Grand Designer lives in unfinished house - Public forum - Planning Advisory Service (PAS)
Grand Designer lives in unfinished house
Hi All
You've seen the TV show, so what are the CIL implications when a Grand Designer hasn't enough cash to complete the project but still decides to live in their half finished mansion?
It's a self-build and exempt from CIL, but as the thing hasn't been completed, we have no completion certificate to trigger the start of the 3 year disqualification period. In such a case, when would the part 2 supporting documentation be due? With no formal completion date, our Grand Designer could be living in their part finished dream house for years and still not have to supply the supporting documentation.
All views welcome.
Tim.
Carol Gore, modified 7 Years ago.
RE: Grand Designer lives in unfinished house
Enthusiast Posts: 42 Join Date: 20/10/11 Recent PostsAs far as I'm concerned, the CIL sits on the LLC in perpetuity, until the three year claw-back period is finally triggered.
I can't find anything timescale wise that says they must not live in it until they get the completion certificate? Nor does there seem to be an alternative to the trigger under 54C(2) "Within six months of the date of the completion certificate"
I'm afraid this probably means that they can indeed live there for years without needing to send in the supporting documents.
And they have the added bonus of knowing that they can account for the CIL in the sale price if they finally decide to sell without fully completing.
REBECCA STADDON, modified 7 Years ago.
RE: Grand Designer lives in unfinished house
Advocate Posts: 103 Join Date: 05/09/13 Recent PostsTim,
Do we know whether he is in breach of Building Regulations?
Rebecca
I'd have to ask the case officer (who has gone home now) but if so, would that mean he couldn't live in it?
I'm not a planner, so am not familiar with every aspect of planning law/building regs.
Tim.
REBECCA STADDON, modified 7 Years ago.
RE: Grand Designer lives in unfinished house
Advocate Posts: 103 Join Date: 05/09/13 Recent PostsTim,
I would check with Building Control whether he is lawfully occupying the house but I am unsure why this would have a bearing on the CIL process anyway.
Why does it matter that he is living in the house prior to it being finished? He will still have to submit a completion notice when it is finished and that is when the clock starts ticking for 3 years occupation by the self-builder.
He won't be able to say that he has already lived in the house for 3 years because that won't accord with the CIL Regs so really he is tying himself to the house for longer and if he decides he wants to sell when it is finished then the CIL will become payable.
Either way, the CIL process is complied with.
Rebecca