Building Safety Levy – Frequently Asked Questions
What is the Building Safety Levy?
The Building Safety Levy (BSL) is a new statutory charge for developers in England, effective from 1st October 2026, and applied to new major residential developments requiring building control approval. The levy will be used to create a fund for the remediation of unsafe buildings and to raise safety standards.
What is the scope of the levy?
The BSL will apply to building control applications made in England on or after 1st October 2026 and will apply to "major developments" of at least 10 new dwellings or 30 new student bedspaces, covering various projects from new homes, apartments, retirement housing and build to rent schemes.
Who is liable for payment of the levy?
When a developer submits a building control application or lodges an Initial Notice, the levy will be payable by the person identified as the client. In most cases this will be the developer of the project.
How are the charges calculated?
A per square metre charge will be applied, based on the Gross Internal Area (GIA) and local authority area.
Exemptions include affordable housing, supported housing, hospitals and care homes and developments with fewer than 10 units.
Developments which are constructed on previously developed land/brownfield sites will be charged at a discounted rate.
Who collects the levy?
The Local Authority acts as the “collecting authority” for the fee, regardless of whether a developer chooses a private Registered Building Control Approver (RBCA) or local authority inspector for their building control.
How will levy charges be paid?
If a levy charge is due, the levy liability notice will be provided to both the developer and the RBCA, making the RBCA officially aware of the charge. The levy can be paid at any time but must be paid before the final building control certificates can be issued.
Once full payment has been made, a levy payment certificate will be issued within 2 weeks - this is official confirmation that payment has been made and should be retained for client records and shared with building control approvers.
What is ICW’s role in the process as an RBCA?
If ICW Building Control is acting as the RBCA on a project, we will be notified that the levy is due and will require a copy of the levy payment certificate to confirm that the payment has been made before any final certificates can be issued.
What happens if the levy is not paid?
If the levy is not paid to the local authority, building control completion certificates cannot be issued. Even if an RBCA attempts to issue a final certificate, the local authority is legally required to reject that certificate.
What information do developers need to declare on building control applications from 1st October 2026?
Developers must declare the proposed floorspace and previously developed status when submitting initial building control or full plans applications.
If you would like to discuss the BSL in more detail, please contact your ICW Account Executive for more information.
Please note that this FAQ is for general information purposes only and does not constitute legal advice.
Version 1
1st June 2026
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