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🏗️ Employer Guide

The ECITB Levy in England, Wales and Scotland

Which engineering construction employers must register with the ECITB, the yearly Statutory Levy Declaration, the 1.2% and 0.33% rates, the exemption levels, paying and appeals.

📅 Last reviewed: 26 September 2026 📚 Sources: listed at the end, each checked on the date shown 🇬🇧 England, Wales and Scotland

Who this guide is for

Employers in England, Wales and Scotland whose business may be in engineering construction, and anyone doing their payroll or books, who want to know whether they must register with the Engineering Construction Industry Training Board (ECITB), make the yearly Statutory Levy Declaration, pay the ECITB levy or appeal an assessment. It covers:

What this guide does not cover

⚖ At a glance

What the rules depend on

  1. Does your establishment do engineering construction work? The main activities are building, installing, maintaining, repairing, testing or taking down the plant and machinery of process sites such as chemical works, power stations, oil refineries and oil and gas installations; designing, planning or supervising that work; putting up or taking down the steel or metal framework of a building or structure; and hiring out your staff to do that work. No: the ECITB levy does not apply (see "Am I in scope?").
  2. Is it wholly or mainly engaged in that work? The ECITB looks at the balance of the workforce's activities, counting full-time equivalents. Yes: every worker in the establishment is declared. No: it is not a leviable establishment.
  3. Where is the work done? Only work in England, Scotland, Wales or the offshore waters of Great Britain counts. This guide does not cover Northern Ireland.
  4. How much did you pay site-based workers, and how much did you pay everyone else, in the base period from 6 April to 5 April? Count employees and labour-only contractors. These two totals decide the levy and whether either exemption applies.

"Am I in scope?"

The ECITB levy is imposed under the Industrial Training Act 1982 by a Levy Order. The current one is the Industrial Training Levy (Engineering Construction Industry Training Board) Order 2026, which covers the levies for 2026, 2027 and 2028.

The activities that count are defined in the Industrial Training (Engineering Construction Board) Order 1991. The ECITB summarises them in its Statutory Levy Declaration Guidance Notes.

Principal activities include assembling, constructing, dismantling, erecting, fabricating, fitting, inspecting, installing, maintaining, repairing, replacing or testing on site the chemical, electrical or mechanical apparatus, machinery or plant of places such as chemical works, gas works, nuclear and thermal power stations, nuclear waste reprocessing sites, hydro-electric stations, oil refineries and oil terminals, oil and gas exploration and production, metal smelters, steel mills, paper mills, breweries and distilleries, food and pharmaceutical plants, cement works, glassworks, sewerage works and any other installation that processes a product.

Planning, designing, commissioning or procuring that plant in connection with that work, and supervising that work on site, are also principal activities.

Erecting or dismantling the main framework of a building or structure made of steel or other metal counts on any site, for example a supermarket, warehouse, stadium, farm building or office block.

Hiring out your employees to employers doing these activities, to do that work, also counts.

Related activities, such as design and drawing, testing, buying and transport, office, laboratory and warehouse work and training, count when they are incidental or ancillary to the principal activities.

An establishment can be the whole business or a separate, identifiable part of it, such as a division, a subsidiary or a project group. The ECITB looks at how the business is organised.

If 50% or more of an establishment's total workforce is engaged in principal and related engineering construction activities, it is mainly engaged in engineering construction and all its workers must be declared.

An establishment is assessed for a base period if it operated for at least 27 weeks in that period, which need not be continuous.

If the ECITB thinks your business may be in scope, it will contact you and ask for a Business and Activity Return. An ECITB director then decides whether the establishment goes on its Register of Leviable Establishments, and you are told in writing.

"Do I have to make a Levy Declaration?"

Every establishment on the ECITB's Register of Leviable Establishments must by law make a Statutory Levy Declaration each year, usually through the ECITB Connect online portal. If you cannot use the portal, ask the Levy Team about a printed declaration.

The declaration covers the base period from 6 April to 5 April that has just ended. The ECITB emails a request from April, and the completed declaration is due by 30 June.

An employer below the exemption levels must still complete the declaration.

If you miss the deadline, the ECITB estimates your pay figures and sends an estimated demand for payment, which may be more than the correct amount. It may also withhold grants and services until the declaration is in.

The ECITB's guidance says that failing to provide the information it asks for is a criminal offence, and a director or other officer responsible for the failure may be personally liable.

"Who and what do I declare?"

Site-based workers and all other workers are declared separately. A site-based worker is one who works 50% or more of the time on engineering construction sites in Great Britain or its offshore waters: any site where a product is processed, or where the main framework of a metal building or structure is put up or taken down. Someone who works on such a site counts as a site worker whatever job they do there.

Employees: declare all full-time and part-time employees working in Great Britain and their total gross emoluments, meaning pay before deductions, including overtime, notice pay, bonuses, statutory sick pay, statutory family pay and allowances paid as wages, but not employer pension contributions.

Labour-only contractors: declare agency staff, labour-only subcontractors, self-employed workers and people working through their own companies, where the work is done at your request and the agreement is wholly or mainly for labour, which the ECITB takes to mean more than 50% of the cost. Declare the gross payment for the labour, leaving out VAT, materials, plant and travel costs.

A contract where the contractor manages its own people to deliver a project, or where materials or plant make up most of the cost, is usually not labour-only. The ECITB's guidance gives examples, and its Levy Team can advise on a particular contract.

If you hired out workers to other engineering construction establishments in Great Britain, what you were paid for them (labour-only receipts) is taken into account so that the levy is not paid twice.

Workers who mainly worked overseas are counted in the declaration, but their pay is not declared and no levy is due on them.

"How much will I pay?"

Site-based workers: the levy is 1.2% of the total gross emoluments paid to site-based employees plus the total gross payments to site-based labour-only contractors in the base period.

If the total for site-based workers is less than £275,000 no levy is payable for site-based workers.

All other workers: the levy is 0.33% of the total gross emoluments and labour-only payments for all other workers mainly working in Great Britain.

If the total for all other workers is less than £1,000,000 no levy is payable for those workers.

The 2026 Levy Order keeps these rates and exemption levels for the levies for 2026, 2027 and 2028, payable in 2027, 2028 and 2029. The levy for the base period 6 April 2025 to 5 April 2026 is demanded in January 2027.

"How do I pay?"

If you owe levy, the ECITB sends a demand for payment (the assessment notice) in the January after the base period.

The levy is due on the last day of the one-month period that starts on the day the assessment notice is served on you. The ECITB cannot recover it while you have an appeal, or a request for more time to appeal, pending.

ECITB grants and services may be withheld while levy is overdue.

"Can I claim grants?"

All employers with establishments on the ECITB's register can use ECITB services and claim grants, even if they pay no levy.

Grants or services may be withheld if your declaration is late or your levy is overdue. This guide does not cover which grants are available or how much they pay: ask the ECITB.

"I disagree with my assessment"

A formal appeal is not always needed. The ECITB will review whether an establishment should be registered, or the levy assessed, if there are grounds, as long as you raise it before the levy becomes due.

You can appeal against the assessment to an employment tribunal, for example because the establishment was not wholly or mainly engaged in engineering construction during the base period, or because the levy was worked out wrongly.

You must appeal within one month beginning with the date the ECITB served the assessment notice on you. If the ECITB serves an amended assessment notice, the month runs from the date the amended notice was served.

The ECITB can allow more time. If it does not, an employment tribunal can allow it instead.

"How is the levy set?"

A levy order can cover up to three levy periods, all within three years of the order being made. It can be made if the ECITB has taken reasonable steps to find out the views of employers likely to pay, and more than half of them, who would pay more than half of the levy, think it is needed; the law also allows other grounds. In the October 2025 consultation, 85% of levy-paying employers, paying 98% of the levy, voted in favour, and Parliament approved the 2026 Levy Order in July 2026.

In March 2026 the government consulted on bringing CITB and the ECITB together into a single Industry Training Board for England, Scotland and Wales. This guide does not cover the outcome: check GOV.UK or ask the ECITB.

Deadlines you must meet

Money figures

Where to go for help

ECITB: 01923 260000, info@ecitb.org.uk. The Levy Team (Levy_Scope@ecitb.org.uk) deals with scope, registration, declarations, assessments and reviews. Help with the ECITB Connect portal is through the ECITB's Freshdesk support site.

Citizens Advice (England): 0800 144 8848

Citizens Advice (Wales): 0800 702 2020

Citizens Advice Scotland: 0800 028 1456

An accountant or payroll adviser: working out gross emoluments and labour-only payments for the declaration.

A solicitor: the ECITB says it cannot give legal advice, so if you are in doubt about scope or an appeal, get independent legal advice.

Traps

📜 Sources (checked 26 September 2026)

  • ECITB: Industrial Training Levy page (updated 28 July 2026: establishments wholly or mainly engaged in engineering construction are registered and assessed each year; all in-scope employers eligible for grants; Statutory Levy Declaration by law for work in Great Britain or its offshore waters; base period 6 April to 5 April; labour-only receipts; 1.2 per cent site rate and 275,000 exemption; 0.33 per cent other rate and 1,000,000 exemption; pay within one month of the demand, one instalment; grants and services may be withheld; 2025 levy consensus 85 and 98 per cent; Order approved July 2026, levies 2026 to 2028 payable 2027 to 2029; Levy Order 2026, Board Order 1991; 01923 260000, info@ecitb.org.uk, Levy_Scope@ecitb.org.uk) - checked 26 September 2026.
  • ECITB: Statutory Levy Declaration Guidance Notes 2025/26 (establishment meaning; principal, related and other activities from Schedule 1 of the 1991 Board Order; 50 per cent or more of the workforce, full-time equivalents, then all workers declared; 27 weeks; Business and Activity Return and Establishment Review Report; declaration by 30 June, estimated demand if none, withholding of services and grants, criminal offence for failing to provide information; gross emoluments and labour-only definitions and examples, more than 50 per cent labour; site worker meaning; overseas workers; demand in January, one month, one instalment; appeal grounds; review before the levy becomes due; ECITB cannot give legal advice; ECITB Connect and Freshdesk) - checked 26 September 2026.
  • ECITB news: Levy declaration window now open (2025/26 base period, deadline 30 June 2026, ECITB Connect) and UK Parliament enacts ECITB Levy Order (July 2026, rates and exemption thresholds kept) - checked 26 September 2026.
  • legislation.gov.uk: Industrial Training Levy (Engineering Construction Industry Training Board) Order 2026 (SI 2026/859), explanatory note (three levy periods 2026 to 2028; levy due one month after service of the assessment notice, article 14; appeal within one month unless time is extended, article 15) and article 15 (one month beginning with service of the assessment notice or an amended notice; further time from the Board, or from an employment tribunal where the Board has not allowed it) - checked 26 September 2026.
  • legislation.gov.uk: Industrial Training Act 1982 section 21(2) (apart from section 21(1A) and paragraph 4 of Schedule 3 the Act does not extend to Northern Ireland) - checked 26 September 2026.
  • GOV.UK: Industry Training Board reform, open consultation published 23 March 2026 (single ITB from CITB and ECITB; applies to England, Scotland and Wales) - as in our CITB guide, checked 26 September 2026.
⚠ Important disclaimer: This guide covers the ECITB levy in England, Wales and Scotland as at 26 September 2026. General legal information only, not legal advice. ukworkrights.co.uk — Not a law firm.

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