RE: CIL exemption for residential extensions - Public forum - Planning Advisory Service (PAS)
RE: CIL exemption for residential extensions
Dear all,
I would appreciate any views on the following:
Regulation 42A (1) (b) of the CIL regulations as amended states that a person (P) is exempt from liability to pay CIL in respect of development if
“P occupies the main dwelling as P’s sole or main residence”
1. In a case where P does not currently occupy the main dwelling as their sole or main residence does P then fail to benefit from the exemption?
In this instance, P does not currently occupy the main dwelling as their sole or main residence because P is renting another dwelling until the extension is complete and has informed us that they then intend to move into the main dwelling.
2. Do the regulations allow me to differentiate between this scenario (scenario A) and a scenario when P does not occupy the main dwelling as their sole or main residence because P rents the main dwellings for commercial purposes (scenario B)?
3. If I do not differentiate and therefore do not exempt P from CIL in scenario A, and P is aggrieved, what remedy is available to P?
The regulations do not appear to provide an appeal for exemption for residential extensions.
Many thanks,
Sinead
REBECCA STADDON, modified 8 Years ago.
RE: CIL exemption for residential extensions
Advocate Posts: 103 Join Date: 05/09/13 Recent PostsSinead,
This is a tricky one that I have not come across in my time as a CIL Officer.
(P) definitely has to occupy the main dwelling as his sole or main residence, so to answer your question 2 first, my understanding of the Regs is that they cannot claim the self-build relief on a property that they rent out for commercial gain.
However, the Regs don't state when they have to occupy the main dwelling. It is not uncommon to move into a property after all work has been completed.
Could you grant the releif on the understanding that evidence of occupation is submitted within a certain timeframe of completion of the work? Evidence such as council tax bills, utility bills etc?
This will be interesting for many of us so please let us know the outcome :)
Beckie
If P occupied the property and then only temporally moved out into a rented property whilst the building works are carried out, I think that we would grant the exemption.
I know that it seems harsh, but if P has never occupied the property and only intends to move in once the works are complete then I think that the effect of the Regs. is that the exemption can't be granted.
Nicki Faulkner, modified 1 Month ago.
RE: CIL exemption for residential extensions
New Member Posts: 4 Join Date: 11/07/22 Recent PostsGood afternoon,
I appreciate that this thread was started 8 years ago, but I wonder if I could bring it back by asking whether anyone has any experience of this more recently ie. where (P) can't fully meet test 42A (1) (b) at the time of the application (due to living in a rental property whilst rennovation works are taking place), but would occupy the dwelling once the works are complete. Could I ask whether the suggestions above have been used, and any outcomes from the use of those approaches?
Any experience of this, and approach taken would be gratefully received.