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

CIL, Self build exemption & power of attorney

Former Member, modified 9 Years ago.

CIL, Self build exemption & power of attorney

I have a scenario where Person A has permission for 2 houses.

Person A is to live in House 1 and apply for self build exemption.

Person A is also building House 2 for a disabled family member Person B. Due to the disabilities, A has power of attorney for B.

A will be applying for, and paying for, the house and all future maintenance and bill costs, on behalf of B. Therefore, it is unlikely that anything will be in B's name, although they will be the occupant of the house.

Reg54A states self build housing is that built or commissioned by a person and occupied by a person as their main residence. So we could assume B is commissioning it and then living in it.

But in order to evidence self build exemption, the evidence that is required cannot be provided by B as they are exempt from council tax, exempt from VAT, won't have a mortgage, and don't have a bank account. A will be paying all bills for B so everything will be in A's name.

So, questions are:

  •  does the power of attorney allow A to apply for self-build exemption for B?
  • with the power of attorney, can evidence be accepted to meet the requirements of the self-build evidence? 
  •  do two separate liabilities need to be assumed (one for each house)?
  •  if so, should the application have been phased? 

Has anyone had any experience of a case like this?!