The Building Safety Levy came into force in England on 1 October 2026, introducing a new charge on certain residential developments to help fund building safety remediation work.
The levy is an important change for the construction industry, affecting eligible residential developments and introducing additional responsibilities for developers, clients, Local Authorities and Registered Building Control Approvers (RBCAs).
Here's what you need to know.
What is the Building Safety Levy?
The Building Safety Levy is a charge payable by developers on certain new residential developments in England.
The Government has introduced the levy to help fund the remediation of building safety defects, including issues associated with unsafe cladding.
It applies to qualifying developments that create new residential dwellings and/or bedspaces in purpose-built student accommodation (PBSA), subject to the relevant charging conditions and exemptions.
The levy applies in England only.
When did the Building Safety Levy come into force?
The Building Safety Levy came into force on 1 October 2026.
The regulations generally apply to building control applications made on or after this date. Applications made before 1 October 2026 are generally outside the levy arrangements, although there are specific rules for applications that are rejected and subsequently resubmitted.
It is therefore important for developers and project teams to understand the date their building control application was submitted and whether any transitional provisions apply.
Which developments may be affected?
The levy may apply to developments involving:
The construction of new residential dwellings.
Extensions or other building work that create additional residential floorspace.
Changes of use that create new residential accommodation.
Purpose-built student accommodation, where new bedspaces are provided.
Not every residential development will attract a charge. The regulations include exemptions and specific conditions that determine whether the levy is payable.
The amount payable is calculated using the relevant local authority's levy rate and the applicable chargeable floorspace, subject to the rules in the legislation.
What does this mean for Registered Building Control Approvers?
The introduction of the levy also brings new responsibilities into the Building Control process.
Where an RBCA submits an Initial Notice relating to the provision of dwellings or PBSA bedspaces, the notice must include the required levy information.
Where someone other than the client submits the Initial Notice, the client must provide a signed statement confirming that the information supplied is accurate.
Further information and supporting evidence are also required when the first Commencement Notice is submitted.
The client is responsible for sending a copy of the Commencement Notice and accompanying levy information to the relevant collecting authority within two working days.
Local Authorities are responsible for administering and collecting the levy, including where an RBCA is providing the Building Control service.
What should developers and clients do?
Developers and clients should consider the levy at an early stage of their project and establish whether their proposed development is likely to fall within the charging requirements.
In particular, they should:
Check whether the development meets the levy charging conditions.
Establish whether any exemptions apply.
Confirm the applicable levy rate for the Local Authority area.
Provide accurate levy information and supporting evidence when required.
Allow for the levy within project costs and financial planning.
The levy must be paid in full, where applicable, before the relevant Final Certificate can be accepted by the Local Authority.
How can Delta Building Control help?
At Delta Building Control, we recognise the importance of keeping up to date with changes to Building Regulations and the wider regulatory framework.
As a Registered Building Control Approver, we are aware of the additional information and procedural requirements introduced by the Building Safety Levy and the importance of working with clients to ensure the relevant information is provided throughout the Building Control process.
For further information, developers and construction professionals should refer to the Government's official Building Safety Levy guidance.
Further guidance: Building Safety Levy - GOV.UK
This article provides general information about the Building Safety Levy in England as of November 2026. It is not a substitute for reviewing the legislation and official guidance applicable to an individual development.
