4. Are there any exemptions from paying CIL?
There is a right of set off against existing buildings that have been in lawful use for six months within the last three years. These buildings must be in existence at the time planning permission is granted. These can be taken into account if there is a change of use to the new development or if they are to be demolished.
If you are applying for permission for more than one dwelling you should be aware that CIL becomes payable as soon as the development commences. You may wish to consider submitting a phasing plan/scheme for consideration so that each dwelling can be treated as a separate phase and CIL only becomes payable when each separate phase starts. This is particularly important if you or a potential purchaser may be considering Custom Build or Self Build
There is a self build exemption process for residential development. If you are considering seeking a self build exemption you must ensure that you have submitted the required forms and received a grant of self build exemption from us before commencing development (which includes groundworks and demolition). If you fail to do this you will not be able to claim the exemption and will have to pay the full CIL amount immediately together with surcharges.
The self build exemption includes a claw back period of 3 years during which time we will share your data with Council Tax to ensure that you are still living in the property and have not sold it or rented it out.
There is also a residential annex/extension exemption process for annexes of any size and extensions of over 100 sqm (extensions of less than 100 sqm are not liable to pay CIL)
To check compliance with the conditions of the exemption we may share personal information with our Revenue teams.
We legally have to abide by the Community Infrastructure Levy Regulations 2010 (as amended). The CIL supporting policies sets out the policies relating to the operation of CIL that are left to our discretion.
As the CIL collecting authority we are obliged to ensure that all monies payable are collected and you are therefore advised to seek your own legal advice where necessary.