Implications of the Building Safety Levy for building control procedure
Published 10 September 2026
Applies to England
© Crown copyright 2026
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To: The Chief Executive:
Unitary, Metropolitan, District and London Borough Councils in England The Town Clerk, City of London The Clerk, Council of the Isles of Scilly The Sub-Treasurer, Inner Temple The Under Treasurer, Middle Temple
The Head of Building Control:
Unitary, Metropolitan, District and London Borough Councils in England City of London Council of the Isles of Scilly Registered Building Control Approvers
cc: The Chief Executive:
Combined Authorities and County Councils in England National Park Authorities in England Chair, National Fire Chiefs Council
From: Keeran Jugdoyal
Deputy Director, New Build Standards and Performance
Ministry of Housing, Communities and Local Government
4th Floor, Fry Building
2 Marsham Street
London SW1P 4DF
Date: 10 September 2026
Implications of the Building Safety Levy for Building Control Procedure
Dear Sir or Madam,
I am writing to you ahead of the Building Safety Levy coming into operation on 1 October 2026, which may affect how those undertaking new dwelling building work seek to apply to local authorities.
As you may be aware, the Building Safety Levy does not apply to building notices given to local authorities under regulation 12 of the Building Regulations 2010. In a recent consultation, entitled ‘Consultation on plan approval requirements for new builds and fire safety order buildings,’ the department brought forward proposals to require that all new dwellings using the local authority route must use applications for building control approval with full plans in accordance with regulation 14 of the 2010 regulations. In advance of responding to this consultation in full and ahead of the Building Safety Levy coming into force, the department wishes to provide a reminder of the existing regulatory structure, including areas where applications for building control approval with full plans are already required and the levy may apply.
For the avoidance of doubt, the government’s response to the consultation, which will set out the timelines and approach to implementation for any changes to the regulations, will be published in due course. Any such changes would not take effect before the levy regulations come into force on 1 October 2026.
Requirements to Use Applications for Building Control Approval with Full Plans
Building control authorities are reminded that persons intending to carry out building work must give applications for building control approval with full plans in the following circumstances:
- building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after the completion of the building work
- building work which includes the erection of a building fronting onto a private street
- building work in relation to which paragraph H4 of Schedule 1 (Building over sewers) imposes a requirement
Many new dwellings will, at the point of application, front onto a private street within the definition set out in section 203(2) of the Highways Act 1980.
Where a building notice concerns the construction of new dwellings, regulation 13(2)(a)(iii) requires that the 1:1250 plan accompanying the notice illustrates “the width and position of any street”. It is from this plan that building control authorities should assess if an invalid building notice has been given and an application for building control approval with full plans under regulation 14 should be given instead.
Duty under Section 220(2)(a) of the Highways Act 1980
Where the Advance Payments Code (section 219-225 of the Highways Act 1980) is in force and section 219 of the Highways Act 1980 applies, local authorities outside Greater London are required under section 220(2)(a) of the Highways Act 1980 to inform the relevant street works authority within one week from the date of granting of a relevant application for building control approval.
If a building control authority does not have a pre-existing arrangement with the relevant street works authority, they should seek to establish whether the Advance Payment Code is in force in their area. If it is in force, steps must be taken to comply with the duty to inform the street works authority.
Application to Initial Notices
The duty to inform street works authorities is applied where an initial notice involves the erection of a building fronting onto a private street. Under sections 48(2) and (3)(e) of the Building Act 1984 initial notices are to be treated as an application for building control approval with full plans for the purposes of the Advance Payments Code.
Form 1 of Schedule 1 to the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 requires that initial notices are accompanied by a plan to a scale of not less than 1:1250 showing the boundaries and location of the site. For the purposes of enabling local authorities to fulfil their duties it may be good practice for Registered Building Control Approvers to include statements as to whether proposed buildings front onto a private street in the description of works.
Effect of the Building Safety Levy
We are aware that the expected surge in initial notices and applications for building control approval during September will put strain on local authorities. During this time, we welcome the sharing of information, using the email address provided below, about any novel issues arising from the processing of a substantial volume of notices and applications.
Section 77(1) applications under the Building Act 1984 (Dangerous buildings)
In addition to issues arising in connection with the Building Safety Levy, we also wish to remind building control authorities that in England applications under section 77(1) of the Building Act 1984 (Dangerous building) are be made to the First-tier Tribunal (Property Chamber) and not to the magistrates’ court for the area. Under section 126 (General Interpretation) of the Act the “appropriate court of tribunal” referred to in section 77(1) of the Act means in relation to England “the tribunal”, which is further defined as the First-tier Tribunal. The previous reference to “a magistrates’ court” in section 77(1) of the Act was removed by the Building Safety Act 2022, a that change took effect from 1 October 2023.
Enquiries
Telephone enquiries on this Circular Letter should be addressed to the Ministry of Housing, Communities and Local Government on 0303 444 0000. All email enquiries should be addressed to BuildingControlProceduresEnquiries@communities.gov.uk.
You can alternatively submit your enquiry by post to:
Correspondence Unit
2 Marsham Street
London SW1P 4DF
Yours faithfully,
Keeran Jugdoyal
Deputy Director
New Build Standards and Performance Division