Building Safety Levy: Does Your Project Qualify?

Does My Project Meet the Building Safety Levy Criteria?

The Building Safety Levy is a Government charge that applies to certain new residential developments in England from 1 October 2026.

The levy has been introduced to help fund the remediation of historical building safety defects and is payable on eligible residential developments unless an exemption applies. The levy may apply to developments that create new homes or purpose-built student accommodation (PBSA).

The Building Safety Levy is entirely separate from Building Control fees. It is a statutory Government charge administered through the building control process by the local authority acting as the levy collecting authority. Any levy liability is assessed and charged separately from the Building Control service you receive and is payable in addition to any Building Control fees.

When assessing levy liability, we are required to consider the overall development, not just the individual building control application being submitted. This means we will consider the total number of homes being created across a development, including any related phases, plots, or linked building control applications.

As part of our assessment, we review planning permissions, prior approvals and other relevant planning information to understand the scale and extent of the development, identify links between applications or phases, and determine whether the development is liable for the levy.

Southern Building Control Partnership administers the Building Safety Levy on behalf of Tandridge District Council, Mole Valley District Council and Reigate & Banstead Borough Council. This guidance explains the information we require, the key stages in the building control process where levy requirements apply, and how levy assessments, notices and payments are managed.

Important: Building Safety Levy rates vary between local authority areas. The rate that applies to your development depends on its location and whether the development is on previously developed (brownfield) or non-previously developed (greenfield) land. Please check the relevant levy rate(s) before submitting your application.

You should always refer to the official Government guidance for full details before making decisions about your project Building Safety Levy Guidance.

bslevy@southernbcp.co.uk

The Levy May Apply If Your Project Meets ALL of These Conditions
  • Forms part of a major residential development
    • 10 or more new dwellings, or
    • 30 or more new PBSA bedspaces
    • Includes developments delivered through multiple building control applications where the overall planning permission is for a major residential development.
  • Creates new residential floorspace
    • New homes (houses or flats)
    • Conversion of non-residential buildings to residential use
    • Additional residential floorspace through extensions or new storeys
    • New purpose-built student accommodation (PBSA)
  • The client is not exempt
    • For example, the client is not a registered provider of social housing or another exempt person under the Regulations.
  • The building control application is submitted on or after 1 October 2026

The Levy Does Not Apply If

  • The works do not form part of a major residential development, meaning they create:

    fewer than 10 new dwellings; and
    fewer than 30 new purpose-built student accommodation (PBSA) bedspaces.

  • The works do not create new residential floorspace, for example:

    a home extension;
    internal alterations; or
    other works that do not create a new dwelling or additional residential floorspace.

  • The building control application was submitted before 1 October 2026, including qualifying variations to those applications.

  • Exempt Projects

    The Building Safety Levy may not be payable where an exemption applies, for example where the client is an exempt person such as a Registered Provider of Social Housing.

    If you believe an exemption applies, you must still:

    provide Building Safety Levy information with your building control application;
    submit evidence supporting the exemption; and
    obtain confirmation from us that the exemption has been accepted.

    If the exemption is confirmed, we will issue a Notice of No Charge.

My Project is Exempt – What information do I Need to provide?

If your project falls within a recognised Building Safety Levy exemption category, you may still need to provide levy-related information and evidence so that we can assess and confirm the exemption. Even where an exemption may apply, we may need information about the wider development, including related planning permissions, phases and dwelling numbers, as the levy assessment must consider the overall development, not just the individual building control application.

An exemption from paying the levy does not necessarily mean that no action is required.

If you believe an exemption applies, please provide the relevant information and supporting evidence as part of your building control application. Providing this information at the outset will help us assess your application more quickly and reduce the need for follow-up queries.

We will review the information provided and determine whether the exemption criteria have been met. Where necessary, we may request additional information before reaching a decision.

You must notify us if any aspect of the development changes that could affect the exemption assessment or eligibility. This includes changes to the nature, scale, phasing or use of the development, or any other information that was relied upon in determining that an exemption applied.

If the exemption is accepted, we will issue a Notice of No Charge confirming that no levy is payable.

What Information Must Be Included with a Building Control Application?

Providing complete and accurate information at the correct stage will help us process your building control application and Building Safety Levy requirements efficiently, avoiding unnecessary delays as your project progresses.

Levy Information Required at Application Stage

At the point a Building Control application is submitted, only a limited amount of levy-related information is required. This information is used to identify whether the development may be subject to the Building Safety Levy and what further requirements may apply.

The following information should be provided for all applications that create new dwellings or Purpose-Built Student Accommodation (PBSA), as a building control application may form part of a wider development that meets the definition of a Major Residential Development, even where the application itself relates to only a small number of dwellings.

The information required is:

  • Number of dwellings being created
  • Number of bedspaces being created for Purpose-Built Student Accommodation only
  • Whether permitted development rights are being used
  • Whether the development is being carried out under a planning permission
  • Whether the development forms part of a Nationally Significant Infrastructure Project and is being constructed under a Development Consent Order
  • Whether the development is anticipated to be a Major Residential Development, meaning:

10 or more dwellings; or
30 or more PBSA bedspaces; or
Part of a wider development that is anticipated to meet either of the above thresholds and for which planning permission exists or is anticipated.

where a Registered Building Control Approver is appointed

Along with the Initial Notice, a signed Client Declaration must be provided. The declaration confirms that the Building Safety Levy information submitted is complete and accurate.

We will check that a signed declaration has been received together with all other Building Safety Levy information required at the application stage.

If the declaration or any required levy information is missing, this may result in:

  • The application being rejected because we cannot validate it
  • A request for the application to be resubmitted with the missing declaration and/or levy information
Commencement Stage – Levy Information Required

You must submit a valid Commencement Notice together with all required levy information so we can begin the assessment process and determine whether the levy applies.

If the Building Safety Levy may apply, please provide the following information:

Planning Information

  • Confirm whether planning permission is required for the development.
  • Provide the planning permission reference number(s) for the development.
  • Confirm whether any required prior approval has been obtained.
  • Tell us if any planning information previously provided has changed since your building control application was submitted.

If your development forms part of a larger scheme, phased development, or linked planning permissions, please provide details of the wider development.

Development Information

  • Total number of new homes being created.
  • The number of homes that you believe qualify for a levy exemption.
  • Whether the development is on previously developed land (brownfield land).
  • Whether the development is proceeding under permitted development rights.
  • Details of any purpose-built student accommodation included within the development.

Supporting Evidence

Supporting information and evidence will be required to enable us to assess your Building Safety Levy liability. This may include evidence to support any exemption being claimed, confirmation of previously developed land status, details of planning permissions, prior approvals or related planning decisions, and any other information needed to complete the levy assessment.

where a Registered Building Control Approver is appointed
  • Submit your commencement information, together with the required Building Safety Levy information and supporting evidence, to your Registered Building Control Approver
  • As the client, you must provide a copy of the commencement notice, levy information and supporting evidence to us as the levy collecting authority within 2 working days of submitting it to your Registered Building Control Approver.
  • The commencement information must cover all of the work included within the original Initial Notice, not just the part of the development that is commencing
Tell Us About Changes That Could Affect the Building Safety Levy

It is important that the Building Safety Levy information we hold remains accurate throughout your project. If your development changes in a way that could affect levy liability, eligibility for an exemption, or the amount of levy payable, you must tell us as soon as possible and provide any updated information or supporting evidence.

Changes that may affect the Building Safety Levy include:

  • the number of homes or student accommodation bedspaces being created
  • floor areas used to calculate the levy
  • the status of previously developed land
  • any exemption being claimed, including where a development that was expected to qualify for an exemption may no longer qualify, or vice versa
  • the client’s exemption status
  • information relating to linked planning permissions, the wider development, or any other matter that could affect how the levy is assessed or calculated.

If your development changes, please review our guidance on managing changes to your building control application. This will help you determine whether the proposed changes can be dealt with as an amendment to your existing application or whether a new application may be required.

Can I Amend My Current Application?
Before You Make Any Changes
When Are Amendments Suitable?
When Is a New Application Required?
How Do I Request an Amendment?

Keeping your levy information accurate and up to date helps us assess the levy correctly, avoid delays and unnecessary reassessments, and minimise the need to revise levy notices or invoices later in the process.

Changes before a Commencement Notice Has Been Submitted

If your proposals change after a Commencement Notice has been submitted, different arrangements apply because we may already have assessed the Building Safety Levy and issued notices or invoices based on the information previously provided.

What Do You Need To Do?

If the changes could affect levy liability, exemption eligibility, or the information submitted in support of your Commencement Notice, you must provide updated levy information together with any supporting evidence required to assess the revised proposals. This should include any information that has changed since the Commencement Notice was submitted and that may affect the levy assessment.

What Will We Do?

We will review the revised information and determine whether the changes affect the Building Safety Levy assessment.

Where necessary, we may:

  • reassess levy liability or exemption eligibility
  • recalculate the levy charge
  • carry out further verification checks
  • withdraw and reissue a Levy Liability Notice or Notice of No Charge
  • review any invoice already issued and make any adjustments required.

The outcome of the reassessment will be recorded and any future levy decisions will be based on the most up-to-date information available.

Changes After a Commencement Notice Has Been Submitted

If your proposals change after a Commencement Notice has been submitted, different arrangements apply because we may already have assessed the Building Safety Levy and issued notices or invoices based on the information previously provided.

Where changes may affect levy liability or eligibility for an exemption, you must provide updated levy information together with any supporting evidence needed to assess the revised proposals.

Changes that may affect levy liability or exemption eligibility include:

  • the number of dwellings being created
  • development phases
  • floor areas used to calculate the levy
  • previously developed land status
  • any exemption being claimed
  • information relating to linked planning permissions or the wider development

What Will We Do?

We will review the revised information and determine whether the changes affect the Building Safety Levy assessment.

Where necessary, we may:

  • reassess levy liability or exemption eligibility
  • recalculate the levy charge
  • carry out further verification checks
  • withdraw and reissue a Levy Liability Notice or Notice of No Charge
  • review any invoice already issued and make any adjustments required

The outcome of the reassessment will be recorded and the most up-to-date information will be used for future levy decisions.

Levy Rates

Authority Area Previously Developed Land area rate per (m²) Non-Previously Developed Land area rate per (m²)
Mole Valley £22.50 £44.99
Reigate & Banstead  £21.88 £43.76
Tandridge District Council £22.00 £44.00
Levy Assessment & Payment

Levy Assessment

Once we receive your Commencement Notice, we will:

  • Review the information provided to ensure it is accurate and complete.
  • Carry out any required verification or spot checks.
  • Assess whether the Building Safety Levy applies to your development and issue either:

a Levy Liability Notice, confirming the levy amount payable; or
a Notice of No Charge, confirming that no levy is payable.

  • Issue any levy invoice at the same time as the notice.

When is the Levy Payable?

Payment must be made before the development is completed or any part of it is occupied, whichever happens first.

The levy can be paid at any time after a Levy Liability Notice has been issued. However, the full levy amount must be paid before a completion certificate can be issued for any part of the development covered by the application.  We will provide details of how to pay the levy when we issues the invoice.

For developments with more than one new home, the levy becomes due in full when the first home is occupied or the completion date is reached, whichever happens first. For example, if a development includes 10 new houses, the full levy may become payable as soon as the first house is occupied, even if the remaining houses have not yet been completed.

Payment Verification

Once payment has been made, we will verify that the amount received matches the amount stated in the Levy Liability Notice and issue a Levy Payment Certificate as confirmation that the levy has been paid.

Completion and Certification

Before a Completion Certificate can be issued, any Building Safety Levy requirements must be resolved.

Where a levy is payable, you must ensure that:

  • Any Building Safety Levy due has been paid in full.
  • Any information requested to support a reassessment, exemption or refund claim has been provided.
  • Any outstanding levy matters have been resolved before certification is requested.

Once all Building Safety Levy requirements have been satisfied, we will confirm the final levy position so that completion certification can proceed, subject to any other required Building Control checks.

Providing any information requested during the levy process promptly will help avoid delays in the issue of your Completion Certificate.

Additional Requirements Where a Registered Building Control Approver (RBCA) Is Appointed

Where a levy is payable:

  • You must provide evidence of payment of the Building Safety Levy to your Registered Building Control Approver
  • You must provide your RBCA with the Levy Liability Statement confirming payment of the levy, or that a valid Notice of No Charge has been issued.

A Final Certificate cannot be issued until these requirements have been satisfied.

Projects that may qualify for an exemption
  • Certain social housing developments.
  • Supported housing.
  • Care homes and hospices.
  • Hospitals.
  • Hotels and hostels.
  • Accommodation for the armed forces.
  • Children’s homes and residential family centres.
  • Temporary accommodation for homeless people.
  • Other development types identified as exempt under the Building Safety Levy Regulations.

The Building Safety Levy is a Government charge that applies to certain new residential developments in England from 1 October 2026.

The levy has been introduced to help fund the remediation of historical building safety defects and is payable on eligible residential developments unless an exemption applies.