CIL complication

[Selfbuildsarah]

Our self build is on part of a development currently awaiting planning permission (hopefully with a decision this coming week). We have understood what paperwork we need to do, when and in what order. Our complication is that, not only do we have to wait 2-3 years for them to build down to our plot so that we can start but, the developers of the site have tacked our self build onto their planning application. Having just re read the CIL requirements again I see there is a Form 1 which is submitted with planning. Because we are included in their planning application do we also need to submit Form 1 ourselves?

TIA

Edited May 4 by Selfbuildsarah
Typo

[DevilDamo]

Sorry, I’m confused. Who is building this house… you or the developer?

[Selfbuildsarah]

We are. Land is ours. We retained a plot and sold rest of land.

Edited May 4 by Selfbuildsarah
Addition of info

[nod]

You need to get it removed and put on a separate application We have two plots and whilst we realized we could only qualify for one Cil Our cil application was refused as we had included the other plot on our ap Even though we only intended putting the foundations in for the second 

The chap at the Cil office was really good and explained By putting in for two houses I’d become a developer 

I changed the application and they quickly sent out anther email exempting us from the 65 k That would have been due three weeks from breaking ground

 

[Selfbuildsarah]

We are only building one house, for us.

[nod]

1 hour ago, Selfbuildsarah said:

We are only building one house, for us.

Then you have no problem 

[Kelvin]

Why have they added your self-build to their application. That doesn’t seem good for you or them? And how have you ended up in a position where you are reliant upon them building down to you before you can start? 

[Selfbuildsarah]

Kelvin, they were trying to be helpful and save us time, hassle and money. We always knew we were going to have to wait until they were well into the build as our plot is adjoining a piece of land not included in the sale at the bottom of the development.

[Kelvin]

Fair enough but personally I’d want everything to be separate and as straightforward as possible. What happens if they run into trouble part way through their development and have to stop for some reason so it takes much longer than 2 or 3 years or go bust? Where would it leave you? These things happen. Not pouring cold water on your plans. It’s exciting building a house. But it’s also risky and stressful. And things go wrong. 

Edited May 4 by Kelvin

[Alan Ambrose]

_{My LPA’s CIL guys are quite helpful. Suggest running the problem by yours asap.}

[nod]

6 hours ago, nod said:

Then you have no problem 

They can only go off the planning application Remove yours Job done 

[Selfbuildsarah]

The planning application is for 120 houses plus one self build. What I’m asking is, do we have to submit a Form 1 prior to submitting a Form 7 because it’s not our application, it’s the developers?

Edited May 5 by Selfbuildsarah
omission

[DevilDamo]

Neither. You should speak to the CIL department at the Council as you may have to go through a Transfer of Liability process first.

[Selfbuildsarah]

Thanks DevilDamo, just read about Transfer of Liability following your post. Now my head’s spinning. Def must speak to CIL officer asap. We must not get this wrong. Thanks again.

[DevilDamo]

If anything, including your property within the original application has not made the situation very easy… not just in terms of CIL but also any other Planning obligations and conditions.

[Selfbuildsarah]

What sort of planning obligations and conditions are you thinking of? The whole site has gone through planning as one.

[DevilDamo]

They’ll be outlined in the Planning approval.

[Selfbuildsarah]

Sorted!
Planners require Form 2 Assumption of Liability form from the developer covering their units and also one from us covering our self build.
Form 7 Self Build Exemption Part 1 from us going in at the same time.

[Alan Ambrose]

Congrats

[Selfbuildsarah]

Interestingly we have been told we do not need to complete a Form 6 commencement notice as we are considered part of the whole site.

[Alan Ambrose]

That's curious - it's usually a gotcha form - forget and you get penalised. This is from your local CIL guys at your LPA? 

 

I might send one to them anyway for safety.

[Selfbuildsarah]

Hi Alan, they have just revised this as the developers have said they are now phasing the build. In what way this affects things I’m not sure but CIL officer has said we also need to do a Form 6 now. We are away on hols at the moment. Will update when we get home. Like you, will send one anyway. Can’t be too careful.