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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

Clawback and residential extensions

Former Member, modified 10 Years ago.

Clawback and residential extensions

The new CIL regs. contains a definition of "clawback period" for both residential annexes and self-build housing of three years. No "clawback period" is referred to for house extensions. However the clawback period for all other purposes is 7 years.       

Reg 42 similarly differentiates between residential annexes and extensions with Reg 42A and B referring to both and Reg 42C only referring to annexes. So far so good.

However the new "Self Build Annexe or Extension Claim Form" on the Planning Portal refers to both annexes and extensions and asks at section C for all boxes to be ticked and the applicant to declare that the main dwelling is their sole or main residence and will be occupied for a period of 3 years from completion of the annexe / extension.  Is this right? This doesn't seem to reflect the legislation.

I think we need a separate form for extensions whereby the applicant only needs to confirm it is their main dwelling. Do we even need them to do this?

Posted on behalf of Moira White, Planning Practice Manager, Broadland District Council

 

Former Member, modified 10 Years ago.

Clawback and residential extensions

Nicholas, you are correct in that there is no clawback provision in relation to the exemption for residential extensions. Reg.42A however does require that the "main dwelling" is the person's sole or main residence and therefore that does need to be confirmed on the claim form.

The last check box in Section C of the claim form only relates to residentail annex exemption and so the requirement at the top of the section to tick ALL boxes is incorrect in extension cases. All the other four check boxes are required however for extension cases.