CIL self build and Unilateral undertakings

RE: CIL self build and Unilateral undertakings

2026-03-17T08:19:07Z

Thank you.

RE: CIL self build and Unilateral undertakings

2026-03-16T09:35:19Z

So long as the Self Builder has submitted CIL Form 2 and CIL Form 7 Part 1, and you have granted Self-Build, it matters not if they own the plot at that time. They have accepted liability. (much like a person on any development an accept liability without being the owner).

The only time ownership comes into play is when CIL Form 7 Part 2 is required.

There is nothing in the regulations requiring a self builder to own the plot they request self-build on at the beginning. Reg54B:

Exemption for self-build housing: procedure
54B.—(1) A person who wishes to benefit from the exemption for self-build housing must submit a claim to
the collecting authority in accordance with this regulation.
(2) The claim must—
(a) be made by a person who—
(i) intends to build, or commission the building of, a new dwelling, and intends to
occupy the dwelling as their sole or main residence for the duration of the
clawback period, and
(ii) has assumed liability to pay CIL in respect of the new dwelling, whether or not
they have also assumed liability to pay CIL in respect of other development;
(b) subject to paragraph (3A), be received by the collecting authority before commencement
of the chargeable development;
(c) be submitted to the collecting authority in writing on a form published by the Secretary of
State (or a form substantially to the same effect);
(d) include the particulars specified or referred to in the form; and
(e) where more than one person has assumed liability to pay CIL in respect of the chargeable
development, clearly identify the part of the development that the claim relates to.

Ergo, even if it is not phased, they need to submit CIL Form 6 when the development itself commences in order to avoid the mandatory surcharge, but other than that, so long as they own the plot at the time CIL Form 7 Part 2 falls due, and live in the property and comply with CIL Form 7 Part 2 document submission requirements, then they are eligible for that relief.

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.