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s106 exemptions for group self build schemes

William Rogerson, modified 8 Years ago.

s106 exemptions for group self build schemes

New Member Posts: 16 Join Date: 15/01/15 Recent Posts

Good day

Does anyone have any experience or knowledge of s106 exemptions for group self build schemes of 15 units or above, specifically in relation to affordable home quotas, CIL's and the recently introduced 'vacant building credit'?

Also in view of the recent successful high court challenge made by Reading & West Berkshire relating to s106 exemptions and 'vacant building credit' can anyone shed any light on how this might impact s106 exemptions for group self build schemes that were, or are available?

All input appreciated.

 

Former Member, modified 8 Years ago.

RE: s106 exemptions for group self build schemes

In relation to CIL, self-build exemption would be available but would have to be claimed seperately on each dwelling by the person that intended to occupy it and who had assumed liability for CIL on that dwelling. All other provisions of Reg.54B must be complied with.
Moira White, modified 8 Years ago.

RE: s106 exemptions for group self build schemes

Enthusiast Posts: 26 Join Date: 20/10/11 Recent Posts

I haven't yet had experience of dealing with a claim for an exemption(s) on a site being developed by a group of self builders. Much will depend on the terms of the planning permission.

However as I understand it what the builders need to be aware of is that any claim for exemption needs to be agreed in advance of ANY development commencing on the whole site, not just their plot. Each individual would need to apply before development commenced on any one of the plots otherwise if an exemoption is agreed on one of the plots and development commences on that one then a subsequent developer could not apply for an exemption on his plot as this has to be done in advance of any development commencing.

The way to avoid the complications from this I'm led to believe is to grant a permission for a 'phased development' (see Reg 8 of the CIL regs).

Hope this helps.  Moira

William Rogerson, modified 8 Years ago.

RE: s106 exemptions for group self build schemes

New Member Posts: 16 Join Date: 15/01/15 Recent Posts

Thank you Moira & Tony, very helpful.

Does anyone know if the 'vacant building credit' is available to self build groups?

Regards and thanks

Williams