CIL stop notice - Public forum - Planning Advisory Service (PAS)
CIL stop notice
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.
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.
Thanks Louise.
I've seen builders struggle to pay until the property is sold, how do you deal with such a situation?
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.
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.