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New CIL regulations guidance available on the Planning Portal

by on February 24, 2014

Following our earlier post about amendments to the Community Infrastructure Levy regulations (CIL) that came into force today, we can confirm that the new regulations can be accessed here.

We have also amended the existing CIL forms to reflect the new regulations and added forms to cater for the new exemption for self-build housing.

5 Comments
  1. Mr Patel permalink

    I am a householder, extending our primary (and only) house by 80m2.I am about start digging the foundations. A few questions, Should I fill out the CIL form before doing this so I can claim exemption or do I run the risk? Later after this is complete we intend to extend the garage into a grannie flat under development rights again less than 100m2 for the use of teenage son.
    We will be living in it for at least three years and will be using trades doing some of the work myself whilst managing the projects.
    As the CIL is new, the planners seem to not to know much. We don’t want to hit for the CIL as the foundation work will commence this week, yet the Building Control company had issued this was due to start in 2012.
    Am I worrying too much about this, as the council /planners could later ask for the CIL, due to their lack of understanding of the new CIL regs?

    Thanks for any help!

  2. Moira White permalink

    Not exactly a response to the above question but a further query around the same issues.

    I work for an authority that has already implemented CIL.

    The new CIL regs. contains a definition of “clawback period” for both residentail annexes and self-build housing of three years. No “clawback period” is referred to for house extensions. However the clawback period for all other purposes is 7 years.

    Reg 42 similarly differentiates between residential annexes and extensions with Reg 42A and B referring to both and Reg 42C only referring to annexes. So far so good.

    However the new “Self Build Annexe or Extension Claim Form” on the Planning Portal refers to both annexes and extensions and asks at section C for all boxes to be ticked and the applicant to declare that the main dwelling is their sole or main residence and will be occupied for a period of 3 years from completion of the annexe / extension. Is this right? This doesn’t seem to reflect the legislation.

    I think we need a separate form for extensions whereby the applicant only needs to confirm it is their main dwelling. Do we even need them to do this?

    Any clarification on this matter would be appreciated.

    • I’m afraid I can’t answer many of these policy-related CIL questions. However, DCLG have a dedicated CIL email address for these sorts of enquiries.

      It’s cil@communities.gsi.gov.uk

      • Moira White permalink

        Thanks.
        I’ve already emailed them last week.

    • Mr Patel permalink

      I absolutely agree with Moira’s comments having done the CIL forms, despite clearly showing that the residential property is being extended less than 100m2. Some councils have software that works straight off the application and for example works out that the sloping areas in lofts that are not walkable under…. all a grey area, depending on the local authority

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