Building Safety Levy to come into effect in October 2026

Developers submitting certain residential building control applications will need to consider the new Building Safety Levy from 1 October 2026.

The Building Safety Levy (England) Regulations 2025 were made on 19 November 2025. The levy will help fund the remediation of building safety defects across England.

Which developments will be affected?

The levy will apply to relevant building control applications and initial notices submitted on or after 1 October 2026 where the work creates:

at least 10 new dwellings; or
at least 30 new bedspaces in purpose-built student accommodation.

Mixed-use developments and conversions may also be liable where they create sufficient new residential accommodation. The levy will not normally affect applications submitted before 1 October 2026, even if the developer varies them after that date. However, an application rejected and resubmitted on or after 1 October 2026 may become liable.

Applications will need to include the required levy information. We may reject an application if this information is missing and must reject an incomplete initial notice.

How will the levy be calculated?

We will calculate the levy based on the amount of chargeable residential floorspace, measured in square metres.

Rates vary according to the local authority area in which the development is located. Developments on qualifying previously developed land will receive a 50% discount on the levy rate. To qualify, at least 75% of the land within the relevant planning permission boundary must generally meet the levy definition of previously developed land.

As Hertfordshire Building Control operates across several council areas, the applicable rate will depend on the district or borough in which the development is situated.

View the official levy rates and calculation guidance.

Exempt developments

Exemptions include:

affordable and supported housing;
housing developed by non-profit registered providers and their wholly owned subsidiaries;
care homes and hospices;
hospitals and certain NHS accommodation;
hotels and hostels;
school accommodation;
almshouses; and
certain temporary accommodation for homeless people.

Developments should check the regulations and government guidance carefully before assuming that an exemption applies.

Payment and completion certificates

Hertfordshire Building Control will act as the Building Safety Levy collecting authority for developments within the local authority areas we serve (Welwyn Hatfield, Dacorum, Stevenage, North Herts, East Herts, Broxbourne, Hertsmere, Three Rivers) including where building control services are being provided by a Registered Building Control Approver or the Building Safety Regulator.

We will calculate the levy charge once the required information and supporting evidence have been provided at commencement stage.

Developers must pay the levy before the earlier of:

occupation of the development; or
completion of the building work.

If the developer does not pay the levy, we reserve the right to withhold the completion certificate or reject the final certificate

Reviews and appeals

A developer may request a review where they disagree with a levy charge, refund amount or decision not to issue a refund.

The developer must normally request a review from the collecting authority (Hertfordshire Building Control) within 28 days. If the review does not resolve the dispute, the developer may then appeal to the First-tier Tribunal..

Further information

Read the official government publications: