RE: CIL - demolition and rebuild of existing dwelling

2016-09-30T10:11:30Z

Hi Hayley,

As it is a creation of a new dwelling, then it is CIL Liable (regardless of size).

The whole of your proposed house is the CIL Liable floorspace. However, you need to then determine the CIL Chargeable floorspace.

Under Reg.40, the CIL chargeable floorspace is calculated as new floorspace (whole of NEW development - which is basically the area of anything new developed, ignoring anything demolished. This will be the whole proposed house in this case). You then need to deduct the demolished floorspace (so long as its not demolished before approval of the application) if it has been use for 6 consecutive months of the previous 36 months.

That will mean that yes, you will be charging CIL on 40sqm.

You are quite right though that if they kept the exisiting house, and just extended it by 40sqm then they would not be CIL liable under Reg.42.

CIL - demolition and rebuild of existing dwelling

2016-09-30T09:50:44Z

Hi all,

I've tied myself in knots over this, so any advice gratefully received. It's probably straightforward but I've been reading the regs for too long!

PA received to demolish and rebuild an existing dwelling with an increase of 40sqm GIA.

Reg42 states new build floorspace (comprising new buildings and enlargement to existing) will not be liable if less than 100sqm. However, this para does not apply if development comprises one or more dwellings (does not state new or otherwise).

Does this mean I need to charge CIL on 40sqm? Replacement of a single, family dwelling with another will not add any additional pressure to existing infrastructure, and seems to contradict the ability to subdivide property into flats without a CIL charge, as long as there's no additional floorspace? Similarly, the applicant could keep the existing dwelling, and build a 40sqm extension and be exempt from CIL?

Thanks, Hayley