Planning and building

Building Control

Building Safety Levy

The Building Safety Levy (BSL) is a new charge introduced by the Government under the Building Safety Act 2022, with detailed provisions set out in the Building Safety Levy (England) Regulations 2025.

It came into force on 1 October 2026 and represents a significant addition to the Building Control and development landscape in England.

The Levy has been established to fund the remediation of historic building safety defects, particularly those identified following the Grenfell Tower tragedy. Its core objective is to shift the financial burden away from leaseholders and taxpayers and onto the residential development sector.

The Government expects the Levy to raise approximately £3 billion to £3.4 billion over a 10-year period, contributing to the wider national programme of building safety remediation.

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Developments the Building Safety Levy applies to

The Building Safety Levy applies to most new residential developments, including:

  • new build housing
  • purpose-built student accommodation (PBSA)
  • residential conversions and change-of-use schemes
  • extensions creating additional dwellings

However, it applies only where development meets the definition of a ‘major residential development’, namely:

  • 10 or more dwellings; or
  • 30 or more purpose-built student accommodation (PBSA) bedspaces.

The Levy is triggered at the Building Control stage, meaning it is linked to applications for Building Control approval rather than planning permission.

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Calculation of the Levy

The Levy is calculated on a per square metre basis, using the gross internal area (GIA) of new residential floorspace, including communal areas.

  • Each local authority area has a set rate (£/m²) determined by Government.
  • Rates vary geographically, reflecting local house prices.
  • Brownfield (previously developed) land typically attracts a 50% discounted rate.

This creates a fixed, non-negotiable cost for developers, separate from other planning obligations such as CIL and Section 106.

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Exemptions

A number of development types are exempt, including:

  • affordable and social housing
  • care homes and supported accommodation
  • school accommodation
  • temporary accommodation, for example, for homelessness
  • certain community and institutional uses

These exemptions are intended to avoid impacting socially beneficial or publicly funded developments.

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Collection and enforcement

The Levy will be administered and collected by local authorities as part of the Building Control process.

Key points:

  • A Levy Liability Notice is issued following a Building Control application.
  • Payment must be made before completion or occupation of the building.
  • Completion certificates can be withheld if the Levy is unpaid.
  • Authorities may impose penalties or pursue recovery for non-payment.

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Implications for Building Control

For Building Control bodies, the Levy introduces new administrative responsibilities, including:

  • collecting and verifying levy information
  • calculating liability based on submitted data
  • coordinating with developers and clients
  • supporting enforcement through the certification process

It also strengthens the role of Building Control as a key gateway for compliance and financial assurance within the new building safety regime.

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Key impacts

The Building Safety Levy will:

  • increase development costs and influence scheme viability
  • require earlier financial planning by developers
  • add administrative demands to local authorities
  • support long-term improvements in building safety across England

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Scope in the City of York

The Levy applies to major residential developments, defined as:

  • 10 or more dwellings; or
  • 30 or more PBSA bedspaces.

It captures:

  • new residential developments
  • conversions and change of use
  • extensions creating additional dwellings

The charging point is the Building Control application stage, not planning permission.

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City of York Levy rate

Under the Government’s published Schedule 3 rates, City of York Council falls within a ‘mid-high value’ housing area.

  • Standard rate (greenfield or non-previously developed land): approximately £37 per m²
  • Discounted rate (brownfield or previously developed land): approximately £18.50 per m² (50% reduction)

Rates are set nationally but vary by local authority to reflect house prices, and are fixed per m² of gross internal area (GIA).

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How the Levy is calculated

The Levy is calculated as:

Levy = chargeable residential floorspace (m²) × local authority rate (£/m²)

  • It applies to gross internal area, including communal areas used by residents.
  • It covers net additional floorspace created by the development.

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Worked example for York

A scheme of 50 dwellings with a total GIA of 4,000m²:

Greenfield site

4,000m² × £37/m² = approximately £148,000 Levy

Brownfield site

4,000m² × £18.50/m² = approximately £74,000 Levy

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Exemptions in York

The Levy does not apply to certain developments, including:

  • affordable or social housing
  • care homes and supported accommodation
  • school accommodation
  • temporary accommodation, for example, homelessness provision

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Collection and enforcement in York

City of York Council, as the collecting authority, will:

  • issue a Levy Liability Notice following Building Control submission
  • require payment before final certification or occupation
  • withhold Completion Certificates if unpaid
  • pursue enforcement action where necessary

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Implications for City of York Building Control

The Levy introduces additional responsibilities:

  • verifying submitted floorspace and exemption data
  • calculating and issuing levy liabilities
  • coordinating with developers and Registered Building Control Approvers
  • integrating Levy checks into completion and certification processes

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Building Control

West Offices, Station Rise, York, YO1 6GA

Telephone: 01904 551333