Cassie Posted January 18 Share Posted January 18 Hi, I'm Cassie, new to this site. I have bought a plot, with planning permission for a bungalow I don't want to live in! My architect and planning consultant advised building a soakaway in order to keep the planning permission live, and this has duly been done and approved by building control. In the meantime, we have been working on a new design, which has gone through a pre-app, and come out with loads of comments from the planning officer. We are now almost ready to submit a full planning application, having taken on board the feedback from the planning officer. But all of a sudden, I've received a demand for a huge CIL payment from the infrastructure department, as consent for commencement was not applied for at the time of building the soakaway - which is literally a hole in the ground (and now a very expensive one). I should stress that I am a self-builder, and have been on the register since 2018. Any comments on how to address the CIL demand would be much appreciated. Link to comment Share on other sites More sharing options...
nod Posted January 18 Share Posted January 18 Unfortunately Your second sentence tells otherwise By not intending to live in the house as your main residence for a minimum of three years after BC sign off You will be classed as a developer Link to comment Share on other sites More sharing options...
Moonshine Posted January 18 Share Posted January 18 (edited) Did you, your architect or, your planning consultant not submit a self build exception form prior to the start of works? If they didn't and you have started work, I don't think that you have much recourse and will need to pay the CIL bill. As for who's responsibility it was to submit the cil exception that could be an awkward conversation. I think ultimately its your responsibility but your architect/ planning consultant should have highlighted it to you The key thing is that form has to be submitted to the council and confirmed by the council before any works are commenced to claim the CIL exception. Building the soakaway has been deemed to commence work with the exception in place. Edited January 18 by Moonshine Link to comment Share on other sites More sharing options...
Moonshine Posted January 18 Share Posted January 18 1 minute ago, nod said: Unfortunately Your second sentence tells otherwise By not intending to live in the house as your main residence for a minimum of three years after BC sign off You will be classed as a developer I think she is saying she doesn't want to live in the house the permission was grant for on the plot she brought, nd it's being redesigned and planning is being sought for th design change Link to comment Share on other sites More sharing options...
Alan Ambrose Posted January 18 Share Posted January 18 (edited) Hmmm, there is a possibility you might have accidentally fallen into a tax trap set (deliberately or maybe accidentally) by the drafters of the CIL legislation. Check the recent thread on a somewhat similar situation. Someone on the thread mentioned a good CIL lawyer - you may need their help. I have not actually seen myself where the CIL law describes this set-up. I think we need to determine where this trap is described in the law - if indeed it is. Edited January 18 by Alan Ambrose Link to comment Share on other sites More sharing options...
Alan Ambrose Posted January 18 Share Posted January 18 (edited) p.s. if you have the advice to build the soakaway documented you may have a PI claim against the advisor. This was the thread: Lastly, I see Nichola Gooch at Irwin Mitchell is one such CIL lawyer. https://www.irwinmitchell.com/our-people/nicola-gooch (I found her with a random search when I was trying to find about about this stuff) Do report back. Edited January 18 by Alan Ambrose Link to comment Share on other sites More sharing options...
Alan Ambrose Posted January 18 Share Posted January 18 Also: this may alleviate an immediate charge in favour of a small-ish penalty: https://www.warwickdc.gov.uk/info/20798/community_infrastructure_levy_cil/1207/cil_surcharges - but the big prize, of course, is to retain your self-build exemption. Link to comment Share on other sites More sharing options...
nod Posted January 18 Share Posted January 18 55 minutes ago, Moonshine said: I think she is saying she doesn't want to live in the house the permission was grant for on the plot she brought, nd it's being redesigned and planning is being sought for th design change Ah redesign the house build then live in it Planning consultant and architect Whilst they are not responsible for the cil submission They should have pointed out that starting any work would leave her open to the full cil levy Link to comment Share on other sites More sharing options...
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