Re: Fire etc destroyed buildings - Public forum - Planning Advisory Service (PAS)
Grŵp agored
|
Wedi dechrau - Gorffenaf 2012
|
Gweithgaredd diwethaf - May
Re: Fire etc destroyed buildings
We specialise in the provision of supplying residential and commercial property owners with building valuations/reinstatement cost assessments for insurance purposes. Our valuations assume the factory, warehouse, block of flats etc is destroyed (say by fire) and needs to be rebuilt from scratch. In this scenario, where an existing building is rebuilt to the same size, specification and use as existing, would the CIL be applicable to an otherwise eligible development? What would the position be if, say, there were 3 buildings on the same site and only one was destroyed? Would it be subject to the CIL? The CIL has significant implications for the insurance of buildings and the insurance industry and a definitive answer, consensus of opinion or discussion would be appreciated. Roger Corp.
An interesting question Roger. It seems very harsh and I can't believe that it was the intention of the legislators but I think that the effect of the wording of the Regulations is that CIL would be payable if it took more than six months to apply for and receive a PP for the rebuilding. That's assumig of course that the building was actually in use at the time of its destruction. I think that the Regs should be amended to make it clear that the rebuilding of a building following its accidential destruction should not attract CIL (except on any additional floorspace). Does anybody disagree?
Tony, thank-you for your reply. Would you mind confirming the significance of the 6 months period to obtain and receive PP for rebuilding. Are you saying if PP takes less than 6 months, CIL is not chargable? Is it actually feasible for the Regs to be amended at this late stage so that a building destroyed and rebuilt would not attract CIL?
Roger, In order to benefit from the allowance for floorspace lost to demolition, at least part of the building must have been "in use for a continuous period of at least 6 months within the period of 12 months ending on the day planning permission first permits the chargeable development" - Reg 40 of the CIl Regulations. The 2010 CIL Regulations have already been amended twice. Any further amendments are possible subject to the required parliamentary procedure.