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Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - Heddiw

Self-build relief clawback

Brendan Troy, Addaswyd 7 Years yn ôl.

Self-build relief clawback

New Member Postiadau: 7 Dyddiad Ymuno: 26/07/2012 Bostiadau diweddar

Hi,

In this case self-build relief has been granted and development has commenced after reciept of a commencement notice. The site has subsequently been sold before completion. As such there has been a disqualifying event. The person that claimed relief has not informed us of the disqualifying event. 

The person that claimed the relief and not the new landowner is liable for the CIL payment (plus a discretionary 20%). Is that right?

Carol Gore, Addaswyd 7 Years yn ôl.

RE: Self-build relief clawback

Enthusiast Postiadau: 42 Dyddiad Ymuno: 20/10/2011 Bostiadau diweddar

Hi Brendan,

In order to claim Self-Build Relief, they have to submit CIL Form 1 - Assumption of Liability, as well as CIL Form 7, Part 1, so yes, the person named in CIL Form 1 is the party from whom you need to recover the CIL Liability (Reg.54D). You can apply surcharges if you wish (20% of the CIL or £2500 - whichever is lowest), and must apply late payment interest (Reg78).

However, the regs do allow you to collect from the landowner (so long as every effort has been made to recover it from the liable party first).  Reg.36 outlines what to do in the case of a default of liability.

I have a little sympathy for the new landowner if this occurs, but not much, as they have either chosen to ignore the Local Land Charge registered against the land, or foolishly bought without carrying out the required searches.