CIL Self-Build relief and ownership - Public forum - Planning Advisory Service (PAS)

I have the following scenario and would appreciate your thoughts:

  An owner of a dwelling has received planning permission to demolish his house and build 2 in replacement. One property is for him and the other property is for his son. The son was buying the land etc. from his father and I’ve received all relevant CIL forms for both plots (Form 2, 7Part 1, and 6).

  The owner has now informed me that his son can no longer afford to buy the land from him so both dwellings will be owned by the father (original land owner). The son will still live in the newly built dwelling that he was going to buy from his father but he won’t own it.

  Having looked at the regs. I don’t think I can give self-build relief for the sons house anymore because the father will own both dwellings but only one of them will be his ‘sole or main residence’ (Reg.54A(2))

  Form 7(Part 2) requires the Land Registry Certificate re proof of ownership but doesn’t state that the occupier has to be the owner. Is this just a ‘given’ that they must be the owner?

  CIL Guidance states:

What evidence does the applicant need to provide on completing the building?

Within 6 months of completing the self-build home, the applicant must submit additional supporting evidence to confirm that the project is self-build. Completion for the purposes of the self-build exemption is defined as the issuing of a compliance certificate for this development under either Regulation 17 of the Building Regulations 2010 or Section 51 of the Building Act 1984. If the evidence is not submitted to the collecting authority within the 6-month time period, the full levy charge becomes payable.

This evidence must comprise:

• Proof of the date of completion – a copy of the building completion or compliance certificate for the home issued by Building Control
• Proof of ownership – a copy of the title deeds (freehold or leasehold)
• Proof of occupation of the dwelling as the applicant’s principal residence – a Council Tax bill or certificate – and 2 further proofs of occupation of the home as a principal residence (a utility bill or bank statement or confirmation that the applicant is on the local electoral roll)

In addition to the above, applicants must also provide a copy of one of the following (please see note below the listed items):

• An approved claim from HM Revenue and Customs under ‘VAT431NB: VAT refunds for DIY housebuilders’; or
• A Specialist Self-Build Warranty; or
• An approved Self-Build Mortgage from a bank or building society.

NOTE: The charging authority has the discretion, but is not required, to accept other forms of documentary evidence instead of any of the 3 items above. This should be agreed in advance with the charging authority (at the point of making the Part 1 application for the exemption or as soon as possible thereafter) but the charging authority may still consider utilising discretion at the Part 2 stage of the process.

Paragraph: 088 Reference ID: 25-088-20190901

Revision date: 01 09 2019

  I’ve not come across this one yet so am a little unsure.

  Any assistance would be much appreciated.