Are you a self builder who has lost CIL Exemption due to a simple admin error?

[CCC]

Hello,

 

This message is aimed at self builders who have fallen foul of the Community Infrastructure Levy (CIL). I'm part of a growing group of homeowners and self-builders across the UK who have been unfairly hit with Community Infrastructure Levy (CIL) charges—often due to small administrative mistakes.

 

Our story is just one of many. We were undertaking a self-build project and should have been eligible for a CIL exemption. However, our nightmare began when our planning agent forgot to tick the CIL exemption box on the application. Thankfully, we managed to get the exemption granted.

 

But then, after submitting a minor amendment to our already-exempt planning permission, we didn’t realise we had to send in a second CIL commencement notice. As a result, and despite having no actual change in the nature of the build, we lost the exemption and were forced to pay the full CIL charge. All because of a single piece of paper.

 

We know we’re not alone in this. Many others have lost their rightful exemption due to issues like:

• Not submitting a CIL commencement notice
• Not ticking the correct exemption box
• Minor amendments triggering reapplication without full awareness

 

One council has conducted a review and refunded for such mistakes. We are trying to understand just how widespread this problem is. If you or someone you know has been affected in a similar way, please reach out—either through this forum or by joining the Fight CIL Justice group on Facebook (Fight CIL Injustice | Facebook).

 

Some people have been hit with demands for tens and hundreds of thousands when they should of been exempt.

 

We are hoping to bring awareness and push for fairer treatment for self-builders and homeowners who are being financially penalised for honest, simple mistakes but also a review and refund of these cases.

 

[Alan Ambrose]

Well I'm sorry to hear that and it's a good thing that someone is taking this nonsense on.

 

>>> after submitting a minor amendment to our already-exempt planning permission, we didn’t realise we had to send in a second CIL commencement notice

 

I've never heard of that particular excuse before - is it possible to say a bit more. What kind of amendment and 'non-material' or 'minor material amendment' and/or a 'Section 73 amendment'?

 

I'm interested what part of the CIL law details that gotcha? Did the LPA explain with reference to the law or did they just assert their position? I know some LPAs do make stuff up / 'have their own special interpretation' where the law is a bit vague. Was the LPA's assertion challenged by a solicitor?

[nod]

The problem with the Cil rules are They treat you like a developer assuming that you should know the rules before you set out You have a very small window to get your application in and agreed 

I’d been in the building industry and running my own business for over forty years and had never heard of a Cil Let alone be up to speed with all the rules 

Lucky for me our Architects advised me to make the application by email followed up with a phone call Otherwise we would have been in the same position as you 

[Gus Potter]

27 minutes ago, CCC said:

This message is aimed at self builders who have fallen foul of the Community Infrastructure Levy (CIL).

I feel for you. 

 

28 minutes ago, CCC said:

However, our nightmare began when our planning agent forgot to tick the CIL exemption box on the application. Thankfully, we managed to get the exemption granted.

Unfortunately planning and BC is a legal process. In day to day life we often cut folk a bit of leaway for genuine mistakes.

 

29 minutes ago, CCC said:

we didn’t realise we had to send in a second CIL commencement notice. As a result, and despite having no actual change in the nature of the build, we lost the exemption and were forced to pay the full CIL charge. All because of a single piece of paper.

It sounds harsh but if they cut one person a bit of slack then the same slack applies to developers who seek every avenue to take advantage of the system. 

 

31 minutes ago, CCC said:

One council has conducted a review and refunded for such mistakes.

This is encouraging, it's an appeal process. I can't see any reason for an appeal to not be retroactive.. which is what an appeal is.

 

The motto is, check and check again. Everyone on a design team will make a mistake at some point. Some are moot point's so are not material,  some in this case have caused lots of grief. 

35 minutes ago, CCC said:

We are hoping to bring awareness and push for fairer treatment for self-builders and homeowners who are being financially penalised for honest, simple mistakes but also a review and refund of these cases.

I suppose the worst case is to resubmit the planning application if it's not lapsed and tick the right box this time? 

 

21 minutes ago, Alan Ambrose said:

we didn’t realise we had to send in a second CIL commencement notice

Beware folks in Scotland. If you submit a planning amendment (BC often change the number) it often gets a different application number and sometimes is then treated as a new application. But the period for activating the planning is not extended as is the period of validity of a Building Warrant. 

[CCC]

Just to add our experience to the conversation—as self-builders, we should have been exempt from the Community Infrastructure Levy (CIL). We were granted CIL exemption and submitted our commencement notice before starting any work, as required. However, we made a small revision to the original plans (adding an extra bedroom in the loft) and submitted this as a minor amendment to the existing planning application.

 

Since we already had planning approval, we began digging the footings. To our surprise, we then received a CIL demand that was payable immediately. Unbeknown to us, the Council had treated the minor amendment as a new planning application. This meant we were required to submit a second commencement notice, even though it was clearly related to the original, CIL-exempt approval.

 

The Council sent someone to the site to take photos proving work had started, and we were forced to borrow funds to pay the CIL charge in full.

 

We know we are not alone—many self-builders, and even homeowners extending their properties or building annexes, have been caught out by this simple paperwork oversight mainly between 2010 to 2020. In some cases, people have received CIL bills totaling over £100,000—all because they didn’t submit a commencement notice, often through no fault of their own.

 

What’s most frustrating is that some Councils provided no warning or guidance on how serious the financial implications can be. If we’d known we needed to submit a second commencement notice for the amended plans, we would have done so. That one form would have saved us a huge financial burden.

 

When we tried to discuss the issue with the Council, we were met with a closed door and told simply, “It’s part of planning legislation.”

 

We’re now taking this issue to Parliament in the hope of changing the system and helping others in similar situations—people who should have qualified for CIL exemption, but lost it due to minor admin errors or a lack of clear guidance.

[Mr Punter]

I hate these ridiculous cliff-edge type rules.  They are unfair and unjust and the consequences are disproportionate to the error.

[Temp]

8 hours ago, CCC said:

digging the footings. To our surprise, we then received a CIL demand that was payable immediately. Unbeknown to us, the Council had treated the minor amendment as a new planning application

 

Did the first one get cancelled? If not I would tell them you are building to the first approval and then when finished make a new application to convert the loft to bedroom. That might have worked out cheaper than paying the CIL.

[CCC]

We had tried every which way. The council said we had one options to avoid CIL which was we didn't proceed with the extra bedroom and then the CIL exemption would remain.  However, if we tried to amend the design in any way shape or form in future we would have to pay the CIL charge as we had already started building the house and hadn't sent a commencement notice for the second. At no point did they even say this was an option to build and then submit a new application to convert the loft to a bedroom. But yet perhaps we should of tried it in hindsight! Thank you all for your comments and please do share to anyone you know affected by these ridiculous, unfair and disproportionate CIL charges.

[Tony L]

On 14/10/2025 at 21:16, CCC said:

... and were forced to pay the full CIL charge.

 

 

 Well done for taking them on.  I hope you win in the end.

 

How did they force you to pay?  Did this go to court?