SUBMITTING CIL FORMS....WHEN IS THE BEST TIME?

[cyndiheimsarac]

Just a question in regards to CIL we have just been granted planning so I understand we will be liable unless we file for exemption. When is the right time to file the assumption of liability and the self build exemption claim form part 1? Is there such a thing as submitting them too soon?

 

 

[vivienz]

No such thing.  The sooner the better. Don't start any work at all on site until you have the exemption, including demolition.

Edited January 22, 2020 by vivienz

[Oldsteel]

Our architect did us a huge favour (we only paid for the design) by submitting all the required CIL documents just after we obtained planning. That only leaves me to submit the CIL Form 6 before we start any work on site, which, per advice elsewhere on this forum, should be done as soon as possible. However, if you have planning conditions attached to your permission, then the LPA will likely only accept the CIL commencement Form 6 after you have discharged all the planning conditions, which can take a long time at an overworked and under resourced LPA.  

[canalsiderenovation]

  On 22/01/2020 at 17:05, Oldsteel said:

Our architect did us a huge favour (we only paid for the design) by submitting all the required CIL documents just after we obtained planning. That only leaves me to submit the CIL Form 6 before we start any work on site, which, per advice elsewhere on this forum, should be done as soon as possible. However, if you have planning conditions attached to your permission, then the LPA will likely only accept the CIL commencement Form 6 after you have discharged all the planning conditions, which can take a long time at an overworked and under resourced LPA.  

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Same, initially we were advised of a £16k cost but it seems our architects did all the forms as we had confirmation of an exemption - we just need to sort the Form 6.

[Temp]

https://www.planningportal.co.uk/info/200136/policy_and_legislation/70/community_infrastructure_levy/5

 

Near the top of Form 7 it details the four step process needed to qualify and claim the self build exemption. Make sure you follow it to the letter. Make sure any forms you send in actually arrive at the council. Get proof. One letter lost in the post can cause you to loose the exemption making you liable for £thousands with no way out. 

 

Everything must be on the correct form. For example the commencement notice - you cannot just notify the council by email of the date you intend to start, it must be on form 6 and it must arrive at the council before starting work... or else!

 

 

Edited January 22, 2020 by Temp

[Temp]

  On 22/01/2020 at 17:43, canalsiderenovation said:

 

Same, initially we were advised of a £16k cost but it seems our architects did all the forms as we had confirmation of an exemption..?

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Do not rely on that. Council's have been known to send out letters saying you qualify for an exemption, without adding "if you follow the claim process". Request copies from the architect and confirm they were received by the council. 

 

Don't forget Form 7 part 2 that must be done after completion. If you haven't finished yet your architect can't have done it.

Edited January 22, 2020 by Temp

[canalsiderenovation]

  On 22/01/2020 at 18:18, Temp said:

 

Do not rely on that. Council's have been known to send out letters saying you qualify for an exemption, without adding "if you follow the claim process". Request copies from the architect and confirm they were received by the council. 

 

Don't forget Form 7 part 2 that must be done after completion. If you haven't finished yet your architect can't have done it.

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Our letter says 'we have now assessed your claim and have granted self build residential exemption for the chargeable development in question for the reason stated below' and it then goes on to give reasons blah blah and it talks about residential extension and that form 6 Commencement notice needs to be conpleted. 

[Temp]

Ah ok it's an extension. I believe the exemption process is slightly different for extensions. 

 

 

 

 

[cyndiheimsarac]

An extra thought, do you submit the forms to the council that approved planning? 

[cyndiheimsarac]

UPDATE: Mid Devon (our council) is NOT a CIL charging authority, am I right to be relieved? 

[Temp]

  On 24/01/2020 at 12:07, cyndiheimsarac said:

An extra thought, do you submit the forms to the council that approved planning? 

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Generally yes but there are some exceptions (think it's different in London or for planning applications determined at county rather than district level?). 

 

  On 24/01/2020 at 12:09, cyndiheimsarac said:

UPDATE: Mid Devon (our council) is NOT a CIL charging authority, am I right to be relieved? 

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I tried to check that and found web pages saying Mid Devon had submitted proposals for the CIL in 2017 but couldn't confirm if it was ever formally adopted. 

 

Regarding extensions..

 

If you are extending your main house and the floor area of the extension is less than 100sqm and it doesn't create a new dwelling, then I believe it's exempt under the "minor development exemption". Just be careful if you plan to sell or let it within three years...

 

https://www.gov.uk/guidance/community-infrastructure-levy#para048

 

If it's more than 100sqm you may qualify for the self build exemption but I think that has to be claimed using form 9 (eg it's not granted automatically) and the claim process followed to the letter.

 

https://www.gov.uk/guidance/community-infrastructure-levy#para049

 

 

 

[cyndiheimsarac]

I had my forms ready to send then our planning consultant told us that Mid Devon is not a charging authority, honestly the relief that its something I can just cross off the list! 

[stephen margerison]

PLEASE PLEASE  PLEASE 

don't trust your planning consultant, go online to your local council, /cil, ring your local council, get it in WRITING that no CIL is due !!!!  even IF it is due, 1 self build would be excempt, however there are plenty of horror stories, re if you don't fill in the correct forms, at the correct TIME, you can be charged CIL 

CIL has been adopted by some authorities, but not by some.

In my area, it is charged at £85 per sq meter, times 1.85% for NEXT years inflation rate. This equates to circa £25,000 in my case. 

I notice on line that in your area Persimmon homes had put an objection into the council, because they where being charged CIL for inhabitable rooms. (garages)

I also have had the double garage included in my CIL liability.

secondly,  my council, if CIL is charged, the council take a charge on the land, !!!  so you would have difficulty raising funds(mortgage), as a lender wants first charge.

So, send a letter to your council, ask the question, get it in writing, before you make ANY start !!!!!   its not worth the risk of getting it wrong.

and for all readers, if you buy a plot for 2-3 houses, (1 for your self, they can and will charge you for the non self build plots) in my case, £94,000   !!!! for 4 houses, and I only wanted 1 GRRRRR

good luck but DONT get it wrong,

regards,

Stephen

[cyndiheimsarac]

I will double check, although our planning consultant worked for Mid Devon council until August last year so I am sure they know what they are talking about. For peace of mind I have contacted them directly and asked the question.

 

I have read the horror storied and still have all the forms good to go if we need to send them 

 

Cyndi