I have been going round in circles with this application for subdivision and extension of one property into two. The extension is in excess of 100sqm and therefore CIL liable, but the owner intends to live in one of the properties and wants to claim a self builders exemption on the extension to that one (he already owns and occupies the property as it is).
The regs say:
Exemption for residential annexes or extensions
42A.—(1) Subject to paragraphs (5) and (6), a person (P) is exempt from liability to pay CIL in respect of development if—
(a) P owns a material interest in a dwelling (“main dwelling”);
(b) P occupies the main dwelling as P’s sole or main residence; and
(c) the development is a residential annex or a residential extension.
(3) The development is a residential extension if it—
(a) is an enlargement to the main dwelling; and
(b) does not comprise a new dwelling.
I initially thought that it cannot be considered a residential extension as it comprises a new dwelling and therefore couldn't qualify, however if subdivision isn't development and he fulfils the criteria for exemption, could he qualify for exemption on the whole of the extension? I cant imagine that is the intention of the regulations but on the face of the regs that may be the case.
The half way approach seems the fairest but I am not sure that is doable under the regs in any event.
Has anyone else had a similar situation or any thoughts on how you would deal with this?
