Form 7 Part 2 Evidence - Public forum - Planning Advisory Service (PAS)

Hello Lisa, 

I've had one or two cases like this, especially given the long delays there have been with getting any DIY self-build refund details out of the VAT Office. If the self-build relief claimant really can't come up with any of the 3 proofs listed on the Form 7 part 2, then I've accepted copies of invoices/contracts between them and their builder and/or architect - basically, anything that demonstrates a contractual relationship for the house to be custom-built for them.  

Sue 

Morning Lisa,

We accept a Statutory declaration from the builder/contractor stating that they have been commissioned to build the property on behalf of the applicant on the understanding that it is for the applicant's own use and not for resale.

Kind regards

Kirstin

Hi,

We have accepted a Professional Consultants Certificate (PCC) instead of the self build warranty in the past.

Hi all.

I manage the current CIL forms available via Planning Portal and liase with DLUHC on any changes they require or that we see might be needed.

If there are any forms of additional evidence that you think should be added to the form, we could look to raise that to DLUHC for consideration.

James,

The issue is 7-2 section B Q3 as not all Self Builds can easily (or reasonably) meet the options currently available. 

As above comment, VAT DIY claims can be slow, but not always available on certain types of scheme, where self build is. Although one of the most common used, even if rather arbitrary claim made just to satisfy this requirement. May be cause/effect as to why DIY claims slow - due to increased volume?!

Latent defect warranties can additionally be very expensive on projects that are not newbuild house - but still SB-house (e.g. conversion from commercial property to dwelling). Additionally some policy providers do not include Stage Completion Certificates as standard and again more difficult and costly (we have seen quotes upwards of £25-40k) if dealing with existing buildings.

Further the vast majority of projects we have work on do not have a self build mortgage but are being funded from family wealth.  Many embarking on projects for 'forever home' have saved or relied on private family wealth without mortgages.

We have successfully agreed with a number of LPAs to accept a range of other evidence. Ultimately the proof required (from the Regulations) is that they commissioned the project and that they will be living in it as their main family dwelling. We have used: updated driving licence (proof of address), electoral roll, solicitors letter confirming details of move in date etc., sworn affidavit, contractors letter.

Although we have also had some LPAs refuse to accept alternative evidence, insisting that only those referenced on the form are acceptable!

James,

The CIL Regs, 54C.3.b points the evidence requirements to the CIL Forum and your current CIL form clearly notes that the Charging Authority has discretion, but is not required, to accept other forms of documentary evidence.

The challenge is not the evidence, but more the engagement of the applicant in the process. My experience is that this gets ignored amongst all the other challenges of a self-build till far too late in the applicants process. This results in time issues at the final stages.

Whilst this information is on both the Part 1 and Part 2 forms, may be it could be made more prominent on From 7 Part 1, that the applicant needs to consider the end of the process early and engage with the Charging Authority early if they are not considering some of the identified evidence in the Form.

Adding more types of acceptable forms of evidence will just end up with a massive list of 'possibilities' and I expect not cover all options.

Hi Lisa,

Because of the reasons stated above by other LA's we accept a Statement of Declaration from the applicant that must be signed in front of a Solicitor, and counter signed by the Solicitor which basically states that the project is a self build and the applicant will live in the property as their main residence for 3 years after completion. Let me know if you'd like me to email you the example.

Hi Debbie (and everyone else who has responded - thank you),  

I would be very grateful if you could send me an example stat dec please 

Morning Lisa,

No problem at all, can you email me on the link below and I can then reply with the attachment:

debbie.wilson@threerivers.gov.uk

Thank you

x