On 1 October 2026 new BSL Regulations come into force in England.
The BSL Regulations operate as a new tax on residential buildings. The tax is collected by local authorities, as part of the Building Control process. The aim of the Levy is to raise approximately £3.4 billion to pay to remediate cladding.
This is a new mandatory charge which is not negotiable. It will affect all new residential developments (including change of use/extensions) above 10 homes or for PBSA, 30 bed spaces (with exceptions for affordable housing and other types of prescribed accommodation). There is a 50% brownfield development discount for developments that meet specified conditions.
It will operate in addition to other taxes and levies on residential development including the Community Infrastructure Levy and S106 mitigation.
The government has produced accompanying explanatory guidance on how the BSL Regulations will operate and a series of flowcharts.
Information required to calculate the Levy (based on GIA of new floorspace and calculated by the RICS Code of Measuring Practice) will need to be provided as part of a full plans/initial notice/building control approval application to the relevant Building Control approver. The Levy must be paid to enable completion certificates to be issued and to allow new development to be occupied.
The Levy process applies to each of the building control routes i.e. applications made to the Local Authority Building Control, the Registered Building Control Approver and the Building Safety Regulator for developments that are at least 7 storeys or 18 metres in height.
The process and administration of the Levy is largely based on the Community Infrastructure Levy (CIL) Regulations. As such, there are some familiar terms and procedures but there are also some key differences.
As a team with significant expertise advising on the CIL Regulations over the last 14 years, we have the knowledge and expertise to help you with any queries and advice required in relation to the application process of the BSL charge.
Whether you are a housing provider or other applicant for building control approval, a local authority or Registered Building Control Approval required to administer this new process, we can provide tailored advice on the BSL Regulations.
Please contact Lindsay Garratt, Partner at Winckworth Sherwood LLP for further information.