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Planning Advisory Service (PAS)
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CIL Self Build and Title Deeds

David Attmore, modified 11 Months ago.

CIL Self Build and Title Deeds

New Member Posts: 15 Join Date: 30/03/20 Recent Posts

We have an issue at the moment where a self builder has been told that it will take a long time for Land Registry to send through the title deeds for the news property. They are meant to be providing this within 6 months of completion of the development, in accordance with CIL Form 7 Part 2.

Has anyone else come across this issue before? Could we accept evidence that they have submitted the request to Land Registry? Then wait until they get the copy of the title deeds.

Thanks in advance.

Kirstin Roberts, modified 11 Months ago.

RE: CIL Self Build and Title Deeds

New Member Posts: 11 Join Date: 28/01/22 Recent Posts

Afternoon David,

We have had this situation on many occasions with some delays over a year. Because of this it was agreed that so long as the CIL Form 7 Part and all other documentation were submitted within the 6 months and regular updates (once a month) were provided by the applicant on the status of their Land Registry Application we would place the final decision in suspense until we received the Land Registry documentation. We decided that notification from the LR that the application had been recevied was insufficient but that so long as no disqualifying event took place in the meantime we would be happy to consider the submission as in time but withld final decision until the documentation was received.

It, while not strictly compliant with the regs, (athough a matter of interpretation in my opinion), seems to work very well. No defaults to date and no disqualifying events that we are aware of.

Regards

Kirstin

 

Sue Langford, modified 11 Months ago.

RE: CIL Self Build and Title Deeds

New Member Posts: 7 Join Date: 15/05/20 Recent Posts

We've taken a similar approach since the big delays started happening during the pandemic, with both the Land Registry and the VAT refund office. We took the line that, as long as the applicant has submitted the Form 7 part 2 and al of the other bits and pieces, and they keep in touch with us, then it would be unreasonable to penalise them for delays with other government departments.

Similarly to Kirstin, we've had no defaults or disqualifying events - the applicants are usually grateful that we're willing to be helpful, so they're keen to co-operate.  

Debbie Wilson, modified 11 Months ago.

RE: CIL Self Build and Title Deeds

Enthusiast Posts: 28 Join Date: 30/01/20 Recent Posts

Morning, We've taken the same approach as above. No problems with LR so far but the VAT is often an issue and is out of the applicants hands. We wait for the info to come through, and so far everyone has been granted the exemption with no disqualifying events.

Louise Weaver, modified 11 Months ago.

RE: CIL Self Build and Title Deeds

New Member Posts: 11 Join Date: 23/07/21 Recent Posts

Agree with all our colleagues responses above.  at Havant Borough Council we too have had to extend the time period due to the delay within other organisations and also make a judgement call on some of the documentation required.

Dean Brunton, modified 11 Months ago.

RE: CIL Self Build and Title Deeds

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

Hi, we have also taken the same approach at our authority.  As mentioned above, it is often the VAT refund that also causes delays and we take a similar approach with that too.