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CIL self build disqualifying event?

Former Member, modified 2 Months ago.
CIL self build disqualifying event?

Hello,

My brother was approved for CIL exemption as he was going to self build and live in a new property, to be built on my land. He submitted a commencement notice, so the build had officially started and therefore initiating the first part of the exemption. The footings were dug out and filled in and the oversite completed. Then covid hit and things came to a halt. After a couple of years and a bout of ill health, he decided to drop the project and I took it over. I have now completed the build and I am intending to move into the property. As he had signed the assumption of liability and the commencement form, am I now liable for the CIL payment even though I have  built and managed almost the entire build, on my own land, and intend moving in to the property?  The CIL amounts to over £30k, so it will hit hard if I have to pay it.

Thanks

Paul

 

David Attmore, modified 2 Months ago.
RE: CIL self build disqualifying event?
New Member Posts: 18 Join Date: 30/03/20 Recent Posts

Hi,

Reading the CIL Regulations I believe that you will be liable to pay the CIL charge. Unfortunately I don't think there is any leeway regarding the self-build exemption. 

Reg 54D relates to the withdrawal of self-build exemption.

Thanks,

David

Former Member, modified 2 Months ago.
RE: CIL self build disqualifying event?

Thanks for your reply David, that is what I was thinking. Thought it was best to get another opinion.  

David Davies, modified 2 Months ago.
RE: CIL self build disqualifying event?
New Member Posts: 10 Join Date: 19/11/18 Recent Posts

Hi Paul

My planning authority is currently initiating procedures to ensure that applications for csb (by the intended builder) are enforced, ie attaching planning conditions linking to the original "self-builder", requiring the development description references csb etc. (This has come about largely because of the situation of the BNG exemption btw). My reaction on reading your question, would be to ask (parking the CIL question), as you "finished" plans prepared by/for another person who was the original "self-builder", would you be in breach of condition in any way if you occupied the dwelling? Note a self builder need not be the actual applicant as such, although presumably would have to own the land in question. Thanks