The Building Safety Levy (England) Regulations 2025

54 Request for revised levy determination

(1) This paragraph applies if— (a) a collecting authority has given a levy liability notice in relation to a building control application, (b) one of the relevant circumstances applies, and (c) there is no levy payment certificate in relation to the application. (2) If paragraph (1) applies in relation to the application, the named client may request, by an application in accordance with paragraph (3) (“request application”), that the collecting authority gives a revised levy determination notice in relation to the building control application referred to in paragraph (1). (3) A request application— (a) must be signed by the named client; (b) must include— (i) the contact information for the named client; (ii) information identifying the building control application referred to in paragraph (1), and where the application is an updated application, the original application and all of the variation applications relating to that application; (iii) information identifying the levy liability notice given in relation to the building control application referred to in paragraph (1); (iv) information identifying the regulation 54 work to which the request application relates and which of the relevant circumstances applies to that work; (v) a statement explaining, by reference to the circumstances prevailing at the relevant time— (aa) the floorspace information in relation to the regulation 54 work; (bb) whether or not the named client in relation to the building control application referred to in paragraph (1) was an exempt person; (cc) whether or not any building included in the regulation 54 work was an exempt building; (dd) whether or not any dwelling included in the regulation 54 work was subject to an exemption referred to in regulation 8(1); (c) must be accompanied by evidence to show that one of the relevant circumstances applies to the regulation 54 work. (4) If following receipt of a request application in accordance with this regulation the collecting authority is satisfied the conditions in paragraph (1) are met, the collecting authority must, before the end of the period of 5 weeks beginning with the date on which the request application is received— (a) determine the new levy liability amount in relation to the building control application referred to in paragraph (1) (where, subject to paragraph (5), a new levy liability amount has the meaning given in regulation 67); (b) give the named client a revised levy determination notice in relation to the building control application (where, subject to paragraph (5A), a revised levy determination notice has the meaning given in regulation 67); (c) if the building control application referred to in paragraph (1) is an initial notice or an updated application in relation to an initial notice, give a copy of the revised levy determination notice to the registered building control approver. (5) In determining the amount referred to in paragraph (4)(a), regulation 67 has effect as if in paragraphs (3) to (5) of that regulation any reference to— (a) the refund application were a reference to the request application; (b) the building control application referred to in regulation 66(1) were a reference to the building control application referred to in this regulation; (c) part lapse work were a reference to regulation 54 work. (5A) For the purposes of paragraph (4)(b), regulation 67(6) has effect as if any reference in that paragraph to— (a) the refund application were a reference to the request application; (b) the new levy liability amount were a reference to the new levy liability amount determined under this regulation; (c) the remaining work were a reference to the building work described in the building control application referred to in paragraph (1) ignoring the regulation 54 work. (5B) If a revised levy determination notice is given in accordance with paragraph (4)(b) and that notice specifies that there is no charge, the levy liability notice in relation to the application referred to in paragraph (1)(a) is cancelled and the revised levy determination notice given under paragraph (4)(b) must include a statement to that effect. (6) In this regulation— “floorspace information” has the same meaning as in regulation 66; “regulation 54 work” means the part of the original work to which one of the relevant circumstances applies (where “original work” means the building work described in the building control application referred to in paragraph (1)); “relevant circumstances” are— section 32(3) or 53A(3) of the 1984 Act applies in relation to part of the building work to which the building control application relates, the building control application is an initial notice or an updated application in relation to an initial notice, and a cancellation notice under section 52A of the 1984 Act has been given in relation to part of the building work to which the initial notice relates, the regulator becomes the building control authority under section 91ZA of the 1984 Act in relation to part of the building work to which the building control application relates, the regulator ceases to be the building control authority under section 91ZA of the 1984 Act in relation to part of the building work to which the building control application relates; “relevant time” means the time which is the latest of the following— the time the first compliant commencement notice was given in relation to building work to which the building control application referred to in paragraph (1) relates; the time an updated application, if any, was made; the time the most recent levy update notice, if any, was given under regulation 52(2) in relation to the building control application.