Building Safety Levy

The Building Safety Levy (BSL) is a new statutory charge introduced under the Building Safety Act 2022 that applies to certain residential developments in England.

 The levy has been introduced by the Government as part of wider building safety reforms following the Grenfell Tower tragedy in 2017.

The levy is expected to raise approximately £3.4 billion to help fund the remediation of unsafe residential buildings and support wider improvements to building safety standards.

What is the Building Safety Levy?

The Building Safety Levy is designed to raise funding through a charge on certain new residential development. The funds generated will help support the remediation of historical life-safety and fire defects, such as dangerous cladding and reinforced autoclaved aerated concrete (RAAC), while ensuring that the costs of addressing these issues do not fall on leaseholders.

Local authorities are responsible for administering and collecting the levy from developers and transferring the funds to central government, where they are used to support the delivery of building safety remediation programmes.

The Building Safety Levy (England) Regulations 2025 and Building Safety Levy: Guidance provide the detailed framework for how the levy is calculated, collected and administered.

When does it apply?

The levy applies to relevant building control applications and notices submitted on or after 1 October 2026.

Applications submitted before this date are not subject to the levy, even where they are subsequently amended or varied.

A Levy Liability Notice will be issued by the council following the submission of a valid 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). 

Building Control Applications should be submitted to: building.control@ashford.gov.uk.

Who is affected?

The levy applies to major residential developments that:

• create 10 or more new dwellings or
• create 30 or more purpose-built student accommodation (PBSA) bedspaces; and
• mixed-use developments that include chargeable residential floorspace

The levy may apply to new residential developments, conversions, such as office to residential schemes; or extensions that create additional residential floorspace.

Exemptions

Certain types of development are exempt from the levy:

• 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.

The Building Safety Levy Process

Although linked to the planning application, the Building Safety Levy is administered through the building control process. The process is set out below: 

How is the levy calculated?

The Building Safety Levy is calculated using a rate per square metre of chargeable residential floorspace. The rate is set out by legislation and will vary between local authority areas. The rate cannot be altered by Ashford Borough Council.

For developments within Ashford Borough Council’s area, the following rates apply:

• £33.98 per m2 (full rate)
• £16.99 per m2 (discounted rate for previously developed land)

The discounted rate applies where at least 75% of the site qualifies as previously developed land under the Building Safety Levy Regulations. The assessment must follow the statutory definition and supporting Government guidance.

The council will issue a levy liability notice within 5 weeks of the necessary information being submitted to it.

What Information is required?

Depending on the type of development, developers may be required to provide the following information in relation to the Building Safety Levy at the Initial Notice and Commencement stages of the building control process.

The required Building Safety Levy information forms are available in Annex D of the Building Safety Levy: Guidance.

Developers will be required to provide the relevant Building Safety Levy information even where their development is exempt from the levy, enabling the local authority to verify eligibility for the exemption and determine whether any levy charge is payable.

Submit your Building Safety Levy Information Online

Where Building Safety Levy information is required to be submitted in support of an Initial Notice or a Full Plans application, applicants can submit the relevant forms and information directly to the council via our Exacom Portal. This provides a simple and secure method for submitting the information needed to assess Building Safety Levy requirements and helps ensure applications can be processed efficiently.

Payment and Enforcement

The Building Safety Levy must be paid to the collecting authority before the earlier of first occupation or completion of the development.

Failure to pay the levy may result in the council withholding the completion certificate or rejecting the final certificate.

Disputes and Appeals

Where a developer disagrees with the levy charge, or a decision relating to a refund, a review can be requested.

A review request must be submitted to the collecting authority no later than 28 days after the levy liability notice; or decision regarding refund, is given. The collecting authority will review the decision and confirm whether it should be upheld or amended within 28 days of receiving the review request.

If the matter remains unresolved after the review, the developer may appeal to the First-tier Tribunal.

Further Information

Although this levy only affects properties associated with major residential developments, all Initial Notice via Registered Building Control Approvers and Building Control approval with full plans applications for one or more residential dwelling or bedspace of PBSA must submit levy information.

If an amendment is being submitted for an Initial Notice or Full Plans application, the building safety levy will need to be notified directly, even if Ashford Borough Council is handling your application.

For full details and official guidance, please refer to the Building Safety Levy: Guidance.

For enquiries regarding the Building Safety Levy, please email bsl@ashford.gov.uk.