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CIL on mixed use property change of use?


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Hi All,

 

Our property is a grade II listed property with a class E ground floor (Was previously a vet clinic but ceased trading 20 years ago and has been vacant since). The upper floor is C3 and has been used as a flat since 2009 with council tax band b payable. 

 

The downstairs floor has a rateable value of 10,500 per anum which allows us exemption on empy business rates, as well as it being listed which also allows business rate exemption. 

 

We are looking to submit a change of use for the downstairs floor, so the entire property is one dwelling (C3). 

 

Would we be liable for CIL? We were not sure as the town is technically not gaining a new dwelling... 

 

If we are liable for CIL, is there any way we an get around this? We have thought about open a limited company and registering it to the downstairs floor for 6 months... 

 

Thanks

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  • 2 weeks later...

@Aljo3 The CIL rules are pretty complicated.  Some FAQ here..

 

https://www.planninggeek.co.uk/planning/cil/cil-faq/

 

Extensions and conversions are liable for the CIL but you might be able to claim the exemption for self builders if you meet the criteria for that. Typically you have to formally apply for the exemption before starting any building work or you may loose the exemption and become liable to pay it.

You may also have to live there for 3 years after completion. 

 

Some councils have tried to argue the self build exemption does not apply to a conversion but read this thread to the end if they argue that.. 

 

 

Caution: The planners have been known to advise people they will be exempt as self builders only for them to loose the exemption later because they didn't formally apply for it on the right forms.

 

You are likely to need forms 2, 7 part 1, 6 (in that order!). Then 7 part 2.

 

See the flow chart at top of form 7.

 

https://www.planningportal.co.uk/planning/policy-and-legislation/CIL/download-the-forms

 

 

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Hi @Temp,

 

Since I posted we spoke to a planner. Our planner has mentioned that as we are not adding more than 100SQM and we are not creating a new dwelling (just adding rooms to an existing dwelling via a change of use) than CIL should not be chargable.

 

I am now unsure. Is he correct?

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