Planning Advisory Service (PAS)

RE: CIL self build and Unilateral undertakings

2026-03-03T07:54:37Z

Thanks James - that is very helpful.

RE: CIL self build and Unilateral undertakings

2026-03-01T07:26:46Z

Hi Jayne,

In my experience, there should have been a simple phasing plan which separates out the Infrastructure, Market and Self-Build stages, allowing the developer to commence each of these sections separately. The self-build buyer is right to need the infrastructure installed before they buy their plot…indeed this is a typical lender requirement because the land doesn’t become a ‘plot’ until it is serviced and access provided. If there was no phasing plan with the application, then I would suggest there is no way around and the applicant should remedy this (hopefully with an NMA?).

For what it is worth, I’m not sure I agree with Rick. Just because a CIL exemption has been granted on paper, it does not crystalise until development is commenced. So if development of the whole site is commenced, then what is the requirement at the time? If the plot buyer hasn’t yet purchased the plot, there is no way for them to acquire the self-build exemption. It is the plot buyer who gains the exemption, not the developer, so if the developer commences, then they must pay the CIL on the unit (along with the market dwellings).

RE: CIL self build and Unilateral undertakings

2026-02-26T09:55:58Z

Thanks Rick - I agree. I appreciate your feedback.

RE: CIL self build and Unilateral undertakings

2026-02-26T09:43:52Z

Hi Jayne, We haven't had a situation similar to the one you describe but my interpretation would be that it would rest on whether the applicant had applied for a CIL self-build exemption and received confirmation of the part 1 exemption prior to commencement. If this has not been confirmed then CIL would be chargeable on the whole floorspace, irrespective of how the development has been described in the planning application and UU.

CIL self build and Unilateral undertakings

2026-02-25T15:19:36Z

Hello - I have another question for you.

My colleague has a case where a UU has been signed in respect of a planning permission. The plot consists of 3 market dwellings and a self-build plot and is detailed as such in the UU. However, the self builders will not purchase their individual plot until after work has commenced to put infrastructure in place. My view is that once permission is granted we must start the CIL process and assess liability based on the situation at that time. If the plot is sold prior to commencement, we reassess the CIL liability and any self build application. If work commences prior to any onward sale of plots, the developer / LP is liable for the CIL at that point. However, the UU contradicts this.

Has anyone come across this situation before and if so, what was the outcome?

Thank you.

RE: CIL stop notice

2026-02-24T11:19:00Z

Hi Evan, in exceptional circumstances we have collected the CIL due at point of sale through the solicitor handling the sale. This would then include enforcement sums and late payment interest. Having no alternative with the one builder for permission A, he had not told us of commencement, the same builder tried to go down the route of anticipating he could do the same again on permission B which we had to quickly put a stop to.

RE: CIL stop notice

2026-02-24T11:08:06Z

I haven't encountered that situation yet, but I believe an agreement would be made at a higher level to extend the time period for payment. However, this is a large developer and there is no indication that they are struggling for money so I don't think that is an appropriate course of action yet. Thanks for your input though.

RE: CIL stop notice

2026-02-24T11:01:04Z

I've seen builders struggle to pay until the property is sold, how do you deal with such a situation?

RE: CIL stop notice

2026-02-24T08:14:06Z

Thanks Louise.

RE: CIL indexation – outline vs reserved matters applications

2026-02-24T08:13:14Z

Hi Rebecca. We apply the indexation rate on the permission that is built, so the reserved matters in this scenario. Similarly, if a S73 application is later submitted, this would take precedence. We use Exacom and there is a setting to choose Outline or Reserved Matters for indexation (ours is set to reserved matters). Hope that helps.

RE: CIL stop notice

2026-02-23T08:27:34Z

Hi Jayne, recommend you keep on monitoring this. At least they are in dialogue with you. We would recommend a site visit to establish how far the build has progressed. Stop notices lose a lot of their effectiveness if the development is already built so you would want this on before the build has for example reached roof level. In terms of timing this is set out in the CIL Regulations although you do need to impose a Warning Stop Notice first.

RE: CIL indexation – outline vs reserved matters applications

2026-02-23T08:14:51Z

Hi Rebecca, we also calculate using the pyi from the year outline permission was granted for the same reasons as Claire.

If you use Exacom for CIL - the Admin section lets you choose whether to Index on Outline or Reserved Matters so I think there must be differences across authorities.

RE: CIL - s73 Abatement

2026-02-19T09:22:18Z

Hello Claire, Thank you for providing clarity on Legislation, it has been most helpful. Kind regards Suzanne

RE: CIL indexation – outline vs reserved matters applications

2026-02-19T08:34:41Z

Hi Rebecca,

I sort legal advice on this and the result was that we take the index from the outline planning permission decision date. The advice I got was that a reserved matters application is not a planning permission in its own right. The CIL regulations state that the Ip rate is for the calendar year in which planning permission was granted, and therefore the outline planning permission is the relevant date. However, I know there has been much debate about this.

Kind regards

Claire

RE: CIL - s73 Abatement

2026-02-19T08:24:27Z

Hi Suzanne,

You are quoting the legislation for 74B Abatement: implementation of a diffierent planning permission, but S73 applications come under 74A Abatement: section 73 applications which does not state that 75 does not apply.

Regulation 75 specifically states in paragraph 4 that the interest applied to overpayments in paragraph 3 does not apply to overpayments that result from a S73 application. Therefore, implying that overpayment for S73 should be refunded but without interest.

I have refunded overpayments resulting from S73 applications, but not refunded applications where a different planning permission is implemented.

Hope this helps.

Kind regards

Claire

CIL - s73 Abatement

2026-02-18T16:19:48Z

Hello, we have just approved a s73 in which the abatement (credit) is larger than the new CIL charge. The developer has paid the full CIL liability on the original development and applied for abatement.

I have been advised that some LA's refund the excess and some dont!

Legislation states:

(14) The difference between the amount paid in relation to A and amount due in relation to B after any abatement has been granted under this regulation is not to be treated as an overpayment for the purposes of regulation 75.]

What is the general consensus on this please?

CIL stop notice

2026-02-18T11:10:01Z

We are a relatively inexperienced team dealing with CIL and S106 with no experience of issuing a stop notice. I have a development of 25 houses - the first CIL instalment was due on 1 December and the second and final instalment was due on 1 January. Neither have been paid. I have added a surcharge and some late payment interest and I've spoken to my contact at the developer's office. I've issued updated demand notices with a warning note about the consequences of non-payment. They've said there are technical issues with online banking and have promised to prioritise the payment as soon as possible. My question: is there any standard timeframe for going down the stop notice route? I will continue to chase regularly for the payment, but need to know at what point it is fair to enforce the stop notice. Thanks in advance for any guidance anyone can provide.

CIL indexation – outline vs reserved matters applications

2026-02-18T10:45:23Z

Hi all,

I’m looking to gather insight from LPAs on how you apply CIL indexation in your planning process. Specifically, when you issue planning permission for a scheme that has both an outline planning application and subsequent reserved matters applications:

Which permission do you apply CIL indexation to?
• Do you index from the outline planning application stage?
• Or do you apply indexation at the reserved matters application stage?

Thanks in advance!

RE: CIL question

2026-02-09T17:04:26Z

Can they provide evidence of lawful use of the original and therefore offset that to 0 so that only the extension is liable? They could then apply for extension relief?

What does the planning description say?

CIL question

2026-02-06T13:19:20Z

A client bought a property at auction that they were planning to live in, refurbish and extend. The refurbishment works were more extensive than expected (once a surveyor have been appointed post-auction) therefore they decided to live in temporary accommodation whilst both the refurbishment and extension takes place.

Whilst CIL reads that it should apply to extensions and new build, they are needing to rebuild 100m2 and then extending by a further 85m2. The local council view is that the new build element is 185m2, of which 100m2 is being demolished and rebuilt therefore CIL is due on 85m2.

Self build exemption seems not to apply as it is not an entirely new build property. If it did, they are committing to be in the building for 3 years following completion which is not an issue

Residential exemption requires it to currently be their main residence so that doesn't apply either as the property is currently unoccupied due to the condition (it was being lived in six months prior to their purchase but they did not want to live in a building site with a 9 month old baby which is perfectly understandable).

I have seen mention of 'temporary absence' being used an exception, but can't find any explicit details on how they might claim temporary absence. Mould etc and a new baby seems like a reasonable reason for a temporary absence, even though this absence means they have never actually lived there.

Does anyone have any suggestions that might be able to help them? The CIL payment would be £30k so not a small amount. It doesn't feel right that if they build from scratch there is an exemption, if they just added the 85m2 extension there is an exemption but because they need to also rebuild some of the existing building that exemption disappears and they are then liable to the tune of £30k.