Building Safety Levy
What is the Building Safety Levy?
The levy is a charge that helps pay for fixing dangerous cladding and other building safety problems to protect leaseholders. Local councils will collect the money and then pass it on to central government
The charge was introduced under the Building Safety Act 2022 and the Building Safety Levy (England) Regulations 2025 were approved by Parliament and made on 19 November 2025.
When does the levy apply?
The levy applies to building control applications and notices submitted on or after 1 October 2026.
Applications made before this date are not subject to the levy, even if later varied.
A levy liability notice is issued when developers submit a commencement notice for:
- an application for Building Control approval with full plans to a local authority or Building Safety Regulator (BSR) or
- an initial notice via a Registered Building Control Approver (RBCA)
We will collect the levy for relevant buildings located within Lewisham borough, including where building control work is being carried out by a Registered Building Control Approver or the Building Safety Regulator.
The levy applies to major residential developments, defined as:
- creating 10 or more dwellings or
- creating 30 or more bedspaces in purpose-built student accommodation (PBSA)
- mixed-use schemes that include residential floorspace are also in scope
Exemptions
The following developments are exempt:
- affordable housing and supported housing
- housing built by non-profit registered providers (and their wholly-owned subsidiaries)
- care homes, hospices, hotels, hostels, hospitals, school accommodation, almshouses and temporary accommodation for homeless people
How is the levy calculated?
- charged per square metre of chargeable residential floorspace
- rates vary by local authority based on BSL rate and whether the site is on previously developed land (brownfield sites attract a 50% discount)
Lewisham BSL Rates
- previously developed land rate: £27.42 per sqm
- non-previously developed land levy rate: £54.84 per sqm
The government provides levy rates, calculation rules and methodology. To review these, please refer to the government guidance on the Levy Rates and Calculations.
Do I need to submit information even if I think the levy charging will not apply to the development?
Yes. Information needs to be provided to the Local Authority for all works which relate to the provision of one or more new dwellings or one or more new bedspaces of PBSA, even if they do not meet the levy charging conditions. The local authority will need to verify this.
Building Safety Levy forms
- Application/Information form (docx) - to be submitted with your building control application to the Local Authority or in addition to the Initial Notice (for works registered through a Registered Building Control Approver)
- Commencement form (docx) - to be submitted the Local Authority once the first plot on the development commences
Note: applications can be rejected if you do not provide information for the Building Safety Levy with your application.
- Detailed advice on submitting levy forms
Payment and enforcement
Payment must be made to the collecting authority before the earliest of occupation or completion of the development.
Failure to pay allows the building control authority to withhold the completion certificate or reject the final certificate.
Disputes and appeals
If a developer disagrees with the levy amount, the refund amount or a decision not to issue a refund, they can request a review.
They must do this within 28 days of receiving the levy notice. If the matter is not resolved after the review, the developer may appeal to the First-tier Tribunal.
Relationship with other payments
The Building Safety Levy is separate from:
- community Infrastructure Levy (CIL)
- Section 106 planning obligations
- Building Control and Planning application fees
A development may therefore be liable for the Building Safety Levy in addition to a CIL and/or S106 planning and also be required to pay Building Control and Planning Application fees.
Further information
The Council is currently preparing for the implementation of the Building Safety Levy.
For full guidance, legislation, calculation methodology and process maps, please refer to the information below.