The Building Safety Levy is a charge introduced under the Building Safety Act 2022 and implemented through the Building Safety Levy (England) Regulations 2025 to help fund the remediation of historical building safety defects in residential buildings, including unsafe cladding.
The levy is a charge that developers must pay on certain building control applications / notices before completion of the building work or occupation of the building (whichever is earlier). The levy will be charged on certain applications for works that result in new dwellings and/or new bedspaces in purpose-built student accommodation (PBSA) and change of use to residential purposes.
Local authorities are responsible for administering and collecting the levy before transferring the proceeds to central government.
When does the levy apply?
The Building Safety Levy applies to building control applications for building control approval submitted on or after 1 October 2026.
The levy does not apply to existing applications for dwellings or PBSA that were submitted before 1 October 2026. If such existing applications are varied after 1 October 2026 (for example via a further full plans application for the same works, amendment notice or change control application) the levy does not apply to such applications. If an application submitted before 1 October 2026 is rejected for failing to meet the required standards and is resubmitted on or after that date, it will be liable for the levy.
Which developments are liable to pay?
Applications for building control approval for works that relate to the provision of at least one dwelling or at least one PBSA bedspace must include Building Safety Levy information, even where the development may ultimately qualify for an exemption (such as social housing or supported housing). Applications or notices that do not include the required information will be rejected. Where an exemption is claimed, the relevant evidence must be submitted before or at commencement, as required by the Regulations.
The levy is chargeable on major residential developments, including:
- developments creating 10 or more dwellings;
- developments creating 30 or more bedspaces in purpose-built student accommodation (PBSA); and
- mixed-use developments that include qualifying residential floorspace.
Developments creating fewer than 10 dwellings or fewer than 30 PBSA bedspaces, as well as developments that are exempt from the levy, are not chargeable. However, these applications must still include the required levy information. Following assessment, the collecting authority will issue a Notice of No Charge.
How is the levy calculated?
The levy is charged on the amount of chargeable residential floorspace within a development.
The amount payable depends on:
- the total chargeable residential floorspace (measured in square metres);
- the levy rate applicable to the local authority area; and
- whether the development is on previously developed (brownfield) land, which benefits from a reduced levy rate.
Following receipt of a valid commencement notice, the collecting authority will calculate the levy and issue a Building Safety Levy Liability Notice confirming the amount payable.
A levy liability notice is issued when developers submit a commencement notice for:
- an application for Building Control approval with full plans to a Building Control Authority or Building Safety Regulator (BSR) or
- an initial notice via a Registered Building Control Approver (RBCA).
Building Control Applications should be submitted via the link; Make a building regulations application – Southend-on-Sea City Council
Building Safety Levy rates
Levy rates are set by the Government. Rates vary by local authority and whether the development is on previously developed land.
The levy rates per square metre for each local authority area are laid out in Schedule 3 (see chapter 5).
Exemptions
The following developments are exempt:
- affordable housing and supported housing
- care homes, hospices, hotels, hostels, hospitals, school accommodation, almshouses and temporary accommodation for homeless people.
- housing built by an exempt person (defined in regulation 13), as a non-profit registered provider of social housing or a company that is a wholly-owned subsidiary of a non-profit registered provider of social housing.
Payment and enforcement
The levy must be paid to the collecting authority before the earlier of occupation or completion of the development.
Where the levy remains unpaid, the Building Control Authority may withhold a completion certificate or reject a final certificate until payment has been made.
Disputes and appeals
If a developer disagrees with the levy amount, the refund amount or a decision not to issue a refund, they can request a review.
They must do this within 28 days of receiving the levy notice. If the matter is not resolved after the review, the developer may appeal to the First-tier Tribunal.
Key changes for Building Control
- Levy information must be included in building control applications.
- Payment must be made before occupation or completion.
- Failure to pay will result in withholding of completion certificates.
Contact us
For general Building Safety Levy enquiries, please email:
BSLAdministration@southend.gov.uk
Building Control applications should be submitted via the link below:
Make a building regulations application – Southend-on-Sea City Council
Further information
Further guidance is available from the Government, including: