CIL exemption for new build

[WWilts]

New build in rear garden. Does the plot need to be split to enjoy CIL exemption? (part 2 CIL form requires title to be submitted)

[PeterW]

Yes - but you should have done part 1 before building ..? 

[SBMS]

Assume you requested and had your self build exemption approved prior to commencement? And that you did a form 6 notice of commencement before breaking ground?

 

If so then part 2 is about proving that you own the property for which you are claiming self build exemption. I don’t believe there is anything in the requirements that states the title deed must be solely for the property - just that the deeds encompass the property being claimed and that you are on the title for said deeds. 
 

You will struggle to get the deeds split,

completed and confirmation registered with land registry within 6 months ( required for part 2). We are waiting for land registry to confirm receipt of our plot title completed 9 months ago. Currently

the backlog for title registrations is 2 years our solicitor informs me 🙄. Although you can expedite if needed. 

 

[PeterW]

Don’t forget you also have to live in it for 3 years to keep the exemption 

[WWilts]

1 hour ago, SBMS said:

part 2 is about proving that you own the property for which you are claiming self build exemption. I don’t believe there is anything in the requirements that states the title deed must be solely for the property - just that the deeds encompass the property being claimed and that you are on the title for said deeds. 

 Phew, that's a relief. 
 

PS All the preceding steps done correctly

 

[WWilts]

1 hour ago, PeterW said:

Yes

Sure?
Conflicting opinions here

[PeterW]

11 hours ago, WWilts said:

Sure?
Conflicting opinions here

Yes sure - as you need title to the property for which you are claiming exemption and at point of validation they will require the addresses to match. If your planning is for “Garden of 43 Acacia Avenue”, your title provided must be for the land identified in the planning permission split into the correct title - so whatever your site plan showed in planning needs to match the title deed for what you are claiming for otherwise they can and will reject it if you submit the title deeds for 43 Acacia Avenue.
 

It is both in the statute and in the guidance notes that the exemption relates to the title and property therein -  you also need to provide a council tax bill and other documents relating - if the addresses don’t match then you will not get exemption.

 

I would split the title asap - why has it not been done before ..?

[SBMS]

8 hours ago, PeterW said:

Yes sure - as you need title to the property for which you are claiming exemption and at point of validation they will require the addresses to match. If your planning is for “Garden of 43 Acacia Avenue”, your title provided must be for the land identified in the planning permission split into the correct title - so whatever your site plan showed in planning needs to match the title deed for what you are claiming for otherwise they can and will reject it if you submit the title deeds for 43 Acacia Avenue.
 

It is both in the statute and in the guidance notes that the exemption relates to the title and property therein -  you also need to provide a council tax bill and other documents relating - if the addresses don’t match then you will not get exemption.

 

I would split the title asap - why has it not been done before ..?

Peter - have you got a link to the statute that the title plan must match? For example our CIL was issued against planning for 3 properties under the same title and when our plot was purchased (on a new title) the CIL liability was proportionally distributed against a notional ‘plot name’. Therefore technically our CIL liability was not against any title. Indeed our title at land registry simply refers to an area of land and no address (as the property will not be registered with the council and provided an address until completion). Guidance from our council was that the new address and council tax should indicate the address for occupation purposes but that the title provided for Part 2 is used purely for ownership purposes (not occupation purposes). Be good to get clarity on this!