Section 5: Advice for Registered Building Control Approvers (RBCAs)
Source: gov.uk (2025-07-10)

This section is for Registered Building Control Approvers, who will need to be aware of their new responsibilities and how to support their clients to engage with local authorities regarding the levy.

Chapter 23: Advice for RBCAs

23.1 Initial Notices

If an RBCA submits an initial notice to the local authority for the provision of one or more dwellings, or one or more bedspaces of PBSA, the notice must include levy information (see Forms 1 and 4 in Schedule 1 to the RBCA Regulations as explained in chapter 11.1 (https://www.gov.uk/guidance/building-safety-levy-guidance/section-3-advice-for-developers-of-residential-buildings#chapter11-1)). If the initial notice does not include the required levy information the local authority must reject it within the existing 5 working day statutory period for accepting or rejecting initial notices (see regulation 6 RBCA Regulations). The notice will then need to be re-submitted with the required levy information included. The statutory form of initial notice has been amended to set out this information as an annex. The RBCA will send the initial notice to the local authority as usual.

Where someone other than the client submits the initial notice, the client must provide a signed statement confirming that the levy information provided is accurate.

23.2 Commencement Notices

When the client gives an RBCA the first notice of commencement for works contained in an initial notice and such works relate to the provision of one or more dwellings, or one or more bedspaces in PBSA, the notice should contain detailed levy information for all works under the initial notice and be accompanied by evidence (see regulations 15 and 15A RBCA Regulations). If the works in the notice meet the levy charging conditions (see chapter 3 (https://www.gov.uk/guidance/building-safety-levy-guidance/section-1-introduction#chapter3)), the information at regulation 15(2A)(a) RBCA Regulations (as explained in chapter 11.2 (https://www.gov.uk/guidance/building-safety-levy-guidance/section-3-advice-for-developers-of-residential-buildings#chapter11-2)) should be included. If the works do not meet the levy charging conditions, the information at regulation 15(2A)(b) RBCA Regulations (as explained in chapter 11.3 (https://www.gov.uk/guidance/building-safety-levy-guidance/section-3-advice-for-developers-of-residential-buildings#chapter11-3)) should be included. The Levy information only needs to be included in the first commencement notice given for the initial notice.

The client is responsible for sending a copy of the commencement notice and accompanying levy information and evidence to the collecting authority within two working days (see regulation 15(2C)).

If the RBCA rejects a commencement notice for works that relate to the provision of dwellings and/ or bedspaces in PBSA, the RBCA will need to notify the collecting authority of such rejection within five working days of giving the rejection notice to the client (see regulation 15(3A)/ (3B) RBCA Regulations). The RBCA will also need to notify the collecting authority within five working days of becoming aware if the First-tier Tribunal upholds an appeal of such a rejection (see regulation 15(7A)/ (7B) RBCA Regulations).

The collecting authority will issue a levy liability notice or notice of no charge within 5 weeks (or 8 weeks if a spot-check is taking place) from the date on which it receives the commencement notice including levy information. This period could be extended if agreed in writing by the client and collecting authority, or if further information is required (see regulation 38 as discussed in chapter 8.3 (https://www.gov.uk/guidance/building-safety-levy-guidance/section-3-advice-for-developers-of-residential-buildings#chapter8-3)).

If no charge is due, a notice of no charge will be issued, which is confirmation that there is no levy charge for the application (see regulation 40).

If a levy charge is due, the levy liability notice will state the levy charge to be paid (see regulation 39).

A copy of the notice of no charge or the levy liability notice will be provided to the RBCA (see regulation 37(5)).

The levy can be paid at any point between receiving the levy liability notice and submitting a compliance declaration to the RBCA under regulation 18 RBCA Regulations, which the client must do when works have been completed. The whole levy charge for the initial notice must have been paid before the final certificate for any of the works contained within it can be approved by the local authority. It is up to individual collecting authorities to decide how they will receive payment (e.g. bank transfer), and they should make it clear to the client which payment methods are available.

Once the full levy charge for the works in the initial notice has been paid, a levy payment certificate will be issued by the collecting authority within 2 weeks. This is official confirmation that payment has been received and should be retained for client records. A copy will be provided to the RBCA.

23.3 Amendment Notices

If an amendment notice is submitted concerning works that relate to the provision or dwellings, or bedspaces in PBSA, it will need to include updated levy information (see the Annex to Form 2 at Schedule 1 to the RBCA Regulations). If the amendment notice is submitted before the commencement notice, this should be the same information as was included in the initial notice, updated to reflect the changes to works. This information is set out at chapter 11.1 (https://www.gov.uk/guidance/building-safety-levy-guidance/section-3-advice-for-developers-of-residential-buildings#chapter11-1).

If the amendment notice is submitted after the first commencement notice, the client will need to reconsider whether the works meet the levy charging conditions (see chapter 3 (https://www.gov.uk/guidance/building-safety-levy-guidance/section-1-introduction#chapter3)). If the works meet the levy charging conditions, the amendment notice will need to include the information set out at paragraph 2(a) in the Annex to Form 2 at Schedule 1 to the RBCA Regulations (as explained in chapter 11.2 (https://www.gov.uk/guidance/building-safety-levy-guidance/section-3-advice-for-developers-of-residential-buildings#chapter11-2)). If the works do not meet the levy charging conditions, the amendment notice will need to include the information set out at paragraph 2(b) in the Annex to Form 2 at Schedule 1 to the RBCA Regulations (as explained in chapter 11.3 (https://www.gov.uk/guidance/building-safety-levy-guidance/section-3-advice-for-developers-of-residential-buildings#chapter11-3)). In either case, supporting evidence (as explained in chapter 11.4 (https://www.gov.uk/guidance/building-safety-levy-guidance/section-3-advice-for-developers-of-residential-buildings#chapter11-4)) must be provided.

Where the amendment notice is submitted and there is an existing levy liability notice or notice of no charge, the collecting authority will issue a new levy liability notice or notice of no charge to the client (and send a copy to the RBCA – see regulation 42). The original levy liability notice or notice of no charge will be cancelled (and a copy sent to the RBCA – see regulation 43).

23.4 Final certificates

When the client makes a compliance declaration under regulation 18 of the RBCA Regulations for all or part of works in an initial notice which relate to the provision of dwellings or (bedspaces in PBSA), the client should confirm to the RBCA either that:
- (a) they have paid the levy charge in full covering all works contained in the initial notice, or
- (b) the local authority has issued a notice of no charge, which has not been cancelled.
This is known as a “levy liability statement”.

The RBCA will need to include a statement in the final certificate stating that the client has made the levy liability statement, and what it confirmed (see paragraph 15 to Form 5 at Schedule 1 to the RBCA Regulations). The RBCA will then send the final certificate to the local authority for acceptance.

On receipt of the final certificate, the local authority will check the statement against their collecting authority records of whether the levy was paid or not due (see regulation 63). The local authority can then accept the final certificate, providing all other building regulations requirements are met.

Grounds for rejection of final certificates by the local authority include non-payment of the levy (see paragraph 11 to Schedule 4 to the RBCA Regulations). If the local authority establishes that the levy has not been paid in full, they will reject the final certificate within the statutory 10 working day period for rejection. In this case, the levy charge should be paid in full before re-submitting a final certificate.