Self-build relief and demolished floor space

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Yesterday

Former Member, modified 9 Years ago.

Self-build relief and demolished floor space

There seems to be yet another quirk in the CIL Regs! In a case where social housing relief is granted for some houses on a site and some existing buildings are to be demolished, the effect of Regs 40&50 is that the "benefit" of the demolished floor space is apportioned between the social and market housing units.

However In a case where, for example, two houses are to be built and one of them attracts self-build exemption and an existing building is to be demolished, the Regs do not contain a similar provision. It therefore seems that the self-build exemption figure is intended to represent the full floor area of the exempt house after the demolished floor area has been taken off the floor area for the whole development.

Any comments/views/observations?

Former Member, modified 9 Years ago.

RE: Self-build relief and demolished floor space

Has nobody else come across this issue or got any comments on it? Did I explain the issue sufficiently well in my original post?

Former Member, modified 9 Years ago.

RE: Self-build relief and demolished floor space

Our first CIL application was exactly as you describe: 1No house to be demolished to be replaced by 2No houses, one of which was granted self-build exemption. Our understanding of the Regs meant that we allocated the floorspace of the building to be demolished equally between the two proposed buildings, on a pro-rata basis.

Former Member, modified 9 Years ago.

RE: Self-build relief and demolished floor space

Paul,

Your approach is what may be expected and logical, however the Regs. themselves do not support that approach. The wording of Reg.54A in relation to self-build development is different to that in Reg.50 relating to social housing relief. In Reg.50, the calculation of the qualifying amount is linked back to the formula contained in Reg.40 which takes into account and apportions the "benefit" of any demolished floor space. There is no equivalent linkage in Reg.54A and therefore the Reg.40 formula is not available.

I have no idea whether the difference is intentional or a mistake. The result however, is that it would appear that the only correct approach in the situation set out in my original post is to calculate the CIL due on the total net increase in floor space and then deduct from that sum the full amount of CIL that would be payable on the actual floor space of the self-build unit. The wording in Reg.54A(1) supports that as there is no caveat re the possibility of there being demolished buildings involved on site.

The more that I looked at the Regs. and thought about it, the more I am (reluctantly) sure that your approach and that of the current version of our CIL software is non-compliant.

Has anyone else got any thoughts/comments on this?