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

Clawback review - self build

carmel huntley, modified 10 Months ago.

Clawback review - self build

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

Hi all, 

I am doing my first completion review for a CIL case that was granted self-build relief. 

Does anyone ask for evidence again from the applicant at this stage (3 years on) to ensure that the property has remained in their ownership or should we just carry out our own internal checks to be satisfied?  

Thanks, Carmel

phoebe martin, modified 10 Months ago.

RE: Clawback review - self build

New Member Posts: 5 Join Date: 31/08/18 Recent Posts

Hi Carmel,

At clawback period end we contact the self-builder for evidence of residency proof as the first port of call. If they fail to respond we then check internally, getting confirmation from our council tax service. 

 

carmel huntley, modified 10 Months ago.

RE: Clawback review - self build

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

Thanks Phoebe :  )

Sue Langford, modified 10 Months ago.

RE: Clawback review - self build

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

Given that the CIL Regs dont specify that the self-build claimant has to provide anything at the end of the clawback period, we arent in a position to insist they do so. Our Council Tax Team is very cagey about providing any information, even internally, citing data protection concerns, so we usually just carry out a quick check of the Land Registry records to see if there's been any change. 

Dean Brunton, modified 10 Months ago.

RE: Clawback review - self build

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

We largely just carry out a land registry check to confirm they still own the plot and go on that.

Debbie Wilson, modified 10 Months ago.

RE: Clawback review - self build

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

Hi Carmel,

We check Council Tax every few months throughout the 3 years and also keep an eye on Zoopla in case the property goes up for sale. We check any local land charges searches too (although this can't always be relied upon becuase we have no idea of personal searches coming in hence the check on Zoopla). Electoral Registration are asked at the end of the 3 year process to ensure all is in order. Thankfully, our departments are happy to work with us :)

Lisa Edwards, modified 10 Months ago.

RE: Clawback review - self build

New Member Posts: 7 Join Date: 13/06/14 Recent Posts

Similar to the above I check with C Tax but I also send a letter once a year with a simple declaration for them to sign and return.  Seems to work well and nobody has refused yet.