Construction law update · 2026

Building Safety Act and the Building Safety Levy: a guide for builders and developers

The Building Safety Act changed who is responsible for building work, and from 1 October 2026 most new residential developments in England pay a new Building Safety Levy. Wales now has its own regime too. Here is what builders and developers need to know.

  • Duty holder rules explained
  • Building Safety Levy from 1 October 2026
  • How to budget for the levy in your accounts
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At a glance

Key building safety dates

The main milestones builders need to know.

28 April 2022

Building Safety Act receives Royal Assent.

1 July 2026

Duty holder regime for building work starts in Wales.

30 September 2026

Second staircase needed in new residential buildings over 18 metres in England.

1 October 2026

Building Safety Levy starts on new residential development in England.

The Building Safety Act in brief

The Building Safety Act 2022 received Royal Assent on 28 April 2022, following the Grenfell Tower fire. It created the Building Safety Regulator and a new system of duties for everyone involved in design and construction.

The duty holder regime

For building work in England that needs building regulations approval, there are now formal duty holders: the client, the principal designer, the principal contractor, and every designer and contractor. Each must have the right skills, knowledge, experience and behaviours for their role, and must plan, manage and monitor the work so it complies with building regulations. These duties sit alongside, not instead of, the CDM Regulations 2015.

For a small builder, this means you can be the principal contractor on a domestic extension and carry legal duties for compliance. Clients increasingly ask for evidence of competence before appointing you.

Higher-risk buildings

Buildings of at least 18 metres or seven storeys with at least two residential units are higher-risk buildings. Work on them goes through Building Safety Regulator gateways and needs a “golden thread” of accurate building information kept for the life of the building. From 30 September 2026, new residential buildings over 18 metres also need a second staircase.

Wales has its own regime

The Building Safety (Wales) Act 2026 became law on 27 April 2026. It covers the occupation phase of a wider range of residential buildings than in England, regardless of height. A duty holder regime for building work in Wales, closely mirroring England’s, applies from 1 July 2026.

What it means for your accounts

Compliance costs money: competence checks, extra design time, record keeping and, for developers, the new levy. We help builders and developers build these costs into quotes, budgets and cash flow forecasts, and treat them correctly in the accounts.

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The Building Safety Levy

How the Building Safety Levy works

A new charge on residential developers in England to fund building safety remediation.

When it applies

Building control applications or initial notices submitted on or after 1 October 2026. Earlier applications are outside the levy.

What it covers

New residential development in England, including houses and flats, with exemptions such as affordable housing.

Who pays

The client named on the building control application, usually the developer.

How much

Set per square metre by local authority area, with a discount on previously developed land.

When you pay

The levy must be paid before a completion certificate is issued.

Why it exists

It is expected to raise around £3.4 billion over ten years to fix unsafe buildings.

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FAQs

Frequently asked questions

Does the Building Safety Levy apply to my development?
It applies to new residential development in England where the building control application or initial notice is submitted on or after 1 October 2026, unless an exemption applies, such as affordable housing.
Who is responsible for paying the levy?
The client named on the building control application, which is usually the developer.
How much is the Building Safety Levy?
Rates are set per square metre of floorspace for each local authority area, with lower rates for previously developed land. Check the government’s rates table for your area.
Does the levy apply in Wales?
No. The levy applies in England. Wales has its own building safety law, the Building Safety (Wales) Act 2026.
Am I a duty holder as a small builder?
Yes, if you carry out building work that needs building regulations approval. You may be a contractor or the principal contractor, with legal duties to plan and manage the work so it complies.
How should I treat the levy in my accounts?
For developers it is normally part of the cost of the development. How it is treated depends on your business, so speak to us before your year end.

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