Temp Posted March 13, 2019 Share Posted March 13, 2019 It's been said before, but to qualify for the CIL exemption you have to follow a strict process. Including notifying the council of your commencement date. Well apparently the regs on this are contradictory.... https://www.theguardian.com/money/2019/jan/27/a-24000-penalty-for-failing-to-submit-one-piece-of-paper-to-the-council The problem is an obscure technicality. Deep amid the small print is regulation 42B (6) which states that the exemption will be revoked if the homeowner fails to return a “commencement notice” which notifies the council that the works are due to start. Even deeper is an apparently contradictory regulation 67 (1A), added in 2014, stating that exempted residential extensions don’t require to file this notice. Best file a commencement notice anyway. Link to comment Share on other sites More sharing options...
newhome Posted March 13, 2019 Share Posted March 13, 2019 Sadly I’m not surprised. And send it by recorded delivery and confirm that the council has received it https://www.blakemorgan.co.uk/news-events/blog/cil-commencement-notices-proof-postage/ And ensure that you use the form, not an informal method https://blogs.lexisnexis.co.uk/content/built-environment/self-builder-stung-with-huge-penalty-for-invalid-cil-commencement-notice And a LA view and reference to a check of self builds that have started without submitting the form. https://www.khub.net/web/planningadvisoryservicepas/forum/-/message_boards/message/29966092 Link to comment Share on other sites More sharing options...
geoffdg Posted March 21, 2019 Share Posted March 21, 2019 Hi all, We will be applying for planning permission in a couple of weeks time and not wanting to fall into the trap, can anyone let me know the correct timings for what I believe is a 4 part document. Form1: Assume liability form Form 2: Claim exception form Form 3: Commencement form Form 4: Confirmation of details form. Thanks, Geoff Link to comment Share on other sites More sharing options...
oldkettle Posted March 21, 2019 Share Posted March 21, 2019 We were made to include the first two in our planning application. Link to comment Share on other sites More sharing options...
newhome Posted March 21, 2019 Share Posted March 21, 2019 The commencement form has to be received by the council not later than a day before you start ANY work on site. Ideally ensure that you send registered post and ask for confirmation of receipt. Bear in mind the documents that you need to return with form 7 (exemption form part 2) that has to be returned within 6 months of the completion certificate being issued. In section B you have to provide one of the following: (a) An approved claim from HM Revenue and Customs under `VAT431NB: VAT refunds for DIY housebuilders' (b) Proof of a specialist Self Build or Custom Build Warranty* for your development (c) Proof of an approved Self Build or Custom Build Mortgage# from a bank or building society for your development. See the full form here: https://ecab.planningportal.co.uk/uploads/1app/forms/form_7_self_build_part_2_exemption_claim.pdf If you aren’t intending on getting b or c then it only leaves the VAT reclaim. If you don’t get that approved by HMRC you could be in trouble plus when I sent mine (within 3 months of the completion certificate) HMRC took 20 weeks to approve the claim which would have been longer than 6 months after the completion certificate. I didn’t have CIL to worry about but I wonder what would happen if someone was unable to evidence the claim in 6 months. I imagine some councils may decide to take a ‘not compliant’ view even though HMRC’s speed of processing a claim is outside your control. Link to comment Share on other sites More sharing options...
geoffdg Posted March 21, 2019 Share Posted March 21, 2019 Thanks, We will have "A" & "B", good point with the VAT. It does seem a ridiculous system. Link to comment Share on other sites More sharing options...
Temp Posted March 21, 2019 Author Share Posted March 21, 2019 +1 The key it that your exemption must be granted and your notice of commencement received before you start work on site. Best ask the council to confirm receipt in writing (include an SAE?) rather than relying on using a signed for delivery service. Our planners signed for brick samples, lost them and the person that signed for them couldn't be identified from the sig. Link to comment Share on other sites More sharing options...
geoffdg Posted March 21, 2019 Share Posted March 21, 2019 Good idea, Temp Link to comment Share on other sites More sharing options...
Patrick Posted March 22, 2019 Share Posted March 22, 2019 Hi all, bit of a stupid question , but it's my English =stupid foreigner : I am writing the Commencement Notice atm and the second section of it says: "Details of collecting authority to whom the notice is being sent" (https://ecab.planningportal.co.uk/uploads/1app/forms/form_6_commencement_notice.pdf) What/who do they mean? Should I put Name of the Support Officer for the CIL case in there and the authority? Please enlighten me. Link to comment Share on other sites More sharing options...
BotusBuild Posted May 9, 2019 Share Posted May 9, 2019 Patrick, Collecting Authority is the Local Planning Authority e.g. Cornwall Council Link to comment Share on other sites More sharing options...
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