Building Safety Levy: What Developers Need to Know From 1 October 2026
15th September 2026 – by Geoff Wilkinson
From 1 October 2026, the Building Safety Levy will come into operation in England.
For developers, this is more than simply another potential cost to add to a development appraisal. The new Levy also introduces additional information requirements into the building control process, meaning that developers need to consider the Levy when preparing their building control submission. At Wilkinson Construction Consultants, we will be incorporating these requirements into our procedures for relevant projects from 1 October.
What is the Building Safety Levy?
The Building Safety Levy is a Government charge intended to contribute towards the cost of remediating building safety defects in England. It will apply to certain residential development where the relevant charging conditions are met. The amount payable is calculated using the applicable Levy rate and the chargeable residential floorspace. The rate can vary depending upon the local authority area and whether the development is on previously developed land.
The Levy is collected by the relevant local authority, rather than by the developer’s building control body and is separate from building control fees.
Does the Levy only affect developments of 10 or more homes?
No – and this is an important distinction.
The Government’s Levy charging rules use 10 or more new dwellings, or 30 or more new PBSA bedspaces, as the definition of a “major residential development” for the purpose of determining whether the Levy charging conditions may be met. However, the new building control information requirements are wider.
From 1 October 2026, where building control work relates to one or more new dwellings, the required Building Safety Levy information must be provided as part of the relevant building control process. This means that even a developer building just one new house will still need to provide Levy information even though the development is below the threshold at which a Levy charge would normally arise.
The same principle applies to PBSA: the information requirements are triggered by the provision of one or more new bedspaces, while the 30-bedspace threshold is relevant to whether the Levy charging conditions are met.
In simple terms:
- One or more new dwellings = Levy information needs to be considered.
- 10 or more dwellings = potentially chargeable, subject to the other Levy conditions and exemptions.
This distinction is important because the collecting authority needs the information in order to establish whether a Levy charge applies.
What happens with a small development?
Take a simple example.
A developer submits an Initial Notice for a new single dwelling after 1 October 2026 – the development is clearly below the 10-dwelling major residential development threshold. However, the Initial Notice will still need to contain the required Levy information.
At the commencement stage, further Levy information and supporting evidence will also still be required, so that collecting authority can then establish that the development does not meet the Levy charging conditions and issue a Notice of No Charge.
This is why it would be wrong to assume that “fewer than 10 homes” means “nothing to do with the Building Safety Levy” – the developer will not paid a Levy, but the information still needed to be provided.
What does this mean for building control?
For developers using a Registered Building Control Approver such as WCCL, the Levy creates additional information requirements at various stages of the building control process. For a relevant project, the information starts with the Initial Notice. The first commencement notice (Form 3) then requires more detailed Levy information and supporting evidence – it is vital that this is submitted at the right time, as it is frequently forgotten.
Planning a project before 1 October? Our deadline is 21 September 2026
If you have a project that you want WCCL to take forward before the Building Safety Levy comes into operation on 1 October 2026, please be aware that our latest recommended date for new instructions is 21 September 2026.
This deadline is necessary to allow sufficient time for us to receive the information required to prepare and submit the Initial Notice. Simply appointing WCCL before 1 October is not enough. We need the necessary project information in good time to complete the statutory Initial Notice process.
To enable us to issue the Initial Notice, we will need you to complete Form 1 and in particular provide
- Description of the proposed works
- Completed Part R form
- Proposed date of commencement
- Names of the relevant dutyholders, including the Client, Principal Designer and Principal Contractor
- A site location plan
If you are working towards the 1 October deadline, we therefore recommend getting in touch with us as early as possible rather than leaving the appointment and Initial Notice until the final few days of September.
Who actually collects the Levy?
The Levy is collected by the relevant local authority acting as the collecting authority, the Levy is not a charge made by WCCL.
Our role as a Registered Building Control Approver is to make sure the necessary information is incorporated into the building control process and that the Levy position is properly recorded. We do not set the Levy rate, determine the final amount payable or collect the money on behalf of the local authority.
What happens if the project is liable?
Once the collecting authority has issued a Levy Liability Notice, the developer can pay the Levy in accordance with the arrangements set by that authority. The Levy must be paid in full before the local authority can accept the final certificate for works covered by the Initial Notice. Once the full amount has been paid, the collecting authority will issue a Levy Payment Certificate.
What happens at completion?
There is also a new check at the end of the building control process. Before a request to issue a final certificate is accepted, the client must confirm either that:
- the Levy has been paid in full; or
- a valid Notice of No Charge has been issued.
This is known as the Levy liability statement. The Registered Building Control Approver must then include a statement in the Final Certificate confirming the client’s declaration. If the Levy has not been paid in full, the Final Certificate can be rejected.
What should developers do now?
If you have a new residential project approaching building control submission, we recommend considering the Building Safety Levy at an early stage.
In particular, establish:
- how many new dwellings are being created;
- whether the project forms part of a larger residential development;
- whether the development is on previously developed land;
- whether any exemption may apply;
- what planning permission or other planning information is relevant; and
- whether the required Levy information and supporting evidence are available.
For larger developments, the Levy should also be incorporated into the development appraisal and project cash-flow planning.
What are WCCL doing?
At Wilkinson Construction Consultants, we will incorporate the Building Safety Levy requirements into our building control procedures for relevant projects from 1 October 2026. This will mean an increase in fees, new charges and updated terms and conditions applicable to all projects after 1st October. This will apply even if we quoted the project before the deadline.
For relevant projects, we will check that the required information is included at the appropriate stages, retain the relevant Levy documentation on the project file and ensure that the Levy position is addressed before final certification. The Levy itself remains a matter between the developer and the relevant collecting authority.
The important change is that building control and Levy administration are now closely connected, meaning that getting the Levy information right at the beginning of a project will help avoid delays later.
The simple rule
The easiest way to remember the change is:
- One or more new dwellings? → Building Safety Levy information needs to be considered.
- 10 or more new dwellings? → The development may also be subject to a Levy charge, depending upon the other charging conditions and exemptions.
The same principle applies to PBSA, with one or more new bedspaces triggering the information requirements and 30 or more bedspaces being the relevant major residential development threshold.
With the Levy coming into operation on 1 October 2026, developers with projects being prepared around this date should make sure the issue is considered early rather than waiting until commencement or completion.
If you want WCCL to submit an Initial Notice before the Levy comes into operation, our latest date for accepting a new instruction for this purpose is 21 September 2026, so act now.
