a Building Safety Levy (“the levy”) by reference to building control applications and amend the 2010 Regulations, the HRB Regulations and the RBCA Regulations to require that information related to the levy is to be included in certain applications and notices made to the local authority, to the registered building control approver or to the building safety regulator.

Part 2 (regulations 3 to 8) amends the 2025 Regulations.

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Regulation 3 amends regulation 21 to exclude wholly underground buildings and unlawful developments from the scope of “previously developed” land as well as to exclude underground parts of buildings from calculations of whether 75% of land is previously developed. Regulation 3 also amends the definition of “building” in regulation 21 to make clear that permanent buildings and any other permanent man-made structures or erections, including areas surfaced with man-made materials and plant and machinery, are in scope of “previously developed” land.

Regulation 4 amends regulation 38 to make correcting amendments, including adding a missing cross-reference to regulation 21(2)(g)(ii) and (iii).

Regulation 5 amends regulations 46 and 49 to set an earlier deadline by which a collecting authority must notify the person who is liable to pay the levy if information relating to their building control application is selected for a levy information spot check and to make clear the period during which the collecting authority must carry out the spot check.

Regulation 6 amends regulation 52 to align the content requirements of a levy update notice with those of a building control application. Regulation 6 also amends a couple of references in regulation 52 to “the BSL Regulations” so that they correctly refer to “these Regulations” and amends regulation 53 to make clear that a levy update notice can concern an application in respect of which a notice of no charge has been issued.

Regulation 7 amends regulations 54, 67, 72 and 73 to make clear what constitutes a revised levy determination notice for the purposes of regulation 54 and to provide for the cancellation of a levy liability notice or levy payment certificate (as the case may be) in circumstances specified in those regulations.

Regulation 8 makes a minor correcting amendment to the name of the local authority area of St Helens.

Part 3 amends the 2010 Regulations, the HRB Regulations and the RBCA Regulations to make correcting amendments, including making clear that references to “dwelling” for levy purposes do not include purpose-built student accommodation and making clear that levy information is required in relation to building control approval applications for a stage of HRB work. The substituted Form 2 set out in the Schedule incorporates some minor corrections to paragraphs 1(b) and 3(d) of the Annex to the form as well as Note 4 to the form.

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

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