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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

CIL - extension relief after commencement?

carmel huntley, modified 1 Year ago.

CIL - extension relief after commencement?

New Member Posts: 16 Join Date: 21/05/20 Recent Posts

Hi all, 

I have a householder application where i have found out that they have commenced as it is an enforcement case, a LN notice had already been issued but no forms rec'd. They are enlarging their house but haven't applied for any relief.

It seems a bit harsh to make them pay £30k+......i'm just wondering if others do enforce with this sort of scenario please? 

Thanks, Carmel 

Dean Brunton, modified 1 Year ago.

RE: CIL - extension relief after commencement?

Enthusiast Posts: 45 Join Date: 10/10/13 Recent Posts

Hi, 

In situations like this we would enforce the CIL, the Liability Notice presumably set out everything they needed to do.

There are high court decisions that relief cannot be claimed retrospectively, so however harsh it may seem the Regs are quite clear on this.

Debbie Wilson, modified 12 Months ago.

RE: CIL - extension relief after commencement?

Enthusiast Posts: 27 Join Date: 30/01/20 Recent Posts

Morning Carmel,

Unfortunately, if works have commenced before relief was allocated (i.e. no forms received) the full CIL levy will become due with immediate effect. There could also be surcharges to add to the liable amount too:

Surcharge for failure to assume liability £50 on each person (Regulation 80)

Surcharge: Apportionment of Liability £500 in respect of each interest (Regulation 81)

Surcharge for late payment (Regulation 85)

Late Payment Interest (Regulation 87)

If the applicants fail to pay up you have the option of placing a CIL Warning Stop Notice on the build, followed by a Stop Notice if payment is stil not received. We have found this route the most effective way of securing the funds, harsh though it is. But the regulations are harsh unfortunately.