Randomiser Posted November 6, 2018 Share Posted November 6, 2018 Hi All My first post, so please be gentle. We are close to exchanging contracts on a site with detailed consent already in place. One of the positives about the site is that the consent was granted before the local authority had its CIL in place, there is also no s.106. Now we are having a bit of a wobble as we think that a couple of the bedrooms may be a bit small. But, if we go back and try to get consent for a slightly larger footprint the new consent will have a CIL attached to it. We think if we do that we are in effect paying twice, as the price we are paying for the site includes some premium for the fact there is no CIL or s.106. I had thought to myself that one option would be to make the house a little bigger under Permitted Development, we only want to push the rear wall back by somewhere around 1 to 2 metres. But having read a recent thread here I now understand that those Permitted Development rights will not come into existence until the house is complete. This does not really help as clearly we do not want to build the house as approved and then immediately afterwards knock the back of it down and extend by 2 metres, that would be a silly idea from a timetable and budget perspective. I am now wondering whether it is possible to apply for an extension to the house before it is built and then effectively build this at the same time as the house as approved. Or is this like Permitted Development and you are not able to extend something that is not yet built? If it is possible to apply for an extension now there is logical discussion to be had with the planning department, given that if it is not apprived it can be built under Permitted Development anyway (the consent did not remove the Permitted Development rights). Maybe the planners rely on the extra cost and time to enlarge under Permitted Development immediately after a new house is built to stop this happening. But then in most cases a new application could be made, as there would already be a CIL in place and so the incremental cost would not be that great. I would be interested in any thoughts that others have on this topic. Thanks, Randomiser. Link to comment Share on other sites More sharing options...
ToughButterCup Posted November 6, 2018 Share Posted November 6, 2018 5 minutes ago, Randomiser said: [...] If it is possible to apply for an extension now there is logical discussion to be had with the planning department, given that if it is not apprived it can be built under Permitted Development anyway (the consent did not remove the Permitted Development rights). [...] Is the question: can we build under PD rights? If so, the answer is highly likely to be yes. Provided you follow the guidelines. Here is chapter and verse. Link to comment Share on other sites More sharing options...
PeterW Posted November 6, 2018 Share Posted November 6, 2018 Welcome ignore the CIL..! If you are building for your own use, and you follow the process to the letter, then self builders are exempt from paying. Just be careful though that you don’t time out the original permission whilst waiting to get permission for the new build. 1 Link to comment Share on other sites More sharing options...
Ferdinand Posted November 6, 2018 Share Posted November 6, 2018 Welcome to the madhouse. Link to comment Share on other sites More sharing options...
Randomiser Posted November 6, 2018 Author Share Posted November 6, 2018 22 minutes ago, recoveringacademic said: Is the question: can we build under PD rights? If so, the answer is highly likely to be yes. Provided you follow the guidelines. Here is chapter and verse. Thanks for that, I have been through that guidance and I am certain what we would want to do is within the scope of Permitted Develeopment. But from what I have read on this forum those Permitted Developmet rights do not exist until the house is built. So, at this stage the initial simple question is - can an application for an extension to a house be made before a house has been built? Randomiser. Link to comment Share on other sites More sharing options...
Ferdinand Posted November 6, 2018 Share Posted November 6, 2018 (edited) Snipped. Misread question. Edited November 6, 2018 by Ferdinand Link to comment Share on other sites More sharing options...
newhome Posted November 6, 2018 Share Posted November 6, 2018 Welcome to BuildHub. As @PeterW says you can apply for an exemption from CIL as a self builder but it is important that you do so by the letter and before you start ANYTHING to do with the build. You also have to live in the house for 3 years post completion generally or the LA can claw it back. Link to comment Share on other sites More sharing options...
newhome Posted November 6, 2018 Share Posted November 6, 2018 Another thing to bear in mind is that you have to build to the agreed plans for the VAT reclaim and you don’t want to run into an issue with HMRC. Link to comment Share on other sites More sharing options...
newhome Posted November 6, 2018 Share Posted November 6, 2018 And a bit of info on S106 and CIL exemptions for you. Worth checking with your specific council. https://www.homebuilding.co.uk/what-is-section-106/ https://www.homebuilding.co.uk/cil-exemption-confirmed/ Link to comment Share on other sites More sharing options...
Randomiser Posted November 6, 2018 Author Share Posted November 6, 2018 If I can avoid any CIL liability I would like to do that. There is some talk of my employer moving the department I work in to another area, nothing like certainty so I can't let the rumours rule my life but would hate to have to move in less than 3 years and trigger a CIL claw back. What I find a bit odd is that I would have thought it would be a simple question to answer with a google search, but so far I can not find anything on whether you can apply to extend a house before it is actually built. VAT is a good point and I will look in to that further. Randomiser. Link to comment Share on other sites More sharing options...
newhome Posted November 6, 2018 Share Posted November 6, 2018 19 minutes ago, Randomiser said: What I find a bit odd is that I would have thought it would be a simple question to answer with a google search, but so far I can not find anything on whether you can apply to extend a house before it is actually built. I imagine it’s because most councils expect you to apply for a new PP to do so. We tried to do it without, the council wouldn’t allow it, my husband did it anyway ?, and I ended up with months of hassle and hell with a stand off between the council and the structural engineer. The council wouldn’t issue the completion certificate due to the existence of the extension. I did get it in the end but I wouldn’t advise you to do it unless completely agreed. I’m in Scotland so the process is slightly different. Link to comment Share on other sites More sharing options...
Ferdinand Posted November 6, 2018 Share Posted November 6, 2018 1 hour ago, Randomiser said: I would have thought it would be a simple question to answer with a google search Welcome to the Planning System ???. Link to comment Share on other sites More sharing options...
the_r_sole Posted November 6, 2018 Share Posted November 6, 2018 (edited) . Edited September 26, 2019 by the_r_sole Link to comment Share on other sites More sharing options...
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