Building Safety Levy 2026: What Developers Need to Know
The Building Safety Levy comes into force in England on 1 October 2026. If you are developing new residential accommodation, the Levy could affect your Building Control process, development costs and completion strategy.
Request a Building Safety Levy Project ReviewWhat Is the Building Safety Levy?
The Building Safety Levy is a charge on certain new residential developments in England. It forms part of the government's approach to raising funding towards the remediation of historic building safety defects.
For developers, the important point is that the Levy becomes integrated into the Building Control process. A project may need to establish whether a charge is due, provide the required information and resolve its Levy position at the relevant stages of construction and completion.
Does the Building Safety Levy Apply to My Development?
A number of conditions determine whether a development is chargeable. One of the key tests is whether the works constitute, or form part of, a major residential development.
New Dwellings
A development providing 10 or more new dwellings meets the major residential development threshold.
PBSA Bedspaces
Purpose-built student accommodation providing 30 or more new bedspaces meets the corresponding threshold.
Check the Planning Permission
The wider planning permission or planning application can be relevant when determining whether the works form part of a major residential development.
Check the Building Control Works
The specific works, residential floorspace, proposed accommodation and Building Control application also need to be reviewed.
Check for Exemptions
Some accommodation or development types may benefit from exemptions or exclusions under the regulations and should be considered separately.
Does the Building Safety Levy Apply Below 10 Dwellings?
A standalone development of fewer than 10 new dwellings will not normally meet the major residential development threshold on that basis alone.
However, developers need to be careful where a Building Control application contains fewer than 10 dwellings but forms part of a larger planning permission.
How Is the Building Safety Levy Calculated?
Levy rates vary between local authority areas and are charged on the relevant chargeable residential floorspace. The applicable rate may also depend on whether the site qualifies as previously developed land.
Can Brownfield Development Receive a Reduced Levy Rate?
Potentially, yes. Development on a qualifying previously developed site can be charged using a discounted Building Safety Levy rate. However, simply describing a site as "brownfield" is not enough.
The 75% Redline Test
To qualify for the discounted previously developed land rate, at least 75% of the land inside the relevant planning permission redline must meet the Building Safety Levy definition of previously developed land.
This means the assessment generally concerns the wider planning site rather than simply the precise footprint of the building included in one Building Control application.
Developers should therefore retain suitable evidence where they intend to rely on previously developed land status.
What Happens to Building Control Applications Submitted Before 1 October 2026?
Under the published implementation arrangements, applications submitted before 1 October 2026 fall outside the Levy.
This makes the Building Control programme particularly important for developments approaching the implementation date.
Where Does the Levy Fit Into the Building Control Process?
The exact process depends on the project and Building Control route, but developers should expect the Levy position to be considered at key stages from application through to completion.
1. Building Control Application or Initial Notice
Relevant information about the development and its potential Building Safety Levy status needs to be considered as part of the application process.
2. Levy Information & Assessment
Information such as dwelling numbers, PBSA bedspaces, planning status, chargeable floorspace and applicable exemptions may need to be established.
3. Commencement & Project Updates
Changes to the development may affect previously supplied information. Appropriate notices and updated information should be dealt with as the project progresses.
4. Completion
The payment or confirmed no-charge position must ultimately be resolved before the relevant completion or final certification process can be concluded.
Does the Building Safety Levy Apply to Conversions?
The answer depends on the nature of the works and whether they result in the creation of new residential floorspace that meets the relevant Levy charging conditions.
A project should not be assumed to be chargeable simply because it involves 10 or more existing dwellings, nor should every conversion automatically be assumed exempt. The existing use, proposed works, new residential floorspace, planning permission and Building Control application all need to be considered.
What Information Should I Send One Stop Consult?
If you would like us to review the likely Building Safety Levy position alongside your Building Control requirements, the following information is useful.
- Site address
- Planning application or permission reference
- Total number of proposed dwellings
- PBSA bedspace numbers where applicable
- Site and floor plans
- Planning redline boundary
- Building Control application status
- Proposed Building Control route
- Development programme
- Land and previous-use information
- Proposed tenure and accommodation type
Why Review It Early?
A Levy issue identified late in the project can affect cost, information requirements and completion. Early review allows the Building Safety Levy position to be considered alongside the project's Building Control strategy and programme.
One Stop Consult can also coordinate the wider technical services required for the development through one point of contact.
Send Us Your Project →Building Safety Levy FAQs
When does the Building Safety Levy start?
The Building Safety Levy comes into force in England on 1 October 2026.
Does the Levy apply to developments of fewer than 10 homes?
Developments of fewer than 10 new dwellings do not meet the major residential development threshold on that basis alone. However, a smaller Building Control application can still form part of a larger planning permission involving 10 or more new dwellings, so the wider development must be checked.
Can I split a development into smaller Building Control applications?
Splitting a qualifying development into Building Control submissions containing fewer than 10 dwellings or 30 PBSA bedspaces does not automatically avoid the Levy. The wider planning permission or application is relevant.
Is there one Building Safety Levy rate for England?
No. Levy rates are set on a local-authority basis and are charged per square metre of chargeable floorspace.
Is the Building Safety Levy cheaper on brownfield land?
A qualifying previously developed site can use a Levy rate that is 50% of the standard rate for the relevant local authority. The site must satisfy the detailed definition, including the applicable 75% redline test.
Does the Levy apply to student accommodation?
Purpose-built student accommodation can fall within scope. The major-development threshold for PBSA is 30 or more new bedspaces, subject to the other Levy charging conditions and exemptions.
Does the Building Safety Levy apply to conversions?
It depends on the works and whether they create new residential floorspace meeting the Levy charging conditions. Conversion and change-of-use projects should therefore be assessed individually.
What if I submit my Building Control application before 1 October 2026?
Under the published implementation arrangements, applications submitted before 1 October 2026 are outside the Levy. Care is required where an application is later rejected and has to be resubmitted.
Does paying the Building Safety Levy replace Building Control fees?
No. The Building Safety Levy is separate from the fees associated with obtaining Building Control approval and inspection services.
Can One Stop Consult calculate whether my project is affected?
We can review the information available for your development, identify the relevant Building Safety Levy considerations and coordinate this alongside the project's Building Control and technical requirements.
Related Developer Guidance
Could the Building Safety Levy Affect Your Development?
Send us your planning reference, proposed unit schedule, Building Control status and development programme. We can review the project information and help coordinate the Building Control and technical services required to keep the development moving.