The Building Safety Levy (Amendment) (England) Regulations 2026
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Change 1
3 Amendments relating to when land is previously developed
In regulation 21 (previously developed sites)— (a) in paragraph (2) after “relevant date” insert “, and that building was not wholly underground”; (b) in paragraph (4)— (i) in the words before sub-paragraph (a) after “at that time” insert “any one or more of the following conditions are met”; (ii) omit the “or” after sub-paragraph (c); (iii) at the end of sub-paragraph (d) insert “, or (e) any operations which have been carried out in, on, over or under the land are not lawful. ; (c) after paragraph (4) insert— (4A) For the purposes of calculating whether at least 75% of land is previously developed for the purposes of paragraph (1), any underground part of a building which extends beyond the part of the building which is not underground is not to be taken into account. ; (d) in paragraph (5)— (i) for the definition of “building” substitute— “building” means any permanent building and any other permanent man-made structure or erection, including any extension, and any part of a building, as so defined; ; (ii) insert the following definitions in the appropriate places— “lawful”, in relation to operations, has the same meaning as in section 191 of TCPA 1990; ; “structure or erection” includes, but is not limited to— areas which are reinforced for load-bearing, paved or otherwise surfaced with man-made materials; plant and machinery. .
3 Amendments relating to when land is previously developed
In regulation 21 (previously developed sites)— (a) in paragraph (2) after “relevant date” insert “, and that building was not wholly underground”; (b) in paragraph (4)— (i) in the words before sub-paragraph (a) after “at that time” insert “any one or more of the following conditions are met”; (ii) omit the “or” after sub-paragraph (c); (iii) at the end of sub-paragraph (d) insert “, or (e) any operations which have been carried out in, on, over or under the land are not lawful. ; (c) after paragraph (4) insert— (4A) For the purposes of calculating whether at least 75% of land is previously developed for the purposes of paragraph (1), any underground part of a building which extends beyond the part of the building which is not underground is not to be taken into account. ; (d) in paragraph (5)— (i) for the definition of “building” substitute— “building” means any permanent building and any other permanent man-made structure or erection, including any extension, and any part of a building, as so defined; ; (ii) insert the following definitions in the appropriate places— “lawful”, in relation to operations, has the same meaning as in section 191 of TCPA 1990; ; “structure or erection” includes, but is not limited to— areas which are reinforced for load-bearing, paved or otherwise surfaced with man-made materials; plant and machinery. .
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