Challenging claims for self-build exemption - Public forum - Planning Advisory Service (PAS)
Challenging claims for self-build exemption
Hello Again
Further to my post earlier today, has anybody got any experience of challenging or denying claims for self-build exemption on the basis that it was deemed to be a way of avoiding paying the CIL? And if so, what happened next? Did the liable person simply withdraw the claim or did they appeal against the LPA's decision?
To give the question some context, there are two issues that we are grappling with (we have only been CIL live for a couple of months by the way).
1. Some officers think that some developers will take a gamble and claim the exemption and hope they will not get caught if they sell up a year or so down the line. My view on this is that we should simply have robust monitoring arrangements in place to catch them, but I've been told to ask the question anyway.
2. The same officers are worried that there may be a rise in self-build schemes whereby the developer sells off-plan and gets the purchasers to assume liability and submit the exemption claim before works commence. My view on this is that we cannot do much about it, so we accept the claim and just put those robust monitoring arrangements in place.
Any advice gratefully received.
Thanks,
Tim.
Rebecca Randall, modified 8 Years ago.
RE: Challenging claims for self-build exemption
Enthusiast Posts: 60 Join Date: 06/05/14 Recent PostsThere's not much you can do. The Self Build Part 1 claim form only asks for the person's details and for them to sign the declaration. Short of refusing it because you think they are lying (!), as long as it fits the definition of a self build, it must be taken on face value.
Don't forget they do have to submit the Part 2 form within 6 months of completion. If they are not living in it then they will not pass this hurdle.
The relief / exemption runs with the claimant, so there is nothing wrong with Person 1 gaining planning permission and Person 2 buying the undeveloped site and building a house for themselves to live in. Just because you didnt apply for planning, doesnt mean you arent a self builder.
I had a site with full permission for 5 units wanting to claim self build. Because there was no phasing, it was near impossible for them to get all the units exempted because they would have to line up all of their plot purchasers before any one could start building (since each claim has to be submitted by the person who will live in each plot, and all the claims have to be approved before commencement of the permission which covers all 5 plots). They have now decided to pay the full CIL amount. So whilst some individual plots may give rise to self build proposals, I dont think you will see big sites coming in with developers claiming and getting purchasers to buy off plan. But we are only 6 months in so I may be proved wrong!
Tim,
Your second secenario is a legitimate one. BUT all the exemption claims must be made before any development takes place. That requirement may make the logistics of such a scheme too difficult.
Thanks Tony
I see that Christopher Cant's CIL guide suggests that the developer of such a scheme might phase each plot so work can start on any one as it becomes a self-build - the added bonus being that if a disqualifying event occurs for any one it does not affect the whole scheme. Having said that, this scenario would also appear to be a logistical nightmare and the developer will not get the economies of scale that would ordinarily arise with the whole scheme progressing as one project.
Tim.