New residential developments ensuring adherence to the upcoming Building Safety Levy regulations.
The UK government is set to introduce a Building Safety Levy for new residential developments starting in Autumn 2026. This initiative aims to improve safety standards following past tragedies, including the Grenfell Tower fire. The levy will affect major residential developments comprising at least 10 dwellings or 30 bedspaces for student accommodation. While the initiative aims to raise funds for building safety remediation, it may pose challenges for small and medium-sized developers who could struggle with the additional financial burden.
England is gearing up to implement a Building Safety Levy aimed at enhancing construction safety standards for new residential properties. The draft Building Safety Levy (England) Regulations 2025 have been submitted to Parliament, and if approved, the levy will affect new “major residential developments” beginning in Autumn 2026. This initiative is a direct response to safety concerns following the tragic Grenfell Tower fire, bringing significant implications for developers and future housing supply.
The levy will apply to any new residential project that includes at least 10 new dwellings or 30 new bedspaces for purpose-built student accommodation. It is designed to generate funds that can be used to fix unsafe buildings across the country. Exemptions will be in place for specific types of developments including affordable housing, care homes, hotels, hospitals, and various forms of supported housing.
The amount developers will need to pay as a levy will be based on the Gross Internal Area (GIA) of their projects. Rates will differ from one local authority to another, reflecting the average house prices in each region. Developers using brownfield sites—previously developed land—may benefit from a 50% reduction in levy rates, provided that at least 75% of the site qualifies as such.
While the aim of the levy is to protect and improve building safety, many developers are concerned that it could impede housing supply, especially for small and medium enterprises. The initial responses suggest that smaller developers may struggle to absorb the financial burden of the new charges, ultimately influencing project viability and delaying housing availability.
Developers will be required to submit specific information regarding their levy status during the building control application or initial notice phase. Local authorities will take charge of determining levy liabilities and collecting associated payments. It is crucial for developers to ensure accurate, detailed submissions, as errors could result in the rejection of their building control applications.
If a developer’s levy charge decreases after payment, they will be entitled to a refund, which will be processed within a two-week timeframe. However, the issuance of building control completion certificates will be contingent upon the full payment of the levy. Developers can challenge levy liability within 28 days of receiving a notice regarding their responsibility for payment.
The government aims to raise an estimated £3.4 billion over the next ten years through this levy. To ensure ongoing financial accountability, the levy rates will be reviewed every three years, and local authorities will be required to regularly report their revenue to the central government.
In addition to the measures being introduced in England, a similar building safety levy is set to launch in Scotland on 1 April 2027. This reflects a broader commitment across the UK to improve construction safety standards in response to past tragedies.
Developers are strongly encouraged to begin submitting their building control applications soon to avoid being caught by the upcoming levy charges. The deadline for applications is approaching, and acting sooner rather than later could lead to significant financial advantages before the new regulations take effect.
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