The Building Safety Levy

The Building Safety Levy may apply where building work creates new dwellings or purpose built student accommodation.

The levy is chargeable on major residential development, which includes developments providing:

• at least 10 additional dwellings
• at least 30 additional purpose built student accommodation bedspaces

Certain developments, dwellings and accommodation are exempt from the levy. Further information about exemptions is provided below.

Do I still need to provide Building Safety Levy information?

Yes, if your building control application or initial notice relates to work providing at least one new dwelling or purpose built student accommodation bedspace, you will need to provide the required Building Safety Levy information.

This allows Nottingham City Council, as the collecting authority, to determine whether the development is chargeable and whether any exemption applies.

If the levy is payable, Nottingham City Council will issue a Levy Liability Notice.

If no levy is payable, Nottingham City Council will issue a Notice of No Charge.

Exemptions

Certain types of development, accommodation and dwellings are exempt from the levy. These include qualifying forms of:

• affordable and social housing
• supported housing
• care homes and hospices
• hospitals
• school accommodation
• hotels and hostels
• temporary accommodation for homeless people

Other exemptions also apply, and qualifying conditions and evidence requirements may need to be met. Read the national Building Safety Levy guidance for the full list of exemptions and the conditions that apply.

What you need to do

The information you need to provide will depend on who is providing the building control service for your development.

If Nottingham City Council is your Building Control Authority

When submitting your Full Plans application, you will be asked to complete the Building Safety Levy application information immediately after the Full Plans application form.

You must provide the required Building Safety Levy information where the application relates to new dwellings or purpose built student accommodation.

Make a Full Plans application

Before work starts, you will need to provide further Building Safety Levy information alongside your commencement information. This will allow us to determine whether the levy is payable and, where applicable, calculate the amount due.

Submit commencement and Building Safety Levy information

If you are using a Registered Building Control Approver

Your Registered Building Control Approver will submit an Initial Notice to Nottingham City Council.

The Initial Notice will be followed by the Building Safety Levy application information, which will need to be completed by you or your Registered Building Control Approver.

Submit an Initial Notice and Building Safety Levy information

At commencement, you or your Registered Building Control Approver will also need to submit the full Building Safety Levy commencement information, including any required supporting evidence. Where a Registered Building Control Approver is overseeing the work, the client must ensure that Nottingham City Council receives the commencement notice, levy information and supporting evidence within 2 working days.

Submit commencement and Building Safety Levy information

If your application is with the Building Safety Regulator

For higher risk building applications, the Building Safety Regulator will pass the relevant information from your building control application to Nottingham City Council so that we can determine whether the Building Safety Levy applies.

You should continue to make and manage your higher risk building application through the Building Safety Regulator. The BSR service also handles notices of intention to start work and commencement.

Information you may need to provide

To help you complete the Building Safety Levy information, you may need to have the following details and documents available:

• your building control application or Initial Notice details
• details of the named client
• the relevant planning permission, planning application or prior approval, including reference numbers
• details of the number and type of dwellings or purpose built student accommodation bedspaces
• plans, drawings and floorspace measurements, including Gross Internal Area where required
• details and supporting evidence for any exempt accommodation or dwellings
• information and evidence relating to previously developed land, where applicable
• details of any existing residential floorspace where the development involves an existing residential building
• any previous Building Safety Levy notices relating to the development

How is the levy calculated?

The levy is calculated using the chargeable residential floorspace and the rate set for the local authority area. The final amount may be affected by any exemptions or adjustments that apply, and whether the development qualifies for the lower rate for previously developed land.

• £23.55 per m2 (standard rate)
• £11.77 per m2 (previously developed land rate)

A lower levy rate may apply to developments on previously developed land, sometimes known as brownfield land. To qualify, at least 75% of the site must meet the definition of previously developed land. You will need to provide evidence to show that the development qualifies. Levy rates are set by legislation and cannot be changed by Nottingham City Council.

Payment and certification

The Levy Liability Notice issued by Nottingham City Council will explain the amount payable, when it must be paid and how to pay.

Any levy due must be paid in full on or before the earlier of the relevant completion notice date or the first date of occupation.

If the levy remains unpaid, the relevant building control authority may withhold or refuse to issue or accept the completion certificate or final certificate.

Changes after the levy decision

If relevant information changes after a decision has been issued, contact Nottingham City Council Building Control promptly. You may need to provide updated levy information and supporting evidence so that the charge can be reconsidered.

Reviews and appeals

If you disagree with a Building Safety Levy decision, you may be able to request a review by Nottingham City Council.

A request for review must be made within 28 days of receiving the relevant decision.

If you remain dissatisfied following the review, you may be able to appeal to the First-tier Tribunal.

Read the national Building Safety Levy guidance for further information about reviews and appeals.

If you are unsure whether the levy may apply to your development, or you need help understanding what information to provide, contact Nottingham City Council Building Control.

Email: building.control@nottinghamcity.gov.uk

Telephone: 0115 876 4447

Please quote the site address, building control reference and Building Safety Levy reference, where available.