Building Safety Levy Regulations Published

The Draft Building Safety Levy (England) Regulations 2025 have now been published. Set to come into force on 1 October 2026, the draft regulations outline how the building safety levy is intended to operate. 

It will apply to ‘chargeable’  building control applications that would result in:

• A new building that includes ‘residential floorspace’;
• An existing building that will include ‘residential floorspace’, where it previously had none; or
• An existing building with an increased total area of ‘residential floorspace’

and are part of either a ‘major residential development’  or ‘part of a wider development which is major residential development’ - i.e., at least 10 dwellings or at least 30 bedspaces in purpose-built student accommodation. Therefore, it will be applicable regardless of whether the buildings are higher-risk.

‘Residential floorspace’  is defined as ‘ordinary residential dwellings’, purpose built student accommodation and communal space for residents. For the purposes of the regulations, ‘ordinary residential dwelling’  will not include social housing, supported housing or ‘exempt accommodation'  (such as supported accommodation for homeless people, care homes and hotels).

The building safety levy on a chargeable application will become due on the earlier of the completion notice date for the work or the first date of occupation and will be calculated by reference to the floor space of the development and the development's location.

The Government has also published accompanying building safety levy guidance setting out advice on matters such as rates, process maps and document pro formas.

For further information or advice regarding the building safety levy, please contact our Construction team.