Closed consultation

Building Safety Levy: second consultation

Published 23 January 2024

Applies to England

Scope of the consultation

This consultation seeks views on the design and implementation of the Building Safety Levy (the levy). The levy will be paid by developers and charged on new residential buildings requiring building control approval in England, for the purpose of meeting building safety expenditure.

This consultation follows on from the Building Safety Levy consultation which ran from 22 November 2022 to 7 February 2023. The feedback from that consultation was analysed and a response published on 23 January 2024. That response outlined the government’s intentions that, subject to parliamentary agreement:

• local authorities will be designated as the collecting agent for the levy, and will retain a proportion of receipts to cover administration costs
• we intend to charge the levy on a square metre basis and a differential geographic levy rate will be applied based on local authority boundaries
• a 50% levy rate will be applied to developments built on previously developed land;
• local authorities will need to return revenue and management information to central government on a quarterly basis
• the levy will be reviewed every 3 years
• affordable housing, non-social homes built by a not-for profit registered provider, NHS hospitals and other NHS facilities, care homes, supported housing (save for private tenure supported housing), children’s homes, domestic abuse shelters, accommodation for armed services personnel, criminal justice accommodation, and developments of fewer than 10 units, will be excluded from the levy charge
• there will be a single levy charge, and the consequence for non-payment of the levy will be that the building control completion certificate cannot be issued by either the local authority or the Building Safety Regulator (BSR), or the final certificate cannot be accepted by the local authority.

Feedback was used to develop the proposals outlined in this consultation, which provides a greater level of detail on the operation of the levy.

Geographical scope:

These proposals relate to England only.

Basic information

Body/bodies responsible for the consultation:

Department for Levelling Up, Housing and Communities

Duration:

This consultation will last for 4 working weeks from 23 January 2024 to 20 February 2024.

Enquiries:

For any enquiries about the consultation please contact: buildingsafetylevy@levellingup.gov.uk

How to respond

You may respond by completing an online form. This is the preferred way to respond. Alternatively, you can email your response to the questions in this consultation to: buildingsafetylevy@levellingup.gov.uk

If you are responding in writing but not using the online survey, please make it clear which questions you are responding to. We would prefer that you either respond using the online form or via email but not by both.

When you reply, it would be very useful if you confirm whether you are replying as an individual or submitting an official response on behalf of an organisation and include:

your name
your position (if applicable)
the name of organisation (if applicable)
an address (including post-code)
an email address
a contact telephone number

Executive summary

This consultation covers the following areas:

• Chapter 1: Methodology for calculation of levy rates
• Chapter 2: Collection process
• Chapter 3: Disputes
• Chapter 4: Further exclusions
• Chapter 5: Public Sector Equality Duty

Set out below is a summary of the key proposals. Further details can be found in the relevant chapters. Where we refer to the ‘client’, we mean any named person or organisation for whom a construction project is carried out, including as part of their business. The client will be liable for the levy charge.

• Methodology for calculation of levy rates : - we intend to charge the levy on a per square metre basis (that is, based on the floorspace of the dwelling). In order for the Secretary of State to set levy rates for previously developed land and non-previously developed land for each local authority area, we propose using the methodology outlined below, in Chapter 1.  In order for the local authority to then determine the levy charge for an individual development, the per square metre rate for that local authority (either for previously developed land, or non-previously developed land) can be multiplied by the chargeable floorspace of that development. We propose that the chargeable floorspace be measured using Gross Internal Area. We will review levy rates as part of the three-yearly review.

• Collection process: - the client will pay the levy to the relevant local authority as designated levy collection agency. We propose that there be a single levy charge. The client will have some flexibility over when they wish to make payment:  they should pay ahead of completion of a development, although they may pay earlier if they wish. Should the levy not be paid, the building control completion certificate will not be issued, or final certificate accepted. We also outline a proposed definition of previously developed land for the purposes of applying the lower levy rate for buildings on previously developed land.

• Disputes: we understand there may be disputes over the levy amount charged, application of exemptions, or whether the levy has been paid in full. We propose that an internal review must be sought before a dispute can be referred to the first tier tribunal, if needed.

• Further exclusions: we invite views on whether hotels, religious accommodation, hospices, private hospitals and other specified types of communal accommodation be excluded from the levy charge.

• Public Sector Equality Duty: as defined in section 149 of the Equality Act 2010.

The proposals in this document were developed using feedback to our previous consultation, as well as discussions with representative bodies, local authorities, registered building control approvers. We will continue to engage with these groups as we design and implement the levy.

Chapter 1: Methodology for calculation of levy rates

The Building Safety Levy is required to contribute towards the necessary funds to address building safety issues on buildings that require remediation. The levy rate will therefore be calculated and set by central government to raise those funds.

The estimated target for the levy remains £3 billion, with a likely duration of ten years or more. This target will be subject to review as further information on the number of buildings requiring remediation, and the cost of that remediation work, emerges.

It is anticipated that, in the first year of operation, receipts will be relatively low, with revenue increasing over years 2 and 3 of the levy when it will reach a “steady state”. This is because there will be some developments reaching completion in the first year which were begun before the launch of the levy, and therefore will not be subject to the levy charge. See below for detail of proposed levy process. We have set an annual revenue target to take account of this.

We intend to charge the levy on a per square metre basis, subject to further work on how floorspace would be measured and levy rates set. Rates will be set in regulations by central government, and a standard rate per square-metre for each local authority (LA) area, as well as a “previously developed land” rate per square-metre for each LA area, will be published. In calculating the levy rates, we are aiming to take account of differences in housing development economics across LA areas, and across previously and non-previously developed land, whilst raising the revenue required for remediation work.

Step 1: We will establish the average number of housing completions on previously developed land and not previously developed land (minus excluded units) from the three years 2020/21-2022/23, in each LA area.

Step 2: We will then apply a weighting to units in each LA, which is proportional to the average house price in that LA, relative to the England average house price. For example, a unit in an LA where average house prices are double the England average, will be given twice the weighting (i.e. will be counted twice) of a unit in an LA where house prices are equal to the England average house price. (For these purposes a unit in such an LA would count as one unit).

Step 3: Units which are constructed on previously developed land will then be given a weighting reduced by 50%.

This will provide us with a weighted number of units in scope of the levy.

Step 4: The annual levy revenue target will then be divided by the weighted number of units in scope of the levy, to establish the average levy rate per-unit in England. This represents the per-unit levy rate in a LA where average house prices are in line with the England average. This average levy rate will then be multiplied by the LA level weightings outlined above to determine the per-unit LA rate and LA “previously developed land” rate for each local authority.

Step 5: The per-unit LA rate and LA “previously developed land” rate will then be divided by the average size (in square metres) of new residential properties constructed in that LA, to determine the per square-metre levy rate, and the per square-metre levy rate for developments on previously developed land. Therefore, levy rates will be proportional to the average per square-metre value of properties in each LA.

LAs can then use the published per square-metre levy rates to calculate the levy charge for a development where an application for building control approval is made or an initial notice submitted, based on the chargeable floorspace, previously developed land designation, and the application of any exclusions.

We will need to take into account economic and fiscal factors in finalising the levy rates. Once finalised, the levy rates will be set out by central government in secondary legislation. We intend to review the levy every three years with the first review beginning in year two of the levy allowing us to base the review on data and information from a full year of the levy being operational. We anticipate this would include a review of the levy rate and proposed exclusions, taking into account actual levy revenue flow, updated evidence on the anticipated total cost of remediation, and broader economic and housing market circumstances.

As set out in our previous consultation, the government intends to protect housing supply through the design of the levy, and the levy rates.

There is uncertainty about the impact on housing supply, which will, in part, hinge on behavioural responses by developers. However, we note that in 2018/19, developers contributed about £7 billion through Community Infrastructure Levy charges and Section 106 contributions. Over 10 years that would be around £70 billion. A £3 billion levy over 10 years represents around 4% of that figure.

Question 1: Do you have any comments on the proposed levy rate calculation methodology outlined above?

In order for the local authority to calculate the levy liability on a development, the client will need to provide information regarding the size of the development. We suggest that size is calculated using Gross Internal Area (GIA), and that this is measured in accordance with the Royal Institute of Chartered Surveyors (RICS) code of measuring practice. As a measurement of internal floorspace, GIA reflects the value of the development.

Question 2: Do you think that floorspace should be calculated using Gross Internal Area? Please explain your answer.

Chapter 2: Collection process

The government intends the process for the levy collection to be as simple and transparent as possible, minimising the additional administrative burden on local authorities (as the designated collecting authority). Feedback from the previous consultation suggested that the proposed two-step payment process was unnecessarily complex and resource-intensive to administer. We therefore intend that the client be issued with a single charge for the levy, although we propose that the client will have some flexibility over when payment is made.

We propose that consequence for non-payment of the levy will be that the building control completion certificate will not be issued, or the final certificate accepted, by the building control authority.

Set out below is a step-by-step description of how we propose the levy assessment and payment process will work. By “collecting authority” we mean local authorities, who will be designated as the levy calculation and collection authorities. Whilst the local authority building control team will inevitably have some involvement in the process (such as in receipt of applications for building control approval/ initial notices and in issue of completion certificates and receipt of final certificates), it is not necessary for the levy calculation and collection functions to sit with the local authority building control team. We do not intend for the levy regulations to stipulate which part of a local authority deals with the levy processes and will leave to local authorities to allocate the functions as is most appropriate.

• The client will submit information which will allow the collecting authority to calculate levy liability when:
  • Either an application for building control approval is submitted by the client to the local authority or the Building Safety Regulator (BSR). We therefore propose amending the Building Regulations 2010 and the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 to require that an application for building control approval for one or more dwellings or student housing (whether for a higher-risk building or otherwise) must include:
    • specified information required for the calculation of the levy; and
    • confirmation that the information provided is correct.

We propose adding failure to include this information as a reason for rejection of an application for building control approval by the building control authority.

• Or an initial notice is submitted by a Registered Building Control Approver (RBCA) and the client to a local authority. We therefore propose amending the form of initial notice to require that an initial notice must include:
  • specified information required for calculation of the levy; and
  • confirmation that the information provided is correct.

We propose adding failure to include this information as grounds for rejection of an initial notice by the building control authority.

• The information that must be submitted will include:
  • the gross internal area of the chargeable floorspace of the works covered by the application/ notice;
  • whether the relevant site is previously developed land (we are considering how to identify land that qualifies for the 50% rate, see relevant section below;)
  • any relevant exclusions that should apply.
• In local authorities, levy information received as part of applications for building control/ initial notice should be passed on to the team responsible for calculating the levy charge in a timely way (recommended within 5 days of receipt). Where the application for building control approval has been made to the BSR, the BSR will need to pass the levy information to the relevant local authority within 5 days of the receipt of the application.
• The collecting authority will calculate the levy amount due based on the information provided, carrying out regular spot-checks to verify the accuracy of the information. The collecting authority will, within 5 weeks of submission of the levy information by the client, issue the client with a notice of levy liability for the levy amount, or confirmation that the levy is not applicable and no payment is due. A copy of the notice of levy liability will also be provided to the BSR or RBCA, where relevant.
• After works have commenced, the levy becomes payable, and the client will then have some flexibility over when they pay the levy charge. The full levy amount relating to the relevant application for building control approval or initial notice must be paid before the first completion certificate relevant to the application can be issued or the first final certificate relevant to the notice approved.
• Once payment has been received, the collecting authority will issue the client with a notification which confirms payment within two weeks of receipt of the payment.

Changes to works

• If an amendment notice, a further application for building control approval or a change control application (for higher-risk buildings) is submitted during construction, the client will need to provide updated levy information reflecting changes to any information which may impact the levy liability, such as additional chargeable floorspace.  We therefore propose a change to the form of amendment notice so it must include specified information required for calculation of the levy and confirmation that the information provided is correct. We propose that amendment notices will be rejected if levy information that should have been included is omitted. We also propose amending the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 to require that a change control application must include specified information required for calculation of the levy and confirmation that the information provided is correct.
• In addition, we are considering requiring updated levy information to be submitted for the purposes of recalculating the levy liability where a change to the development before completion changes the number of units or whether there’s an entitlement to an exemption even if no notice/application is made.
• If required, a further levy liability notice will be issued by the collecting authority within 5 weeks of receipt of the updated levy information, reflecting the new levy liability. If the client has paid the amount set out in the original levy liability notice, the payment will be credited against the new total. If, where the levy liability has decreased, an overpayment has been made by the developer, the developer will be entitled to a refund of the difference. We are considering delaying payment of refunds by the local authority or HMG to the developer until completion of the works specified in the application for building control approval/initial notice, so that receipts can be consolidated and total overpayment refunded in one go.

Confirming levy payment at completion

• We will provide that a completion certificate must not be issued by the building control authority (the local authority or the BSR) to the client (or for clients using an RBCA, the local authority must reject any final certificate given) if the levy has not been paid.
• For local authority-supervised works, where the client notifies the local authority that the relevant building works have completed, the client should confirm whether the levy has been paid in respect of the works, or the levy was not payable. We propose amending the Building Regulations 2010 to require that as part of any completion notification in respect of building works that include dwellings or student accommodation the client must make this statement. Where the collecting authority has confirmed payment of the levy (or that no levy was payable) and can verify that the request for a completion certificate relates to all or part of the same development for which the payment has been made (or was not due), the building control authority can issue a completion certificate, providing all other applicable building regulation requirements are met.
• For BSR-supervised works, where the client applies to the BSR for a completion certificate, the client should confirm whether the levy has been paid in respect of the works, or the levy was not payable. We propose amending the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 to require that as part of any application for a completion certificate that includes dwellings or student accommodation the client must make this statement. Where the collecting authority has confirmed payment of the levy and the BSR verifies the application for a completion certificate relates to all or part of the same development for which the payment has been made, the BSR can issue a completion certificate, providing all other applicable building regulation requirements are met.  
• For RBCA-supervised works, where the client notifies the RBCA that building works are completed, the client should confirm whether the levy has been paid in respect of the works, or the levy was not payable. We propose amending the Building (Approved Inspectors etc) Regulations 2010 to require that as part of this notification the client must make this statement. Where the collecting authority has confirmed payment of the levy and the RBCA confirms the proposed final certificate relates to all or part of the same development for which the payment has been made, the RBCA can provide confirmation to that effect in the final certificate and send the certificate to the local authority for acceptance. We propose amending the form of final certificate included in Schedule 1 to the Building (Approved Inspectors etc) Regulations 2010 to include a statement from the RBCA that they have received confirmation from the client that the levy has been paid or was not due, in respect of the buildings to which the final certificate relates. Providing all other requirements are met the local authority will accept the final certificate.

We will consider all responses and views received in response to this consultation before taking a final decision on the levy collection process. The arrangements for collecting the levy and the action that must be taken to facilitate its collection will be set out the secondary legislation. Where we refer to amending the Building (Approved Inspectors etc.) Regulations 2010 we mean amending these or any equivalent provisions in replacement regulations that may be in force when the levy regulations come into force. More detail to support local authorities in their role as collection agents will be published in guidance.

Question 3: Do you have any comments on the process for the collection of the levy, as set out above?

As set out above, we intend that a 50% levy rate will apply to works on land that is categorised as “previously developed”. This is intended to help mitigate viability concerns for developments on previously developed land where construction costs are often higher. We also aim for the approach to identifying sites that qualify for the 50% rate to be straightforward for developers and local authorities to implement.

We propose achieving these aims by providing that works on “previously developed sites” will qualify for the discount rate. “Previously developed sites” will be those where the area within the planning permission redline boundary consists of more than 50% previously developed land types. The detail of the types of land that are considered “previously developed” will be set out in the levy regulations. We anticipate that these levy land type classifications will be similar to the urban habitat types (for example.. buildings, hard standing, bare ground) used for the Biodiversity Net Gain which is being introduced^{[footnote 1]}; therefore, developers and local authorities will become familiar with the approach required and, in many cases, will have the information readily available. We propose that all development on previously developed sites will qualify for the discount rate.

Where a developer considers that a site is a previously developed site the developer will confirm this as part of information provided for calculation of the levy and provide appropriate supporting evidence. We will set out in guidance how developers can evidence this. Qualification for some sites may be self-evident (for example, an old industrial site which is redeveloped to blocks of flats). For sites that contain a mixture of previously developed land and other types of land developers will need to provide more evidence, such as a plan. For this purpose the baseline bio-diversity net gain data that will have been gathered at planning stage (such as pre-development habitat maps) can help.

Question 4: Do you have any comments on the proposed approach to identifying previously developed land and application of the 50% rate?

Do you think that, to qualify for the discount rate, more than 50% is the correct threshold the area within the planning permission redline that must constitute previously developed land types?

We will set out the full information requirements for the calculation of the levy liability in regulations and guidance. Local authorities will need to be satisfied that information provided by the client is sufficient for the purposes of calculating the levy liability.

Local authorities will also be required to keep appropriate records of levy payments. Management information will need to be returned to central government on a quarterly basis, along with the levy revenue collected. Further details of the information required and process for transferal of funds will be set out in regulations and in guidance.

Chapter 3: Disputes

We believe that keeping the levy calculation and collection process as simple as possible will reduce the scope for disputes. However, we are aware that disputes over the calculation and/ or payment of the levy may occur.

We believe that the main potential grounds for dispute are:

• disagreement over the calculation of the levy liability amount by the local authority
• disagreement over the outcome of a spot-check of the information provided for the calculation of the levy liability e.g. total floorspace, applications of exclusions, or “previously developed land” designation
• disagreement over the client’s entitlement to a refund
• disagreement over the imposition of consequences (withholding a completion certificate or rejecting a final certificate) by the building control authority (either the local authority or the BSR).

We propose that, in the first instance, the client should seek to resolve the dispute with the local authority (or the BSR if the client wishes to challenge the withholding of a completion certificate by the BSR) and request a review of the decision. The client will have 28 days in which to request a review after receiving the decision. A review may involve submitting additional documentation to support their claim (e.g. demonstrating that certain exemptions should be applied).

The review should be carried out by someone senior to the person who made the original levy calculation, and who had no involvement in the original calculation and/or decision. The local authority/ BSR should review their decision in light of any new evidence provided, and communicate the outcome to the client. In cases where a review of the levy liability amount has been requested, the review may conclude that the client is liable for less than, or more, than the original sum.

We are proposing that the local authority should make a decision within 28 days of receiving a request for a review, where the decision being challenged regards the calculation of the levy amount, the application of exemptions, refunds, or the outcome of a spot check. Where a review is requested over a decision to withhold a completion certificate or reject a final certificate, we propose that the review period be 14 days.

Where the client disagrees with outcome of the review, we propose that they be able to challenge the ruling at First Tier Tribunal (either the original decision if upheld at review, or if the decision is varied at the review, the varied decision). We propose that:

• the client may submit an appeal to the tribunal within 21 days of the review decision
• an appeal can be made on the grounds that the decision was erroneous in fact, or wrong in law
• on determining the appeal, the tribunal may confirm, vary, or quash the decision. The tribunal may also issue directions

Question 5: Do you agree with the process for dealing with disputes outlined above? Please explain your answer.

Chapter 4: Further exclusions

The scope of the levy in the Building Safety Act is broad and covers “all relevant buildings”. This is further defined as “a building in England consisting of, or containing-

• one or more dwellings, or
• other accommodation (and ‘accommodation’ here includes temporary accommodation, for example in a hotel or hospital).”

It is not in the spirit of government’s ambition or in line with the Levelling Up agenda to deter the development of important community facilities, which is why we intend to exclude the types of development listed in the response to our previous consultation.

In addition, there are certain types of communal accommodation which have different characteristics relative to the broader housing market, and for which an exclusion from the levy charge may be appropriate. We therefore invite views on our proposal to exclude the following:

• hotels;
• non-NHS hospitals (as stated in our previous consultation response, NHS hospitals and other NHS care facilities will be excluded from the levy charge);
• hospices
• monasteries, nunneries or similar establishments.
• seminaries and other religious colleges which include accommodation.
• drug and/ or alcohol treatment centres.
• temporary accommodation for homeless people.
• school premises to be used for the sole or primary purpose of housing its students

Question 6: Do you think that the communal accommodation listed above should be excluded from the levy charge? Please explain your answer.

Chapter 5: Public Sector Equality Duty

Revenue raised by the building safety levy will form an important part of funding the Government’s building safety remediation programmes, being used to remediate life critical defects in existing residential buildings. As set out above the levy will be charged on the construction of residential housing in England, subject to certain exemptions.

Question 7: Do you have any views on the potential impact of the proposals raised in this consultation on people with protected characteristics as defined in section 149 of the Equality Act 2010? Please explain your answer.

End of questions.

Glossary of terms

Affordable housing

Government recognises that social housing falls under affordable housing.

Social rented, affordable rented and intermediate housing, provided to eligible households whose needs are not met by the market. Eligibility is determined with regard to local incomes and local house prices.

Affordable housing should include provisions to remain at an affordable price for future eligible households or for the subsidy to be recycled for alternative affordable housing provision.

Social rented housing is owned by local authorities and private registered providers (as defined in section 80 of the Housing and Regeneration Act 2008), for which guideline target rents are determined through the national rent regime. It may also be owned by other persons and provided under equivalent rental arrangements to the above, as agreed with the local authority or with the Homes and Communities Agency.

Affordable rented housing is let by local authorities or private registered providers of social housing to households who are eligible for social rented housing. Affordable Rent is subject to rent controls that require a rent of no more than 80% of the local market rent (including service charges, where applicable).

Intermediate housing is homes for sale and rent provided at a cost above social rent, but below market levels subject to the criteria in the Affordable Housing definition above. These can include shared equity (shared ownership and equity loans), other low-cost homes for sale and intermediate rent, but not affordable rented housing.

Homes that do not meet the above definition of affordable housing, such as “low-cost market” housing, may not be considered as affordable housing for these purposes.

Building regulations

Building regulations are minimum standards for design, construction, and alterations to virtually every building. The regulations are developed by the UK government and approved by Parliament.

The Building Regulations 2010 cover the construction and extension of buildings and these regulations are supported by Approved Documents.

Client

The ‘Client’ of a project will be responsible for paying the levy , or ensuring payment of, the levy. By ‘Client’ we mean any person or organisation for whom a construction project is carried out, including as part of their business. The Client will have specific functions as a dutyholder within the strengthened regulatory system as part of the Building Safety Act. We consider that as the Client holds responsibility for the construction project, they should also be responsible for payment of the levy.

The Client may be a company or an individual and may also be the Principal Designer and/or Principal Contractor. If the Client changes with levy payments outstanding, then we propose that the new Client would take on responsibility for these payments.

Community Infrastructure Levy (CIL)

The Community Infrastructure Levy can be charged by local authorities on new developments in their area.

It is an important tool for local authorities to use to help them deliver the infrastructure needed to support development in their area.

The CIL only applies in areas where a local authority has consulted on, and approved, a charging schedule which sets out its levy rates and has published the schedule on its website.

About this consultation

This consultation document and consultation process adhere to the consultation principles issued by the Cabinet Office.

Representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions when they respond.

Information provided in response to this consultation may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Environmental Information Regulations 2004 and UK data protection legislation). In certain circumstances this may therefore include personal data when required by law.

If you want the information that you provide to be treated as confidential, please be aware that, as a public authority, the Department is bound by the information access regimes and may therefore be obliged to disclose all or some of the information you provide. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.

The Department for Levelling Up, Housing and Communities will at all times process your personal data in accordance with UK data protection legislation and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties. A full privacy notice is included below.

Individual responses will not be acknowledged unless specifically requested.

Your opinions are valuable to us. Thank you for taking the time to read this document and respond.

Are you satisfied that this consultation has followed the Consultation Principles? If not or you have any other observations about how we can improve the process please contact us via the complaints procedure.

You can also contact dataprotection@levellingup.gov.uk if you are unsure about any of the below information to be provided to those responding to your consultation.

Personal data

The following is to explain your rights and give you the information you are entitled to under UK data protection legislation.

Note that this section only refers to personal data (your name, contact details and any other information that relates to you or another identified or identifiable individual personally) not the content otherwise of your response to the consultation.

1. The identity of the data controller and contact details of our Data Protection Officer

The Department for Levelling Up, Housing and Communities (DLUHC) is the data controller. The Data Protection Officer can be contacted at dataprotection@levellingup.gov.uk or by writing to the following address:

Data Protection Officer
Department for Levelling Up, Housing and Communities
Fry Building
2 Marsham Street
London
SW1P 4DF

2. Why we are collecting your personal data

Your personal data is being collected as an essential part of the consultation process, so that we can contact you regarding your response and for statistical purposes. We may also use it to contact you about related matters.

We will collect your IP address if you complete a consultation online. We may use this to ensure that each person only completes a survey once. We will not use this data for any other purpose.

Sensitive types of personal data

Please do not share special category personal data or criminal offence data if we have not asked for this unless absolutely necessary for the purposes of your consultation response. By ‘special category personal data’, we mean information about a living individual’s:

• race
• ethnic origin
• political opinions
• religious or philosophical beliefs
• trade union membership
• genetics
• biometrics
• health (including disability-related information)
• sex life; or
• sexual orientation.

By ‘criminal offence data’, we mean information relating to a living individual’s criminal convictions or offences or related security measures.

3. Our legal basis for processing your personal data

The collection of your personal data is lawful under article 6(1)(e) of the UK General Data Protection Regulation as it is necessary for the performance by DLUHC of a task in the public interest/in the exercise of official authority vested in the data controller.

Section 8(d) of the Data Protection Act 2018 states that this will include processing of personal data that is necessary for the exercise of a function of the Crown, a Minister of the Crown or a government department i.e. in this case a consultation.

Where necessary for the purposes of this consultation, our lawful basis for the processing of any special category personal data or ‘criminal offence’ data (terms explained under ‘Sensitive Types of Data’) which you submit in response to this consultation is as follows.

The relevant lawful basis for the processing of special category personal data is Article 9(2)(g) UK GDPR (‘substantial public interest’), and Schedule 1 paragraph 6 of the Data Protection Act 2018 (‘statutory etc and government purposes’). The relevant lawful basis in relation to personal data relating to criminal convictions and offences data is likewise provided by Schedule 1 paragraph 6 of the Data Protection Act 2018.

4. With whom we will be sharing your personal data

The data collected may be shared with other government departments and arms length bodies.

For any other bodies all data shared will be anonymised.

DLUHC may appoint a ‘data processor’, acting on behalf of the Department and under our instruction, to help analyse the responses to this consultation. Where we do we will ensure that the processing of your personal data remains in strict accordance with the requirements of the data protection legislation.

5. For how long we will keep your personal data, or criteria used to determine the retention period.

Your personal data will be held for 2 years from the closure of the consultation, unless we identify that its continued retention is unnecessary before that point.

6. Your rights, e.g. access, rectification, restriction, objection

The data we are collecting is your personal data, and you have considerable say over what happens to it. You have the right:

a. to see what data we have about you

b. to ask us to stop using your data, but keep it on record

c. to ask to have your data corrected if it is incorrect or incomplete

d. to object to our use of your personal data in certain circumstances

e. to lodge a complaint with the independent Information Commissioner (ICO) if you think we are not handling your data fairly or in accordance with the law. You can contact the ICO at https://ico.org.uk/, or telephone 0303 123 1113.

Please contact us at the following address if you wish to exercise the rights listed above, except the right to lodge a complaint with the ICO: dataprotection@levellingup.gov.uk or

Knowledge and Information Access Team
Department for Levelling Up, Housing and Communities
Fry Building
2 Marsham Street
London
SW1P 4DF

7. Your personal data will not be sent overseas

8. Your personal data will not be used for any automated decision making

9. Your personal data will be stored in a secure government IT system

We use a third-party system, Citizen Space, to collect consultation responses. In the first instance your personal data will be stored on their secure UK-based server. Your personal data will be transferred to our secure government IT system as soon as possible, and it will be stored there for 2 years before it is deleted.

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1. We anticipate this will be based broadly on UK habitat classifications – in particular those classed as “urban” - UK Habitat Classification. ↩