CIL Charges

[Vel810]

Hi, 

 

I am self building a family home for me to live in. I can see that i am exempt from paying the CIL. 

I have not been charged this fee by the council. 

Do I still need to fill in an exemption form prior to starting the works? Can the council charge me later? 

 

Regs

[NSS]

If I were you I'd cover my backside by submitting the form and insisting on a reply confirming exemption from the LA before commencing. 

[PeterW]

So it depends ..!

 

CIL has to be marked clearly on your planning permission approval - it cannot be added retrospectively and you cannot apply for exemption once you have started. 

 

You may find your council is one of the ones that hasn't implemented it yet, or your planning was granted prior to its implementation. 

 

Only way to check is look at the council website and also on your PP approval

[mvincentd]

So I phrased the question to my planners as follows;

"There is no mention of CIL levy on the permission. As a self-build for my own occupation I believe I would be exempt anyway from CIL, however I also believe that exemption requires an application to be made on the attached form before I commence the build.
Where i’m confused is that it seems i’d be applying for exemption from zero levy, so perhaps this step isn’t required of me?
Could you clarify please."

They answered as follows;

"There would be no CIL requirement for this proposal. You need take no further action."

[Ferdinand]

This page my help. If you want more sign up for the free account at Planning Resource.

 

http://webcache.googleusercontent.com/search?q=cache:http://www.planningresource.co.uk/article/1121218/cil-watch-whos-charging-what&ie=UTF-8&oe=UTF-8&hl=en-gb&client=safari

[ProDave]

8 hours ago, mvincentd said:

So I phrased the question to my planners as follows;

"There is no mention of CIL levy on the permission. As a self-build for my own occupation I believe I would be exempt anyway from CIL, however I also believe that exemption requires an application to be made on the attached form before I commence the build.
Where i’m confused is that it seems i’d be applying for exemption from zero levy, so perhaps this step isn’t required of me?
Could you clarify please."

They answered as follows;

"There would be no CIL requirement for this proposal. You need take no further action."

Print that reply and archive it. Just in case the issue comes up later.

[dogman]

Our council ( West Berks ) took a slightly different approach. There are several exemptions one being self build, and another being replacement dwelling.

 

We filled in the forms but the council returned them as not required as we were exempt due it being a replacement dwelling with the same number of bedrooms. The planners confirmed this in writing stating that self build exemption only kicked in if another exemption did not apply. 

 

Apparently its more work for them to do the self build as they have to charge you the CIL and then exempt you from it. 

 

[Temp]

See below for the essential and multiple steps you must follow (to the letter) or you can be charged..

 

https://ecab.planningportal.co.uk/uploads/1app/forms/form_7_self_build_part_1_exemption_claim.pdf

 

 

Quote

An exemption for a self build home must be granted prior to the commencement of the development AND a Commencement (of development) Notice must be received by the Charging/Collecting Authority prior to the date of commencement of the development. The applicant will otherwise be liable for the full levy charge. Part 2 of this form must be submitted to the Charging/Collecting Authority within six months of the completion of the development. The applicant will otherwise be liable for the full levy charge.

 

So you must apply for and be granted the exemption and they must receive your commencement notice  before any work starts on site.  Ask them to confirm receipt in writing.

Edited May 16, 2017 by Temp

[Ferdinand]

 

[PeterW]

It's even more fun if you're not named as the liable party on the CIL form as you have to get someone to assign liability ..! And that's another form ....

[Claire Eason]

I have a question we have been advised when buying the land that there will be a CIL charge. there was nothing on the outline planning permission which has been granted and we have yet to apply for Full Planning Permission.

I am confused as to when we are suppose to complete the form for the assumption of liability. do we put that in with the part 7 form 1 and the planning form or do we need to do this earlier

[PeterW]

Welcome Claire

 

If you check the council website it will tell you what they will charge. Liability is only assigned when full planning is granted, and you can then invoke the self builder exemption. There is a letter or a statement on the planning permission that clearly identify the CIL charge. 

[JamesP]

@PeterW To get the self builder exemption do you have to live / own the property for a certain amount of time? 

[PeterW]

Most councils say 3 years for the exemption 

[Claire Eason]

Hi guys thank you for the prompt reply.

 

Yes we are building a house which we intend to live in for the next 10 years at least so no issue with the 3 year thing.

 

So from the above I need to put both the assumption of liability form and form 7 part 1 in when the architects submit the full planning permission.

 

On the council website it says it is worked out by GIA per square meter and dependent on class of housing and part of the county so I guess they will need to advise what it is.

So far as we have been designing the house the GIA has been changing so it will be determined on the final design which we provide in the full planning.

[Temp]

Claire,

 

So Outline Permission has been granted and the council have sent a levy liability notice to the current owner? Has the current owner already submitted an Assumption of Liability (Form 1) already? If so then I believe he has to send in a Transfer of assumption of liability (form 4). Otherwise you send in an Assumption of Liability (Form 1)

 

You have to sort the Liability issue before you can submit the Self Build Exemption (Form 7, Part 1). It says that on the form 7. 

 

So as I understand it your process will be ..

 

1) Either Current Owner submits a Transfer of assumption of liability (form 4), OR you send in an Assumption of Liability (Form 1).

2) Apply for and obtain Full Planning Permission/Reserved matters.

3) Apply for Self Build Exemption (Form 7, Part 1) 

4) Wait for exemption to be granted!

5) Submit Commencement Notice (Form 6)

6) Wait for acknowledgement of receipt of Commencement Notice!

7) Start work

8) After completion BUT within 6 months submit Self Build Exemption (Form 7, Part 2)

 

Warnings:

 

The essential thing is that you do not start any work on site until you have done all the paperwork for the self-builder exemption.  Otherwise you will be liable to pay the CIL.

 

I'm not sure what happens if a previous owner has obtained Outline Planning Permission and then they have started some work on site. Does that preclude the new owner, a self builder, claiming the exemption? If it does then I believe a whole new planning application might be required.  

 

 

 

 

 

Edited August 31, 2018 by Temp

[PeterW]

What do you mean by part 7 form 1 ..? Have you got a link ..? Your location may also help too .. ?

[Temp]

All the forms are here

https://www.planningportal.co.uk/info/200126/applications/70/community_infrastructure_levy/5

[Claire Eason]

This is a slightly odd situation

the council sold the land to us and obtained the outline permission in order for us to agree to buy it.

There is nothing on the outline planning mentioning CIL only when we exchanged contracts to buy the land.

So I have no evidence that anyone has complete an Assumption of Liability form the council department who sold the land does not appear to have done so and it is now in our names.

I assume we need to complete the form I am just unclear whether we do that before or when we submit the full planning permission application.

[PeterW]

Tbh in this situation I would ask them anyway. 

 

The amusing bit is that if you start before transferring liability then the current holder is liable for the CIL... it’s as much a seller responsibility to transfer as the buyer. 

 

I would expect that they will identify the full amount at the point of full PP. Don’t forget either that it’s not retrospective and if they miss it off the PP or fail to provide the liability notice then they cannot charge.