CIL Liability being Transferred!!

[JOE187]

   I have been a long time follower of this forum and only ever answered posts this is my first post requiring  a little advice!

   I have a plot of land with planning permission for a detached house that is  not my design but  has been granted  permission under a scheme for 8 other houses making 9 in total.

   I am in the proceess of submitting an alternative design to build a more suitable retirement dwelling.

   The developer of the 8 houses has a Cil liability for all 9 houses and now would like to transfer the liability for my  dwelling over to me by a Cil transfer form 4 transfer of assummed  liability.

   I would like to claim self build exemption  what is my best course of action? 

 

  

 

 

[newhome]

I’m not an expert but I believe that it depends how the planning permission is structured. If the whole scheme is under a single planning permission with no phasing then the CIL liability is due as soon as the developer starts the first property and no subsequent owners can claim CIL exemption for one of the plots. If the planning permission is phased then CIL is due dependent on the start date for each plot. It sounds like you are reapplying for planning permission? 
 

Have a read here as this might help 

 

https://khub.net/web/planningadvisoryservicepas/forum/-/message_boards/message/147502813

 

 

 

[Temp]

If you have already completed on the plot can he force you to take the transfer? 

[newhome]

17 minutes ago, Temp said:

If you have already completed on the plot can he force you to take the transfer? 

Wouldn’t have thought so. If there is no way of now gaining an exemption then that’s too bad on his part I think, or maybe he can try to make a non material amendment as per the conversation in the link. 
 

[Temp]

Its possible you become liable for the developers CIL from day you purchase the land even if you haven't formally accepted liability for the CIL....

 

https://www.michelmores.com/news-views/news/community-infrastructure-levy-–-what-residential-developers-need-know

 

Quote

What happens when no-one assumes liability?

 

Quote

Where no-one assumes liability, liability for CIL will be apportioned between those persons having a material interest in the land at the commencement of the development.   A material interest is either a freehold estate, or a leasehold estate for a term which expires more than seven years after the day on which planning permission is granted.

 

Therefore the effect of the CIL Regulations 2010 is that liability in default for CIL will run with the ownership of the land.  Where land changes hands, the liability will rest with the new landowner. [/QUOTE]
 

 

 

If you dont own the plot yet I suspect there aren't many ways out..

 

1) reduce your offer by the amount of the CIL.

2) persuade the developer to apply to get his PP changed to a phased development with you plot specifically a phase.

 

Be very  careful if you ask the council. Its possible they will give you a stock answer that self builders are exempt without fully investigating the exact situation. Then later when they get their act together they hit you with a demand for your share of the developers CIL. Councils don't normally issue legally binding decisions outside of a Certificate of Lawfulness  or similar.

 

Edited April 21, 2021 by Temp

[JOE187]

           Thanks to Temp and newhome for your comments! I can see I may have to pay this Cil charge but will try hard not too!!

           A little more background info on the project:

   I have owned the 3 acre field for 13 years and is outside of village building line.

   I was approached by local community trust to build houses for local people.

   I gave them an option to purchase at a fair price and to include a fully serviced plot for me  in my chosen location with full planning for detached house to their design.

   Over 4  years it took to get full  planning permission and all surveys done.

   In the last couple of months the land for the community trust has been transfered and I now have a plot with planning permission tied to their devlopment scheme.

   I have copies of all surveys and drawings ready to submit a new application and would  like to proceed in a way that helps my case for Self Build Exemption fom CIL.

 

[Temp]

I would ask the planners if they would accept phasing as an amendment to the existing PP.

 

Some councils favour self builds, others not so it's hard to know how co-operative they may be, especially as they will be loosing money.

[newhome]

7 hours ago, JOE187 said:

   I have copies of all surveys and drawings ready to submit a new application and would  like to proceed in a way that helps my case for Self Build Exemption fom CIL.

Hopefully they haven’t started work yet in which case you have more joy but go back to the builder and ask them to apply for a non material amendment to phase at least your plot to allow a self build CIL exemption. As @Temp says some councils want to encourage self builds whilst others see CIL as a licence to print money. 
 

 

[Haylingbilly]

I would ask the local CIL officer at the council - I have found mine to be incredibly helpful. I have a particularly challenging situation and employed a specialist planning lawyer to help. But have given up and am just working with the local CIL officer who is as knowledgeable and free!

[JOE187]

 Thanks for your comments will ask for my plot to be phased and speak to  local CIL officer!