New CIL REGS laid 9 Dec 2013 - Public forum - Planning Advisory Service (PAS)

The exemption for self build is interesting. Self build means - built or commissioned by a person for their own occupancy as sole or main residence.

Interestingly this would mean that  millionaires' mega mansions could be exempt from CIL unless these could be demonstrated not to be the sole or main residence.

The owners of such properties often have many homes. Proving sole/main residence claims would be interesting - there is obvious scope for 'flipping'.

Perhaps some joint working with the Inland Revenue vis-a-vis the status of residences in the Cayman Islands might be a useful way of clarifying things.

Self build issue number 2.

Does this mean that people who buy houses off-plan are 'commissioning' a house for their sole or main residence and will volume housebuilders be arguing for exemptions on their behalf?

The Draft 2014 Amendment Regs have been amended and the revised version was laid before Parliament on 20 January. I'm not sure what the implications are for when the Amendment Regs will come into effect but no doubt there wil be a delay.

I've not had time to fully compare the two versions of the amendment Regs. but one of the main changes is to the new Reg. 74B.  

Help - clarification please....

For current CIL legislation, for a basic non phased development,is the vacant/occupation qualification 6 out of 12 months taken from the date that the last pre implementation condition is granted or say on the date the S106 Agreement is completed?

Assuming the new CIL reg changes go through, looks like the vacant/occupation qualification is going to change to 6 months out of 3 years, from the date the S106 Agreement is completed, and not from the date the last pre implementation condition is approved, is that right?

Finally, if a 1b L/H flat in a parade of commercial shops/residential flats secures a change of use from commercial to residential use, and is under 100m2,and has been vacant for over 12 months, is it CIL liable, or is it exempt as the rest of the parade/buildings have been occupied?

Does anyone know of a good CIL course or web site that is on top of all this?

Many thanks 

The S106 agreement is not relevant to this. It is from when planning permission is granted ( detail of what that means are given in Reg 4.

In the new regs that have been laid - There is a change from 'a building being in use for a continous period for at least 6 months in 12.... to '...contains a part that has been in lawful use for a continuous period of at least six months within the period of three years...' building is not considered to be just one unit but the whole building. 

I anticipate that the government will issue guidance for these changes.

The new regs ( minor changes from those laid in December are linked through  our website:  http://www.pas.gov.uk/web/pas-test-site/3-community-infrastructure-levy-cil/-/journal_content/56/332612/15149/ARTICLE

Gilian - thanks for your help.

I have been doing my homework, but getting more confused.My understanding now is:

Currently, CIL offsetting for existing premises is given for occupancy 6 out of 12 months ending on the day PP first permits development, asssuming pre implementation conditions, so from the date last such condition approved?

The new regs propose occupancy for 6 out of 36 months, ending on the day PP is granted? .

If PP secured prior to a Charging Schedule being in place - then it will not be liable for CIL if implemented when the CS is in effect (assuming no changes to the PP)?

Some guidance and a document with all amendments included to date from the DCLG would be nice, it is hard to follow all the changes. There should be a "master" doc somewhere, which incorporates all the changes as they happen.

many thanks

Mark

In case anybody is interested, the 2014 CIL Amendment Regulations (as amended!) are to be further considered by the Commons First Delegated Legislation Committee on Monday. Hopefully that will be the final Committee Stage and the Regs will come into force shortly.

Mondays Parliamentary Comittee debate on the 2014 CIL Amendment Regs can be found here: http://www.publications.parliament.uk/pa/cm201314/cmgeneral/deleg1/140210/140210s01.pdf

The speeches by Nick Bowles give some interesting insights.

The Amendment Regs have, as I understand it, now completed their Parliamentary process and shound made shortly and will come into effect the following day.

I have heard from DCLG - Amended regs likely to be coming in on Monday- see below:

The statutory instrument will be available from Monday at www.legislation.gov.uk (search under full title as above); the (identical) draft is already available at http://www.legislation.gov.uk/ukdsi/2014/9780111108543/contents

We also anticipate that the application forms for the new exemptions (self build houses, residential extensions and annexes) and reliefs (discretionary discount market sale properties) will be available on the Planning Portal website from Monday 24 February:

http://www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/cil

Our consolidated and updated guidance on the levy, including these reforms, should also be available on the Planning Portal website as a PDF document from Monday. It will soon be available as part of the full revised suite of national planning policy guidance once this goes live.

The amended regs came in to force today

 The new statutory CIl guidance has also been issued:

http://www.planningportal.gov.uk/uploads/cil/cil_guidance_main.pdf