CIL Self-Build Housing Exemption - compliance certificate - Public forum - Planning Advisory Service (PAS)
CIL Self-Build Housing Exemption - compliance certificate
We have a dilemma in that we have a number of properties that have been granted CIL Self-Build Exemption - Part 1, that are currently occupied, and in one example is being billed for Council Tax. Despite being occupied these properties have never been issued with a Building Regulations compliance certificate. Although confident that some of these cases would be in breach of the CIL Self-Build Housing Exemption - Part 2 provisions, if sought, we can not see a way to take any enforcement action due to the lack of the compliance certificate to trigger the 6 month completion period to utilise the clawback provisions/ assess the Part 2 claim and recover the CIL where necessary. We sought legal advice for the first case when this situation occurred and were told we were stuck until the compliance certificate is issued, however we have recently discovered a handful more cases. I was wondering if anyone else had been in this situation and had been successful in the recovery of the CIL in the absence of the compliance certificate when there is no obvious mechanism to do anything?
Self Build part 2 is due within 6 months of the date of completion on a completion certificate. If there is no completion certificate there is no trigger to submit self build part 2. The disqualifying event would be not returning the proofs within 6 months of the completion certificate.
I'm curious what the reason for the disqualification event?
We tend to just monitor those we have in that situation and annually send them a reminder letter so they can't claim that they were not informed by the council of their responsibilities and that they are aware that the three year claw back begins from the date of completion and not from when they moved into the property.
As long as the Demand Notice is in place as a land charge it SHOULD get queried by a solicitor (along with the missing certificate) if they try and sell and then you can recover the money.
Thanks Stuart.
The problem is the houses are complete but have not received Building Regs sign off thus we can see no way to enforce as there technically has not been a disqualifying event. The land charge acts as no incentive as some of the houses we believe are tenanted, so there is no pressure for the developer to comply.