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Scottish Government Consultation: Scottish Building Safety Levy

Argyll and Bute Council · 20 November 2024
Back to Planning, Protective Services and Licensing Committee — 20 November 2024 and its agenda

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ARGYLL AND BUTE COUNCIL  PLANNING, PROTECTIVE SERVICES
AND LICENSING COMMITTEE 
DEVELOPMENT AND ECONOMIC
GROWTH 
20 NOVEMBER 2024 
SCOTTISH GOVERNMENT CONSULTATION:  SCOTTISH BUILDING SAFETY
LEVY 
1.0 INTRODUCTION 
1.1 The Scottish Government has launched a consultation on the proposed
Building Safety Levy, which would apply to the construction of new residential
buildings. The Scottish Government is seeking views and evidence on how the
Levy should be structured and operate, based on the distinct characteristics
and needs of the housing market in Scotland. Revenue from the Levy will be
used to support the Scottish Government's Cladding Remediation Programme.
The consultation closes on 18 November 2024. 
2.0 RECOMMENDATIONS 
2.1 It is recommended that members consider and approve the proposed council
response to the Building Safety Levy consultation. 
3.0 DETAIL 
3.1 The Scottish Government is seeking views on the introduction of a tax on new
residential developments, to be paid by developers.  This is in response to
unsafe cladding that has been installed on thousands of high and medium rise
buildings across the UK including Scotland. 
3.2 Following England's lead, the new tax – the Building Safety Levy – would take
the form of an additional charge to support the Scottish Government's work to
remediate cladding in existing residential buildings. 
3.3 In England, the UK Government intends to raise the majority of the funding for
its work to remediate these buildings through a Building Safety Levy, paid for by
developers in the residential property development sector. The UK
Government’s decision to create this Levy in England-only means that Scotland
will receive no consequential funding from its introduction. "This creates a gap
in our funding arrangements, and the need to address this gap must be
considered in the context of an incredibly challenging medium-term outlook for
public finances," it said.

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3.4 A consultation for the Scotland Building Levy opened in September and
runs until 18 November 2024. It focuses on the principles of introducing a
Levy on new housebuilding, to support cladding remediation work. It is
seeking views, both positive and negative – to understand the impact the
Levy could have. It asks who should pay, and who should be exempt; how
the Levy should be calculated; how the Levy should operate – when will it
be charged, and how will it be collected. 
3.5 It also asks questions around compliance – what kind of powers might be
needed to enforce the Levy; how long the Levy should run for; and how
developers and the wider housing supply chain might be affected by the
introduction of the Levy. 
3.6 "Responses to this consultation and the associated programme of
engagement will support the policy development for a potential future
Building Safety Levy in Scotland," the Scottish Government said in a press
release. "If the powers to allow Scottish Ministers to introduce a building
safety levy are devolved to the Scottish Parliament, then responses will also
support development of a future Bill that provides for a devolved tax." 
3.7 A Partial Business and Regulatory Impact Assessment (BRIA) has also been
published, which provides the government's initial view of the costs, benefits
and risks that the Scottish Building Safety Levy may have if introduced. This
link to the consultation supporting documents provides relevant information
pertinent to each question.  A draft response to each question is included in
Appendix 1 of this report for Member’s consideration. Information on the
consultation can be found via this link.  Scottish Building Safety Levy:
consultation - gov.scot  Overall the response as drafted calls for rural areas
such as Argyll and Bute to be exempted from this levy for a number of reasons
outlined in the consultation response and paragraph 3.8.   
3.8 Whilst it is important to recognise that in the interests of public safety this
cladding needs to be removed from these buildings as soon as practicable
the introduction of a building safety levy could have negative implications
for the future of delivery of housing in our area where we have declared a
housing emergency.  In addition, the rural nature of our area and the
predominance of older housing stock and low rise new build means that
there is a limited number of buildings in our area that has to deal with this
issue. That said, the Scottish Government hopes to raise circa £30m per
annum to address the cladding issue as this is a devolved matter following
the UK Government approval for the Building Safety Bill to be published in
Scotland. If the levy is therefore rejected the bill is still likely to fall on
Scottish tax payers in some form.   
4.0 CONCLUSION 
4.1 The Scottish Government has launched a consultation on the Building Safety
Levy that is intended to be applied to new residential buildings.  The
consultation covers a range of different issues including possible exemptions,

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methods of collection and identification of impacts.  The proposed council
response to the consultation questions has been included in Appendix 1 of
this report.  Given the housing emergency and the current difficulties in
delivering new housing across Argyll and Bute  and the limited use of high
and medium rise buildings across Argyll and Bute it is considered that an
exemption be applied to our Local Authority area.  That said, it has to be
acknowledged that there is a need to remove this form of cladding as soon as
practicable from affected buildings and that the money for this will likely have
to come from the tax payer.   
5.0 IMPLICATIONS 
5.1 Policy – None arising from the report.
5.2 Financial – None arising from this report however if the levy was
introduced there may be resource implications placed on the council.
5.3 Legal – None directly arising from the report.
5.4 HR – None directly arising from the report.
5.5 Fairer Scotland Duty - 
5.5.1 Equalities – Impacts are being assessed by the Scottish
Government.
5.5.2 Socio-economic Duty – Impacts are being assessed by the
Scottish Government.
5.5.3 Islands – included in response.
5.6 Climate Change – Cladding was installed to assist energy conservation
in buildings helping to reduce heating costs and assist the delivery of
net zero.  Unfortunately the use of flammable cladding systems will
require their removal and they will need to be replaced.
5.7 Risk – None arising from the report.
5.8 Customer Service – None arising from the report.
5.9 Rights of the Child (UNCRC) – The Scottish Government is considering
potential impacts on the rights of the child. 
Executive Director with overall responsibility for Development and
Economic Growth: Kirsty Flanagan 
Policy Lead for Planning and Regulatory Services: Councillor Green 
For further information contact: 
Fergus Murray, Head of Development and Economic Growth:
fergus.murray@argyll-bute.gov.uk 
APPENDICES 
Appendix 1: Scottish Government Consultation:  Scottish Building Safety Levy
Draft consultation response

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Appendix 1: Scottish Government Consultation:  Scottish Building Safety Levy
Draft consultation response
Question 1
Do you think a new tax on housebuilding, paid by developers, is a fair way to
generate revenue to fund the Scottish Government’s Cladding Remediation
Programme?
Please give reasons for your answer
No within the context of a Rural Authority.  The delivery of house building in rural
areas such as Argyll and Bute has become increasingly difficult due to increasing
construction costs including the additional requirements of new legislation.  For
example, the requirement to install sprinkler systems in affordable housing and
increased energy efficient measures. 
At this current time in Argyll and Bute the private sector has only provided 16% of the
new housing required for a population that we see across Argyll and Bute.  The cost
of building has often been cited as a major reason for this lack of new build and
relatively low income levels which limits people’s ability to raise affordable finance. 
The burden of house delivery across Argyll and Bute consequently lies with the
public sector and Housing Associations that also struggle with increased costs of
delivery.  A new levy will add to this financial burden for Housing Associations and
undermine the viability of future housing sites across Argyll and Bute. 
Question 2
Do you agree that homes delivered through the Scottish Government’s Affordable
Housing Supply Programme should be removed from the Scottish Building Safety
Levy?
Please give reasons for your answer
Yes, the delivery of house building in rural areas such as Argyll and Bute has
become increasingly difficult due to increasing construction costs including the
additional requirements of new legislation. For example, the requirement to install
sprinkler systems in affordable housing and increased energy efficient measures.
With very low levels of private sector build across Argyll and Bute (only 16% of what
should be provided by the private sector for a population the size of Argyll and Bute)
housing delivery relies on the public sector and work through Housing Associations
and they are finding delivery of housing increasingly difficult to deliver viable housing
sites due to rising construction costs and skills shortages. 
Question 3
What are your views on the principle of removing smaller developers from charge of
the Scottish Building Safety Levy?
Agreed the construction sector in Argyll and Bute predominately consists of small

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and medium sized businesses that are currently struggling with cash flows,
additional costs and accessing affordable finance for their businesses.  The
introduction of an additional levy at this time would add to this burden at a time of
increasing legislation demands such as NPF4 requirements and changes to building
regulations. 
Question 4
If you agree that small developers should be removed from charge under a Scottish
Building Safety Levy, what are your views on the method of determining who is a
smaller developer?
The council considers that rural authorities such as Argyll and Bute should be
excluded from this levy. That said, the Government may wish to consider the number
of units that are delivered on an annual basis and an analysis of the proportion that
are affordable housing funded through Affordable Housing Supply channels and that
are part of the private housing supply.
Question 5
Are there any other exemptions from the Scottish Building Safety Levy that you think
should be considered by the Scottish Government?
Rural Authorities should be made exempt from the levy to simplify the collection
process and taking account of the costs of delivery in rural and remote rural areas
including island communities. 
Question 6
Are there any types of development listed in the exemptions above that you think
should not be exempted from the Scottish Building Safety Levy?
No
Question 7
Do you have any comments on exemptions not covered by the previous questions
that you wish to raise?
No
Question 9
In cases where a property is not sold on the open market, what alternative valuation
could be used to calculate the Scottish Building Safety Levy to ensure proportionality
with the market value of the property?
It is important to understand that the costs of actual construction can exceed market

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value in parts of Argyll and Bute particularly in remoter and island areas. Affordable
housing built by social housing providers (councils, community trusts and housing
associations) need to be excluded from the levy as all it will do is add costs that may
undermine the viability of delivery at a time of a housing emergency. 
Question 10
In relation to Question 9, do you have any information on valuations undertaken
during the building standards process that would be useful for the Scottish
Government to consider?
Estimates are provided on build costs linked to warrant fees this is potentially a good
indicator of the nd value of a particular property. 
Question 11
What are your views on using one of the following alternative methods of calculation
for the Scottish Building Safety Levy:
• Flat rate per unit
• Rate based on the size (per square metre) of the property)
• Rate based on the number of bedrooms of the property
• Rate based on the cost of building works of the property
No opinion
Question 12
Do you think there should be a different rate applied on brownfield developments?
Not in relation to this levy.  Brownfield needs to be the first choice for new
development however if the levy was to be applied to rural authorities there is very
little brownfield available in most areas  and the costs of delivery on greenfield can
be high due to a lack of services, access issues and ground conditions.
Consequently applying a higher rate to greenfield development could impact on
housing delivery in these areas particularly where economies of scale is already a
factor. 
Question 13
Do you agree that liability for the Scottish Building Safety Levy should arise in
relation to the issuance of acceptance of a completion certificate?
Please give reasons for your answer
Yes as this is accepted position that a building is able to be occupied. 
Question 14

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Do you agree that Revenue Scotland should act as the revenue authority for the
Scottish Building Safety Levy?
Please give reasons for your answer
Yes, however the view of the council is that this levy should not be applied to a
predominately rural authority such as Argyll and Bute. 
Question 15
Which of the following schedules do you think is the most appropriate for the
frequency of returns:
a) Per unit
b) Monthly
c) Quarterly
Please give reasons for your answer.
Quarterly to reduce the administrative burden 
Question 16
Do you agree that, in relation to the Scottish Building Safety Levy, the tax authority
should have the investigatory and enforcement powers set out in Annex B?
If you answered no, please give reasons for your answer.
Yes
Question 17
Do you agree that there should be no active conditionality between the issuance of
each completion certificate and payment of the Scottish Building Safety Levy?
If you answered no, please give reasons for your answer.
Yes
Question 18
What are your views on introducing additional sanctions for taxpayers where
Revenue Scotland deem there to be persistent or major non-compliance in paying
the Scottish Building Safety Levy?
Additional sanctions will need to be applied where a taxpayers does not comply with
Government legislation and others are complying as what happens elsewhere in the
tax system.

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Question 19
Are there specific aspects of the housebuilding industry that may require a different
approach to compliance than set out above?
No opinion
Question 20
Do you agree with our proposals for dispute resolution in relation to the Scottish
Building Safety Levy?
If you answered no, please give reasons for your answer.
Yes
Question 21
What are your views on having a sunset clause or end date for the Scottish Building
Safety Levy?
This will need to be applied given it’s a tax used to fix an inherent problem that
hopefully will not be added to. 
Question 22
Do you think there should be a regular review for the Scottish Building Safety Levy?
Yes as it is important to ascertain the effectiveness of any tax being collected.
Please give reasons for your answer
Question 23
Do you have any information which could inform any final Business and Regulatory
Impact Assessment (BRIA) relating to the Bill?
No
Question 24
Are you aware of any examples of particular current or future impacts, positive or
negative, on young people, (children, pupils, and young adults up to the age of 26) of
any aspect of the proposals in this consultation?
No
Question 25

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Are you aware of any examples of potential impacts, either positive or negative, that
you consider any of the proposals in this consultation may have on the environment?
No
Question 26
Are you aware of any examples of how the proposals in this consultation may
impact, either positively or negatively, on those with protected characteristics (age,
disability, gender reassignment, marriage and civil partnership, pregnancy and
maternity, race, religion or belief, sex and sexual orientation)?
No
Question 27
Are you aware of any examples of potential impacts, either positive or negative that
you consider any of the proposals in this consultation may have on groups or areas
at socio-economic disadvantage (such as income, low wealth or area deprivation)?
No
Question 28
Are you aware of any examples of how the proposals in this consultation might
impact, positively or negatively, on island communities in a way that is different from
the impact on mainland areas?
It is the opinion of the council that the levy being applied to island communities will
disproportionally add to the cost of delivery which is already under significant
pressure as it is impacting on total numbers being built on our islands. Adding
additional costs through the levy would run counter to other initiatives being taken
forward by the Government such as the Islands National Plan and work to boost
population in areas suffering from depopulation such as Argyll and Bute.  The
Government has also recognised the impact of rising housing costs in plans such as
the Rural and Islands Housing Action Plan.  The imposition of this levy would add to
this financial burden and further undermine the viability of delivering new housing
sites unless additional public funding was made available.