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Community Infrastructure Levy: Avoiding the Pitfalls of the Self-Build Exemption
If you are planning a development that involves the construction of a new building it is likely you will have to pay a Community Infrastructure Levy (“CIL”) unless a relevant exemption applies.
There are a number of exemptions. One is the self-build exemption which is available if you build a new home and occupy it as your sole or main residence for at least 3 years.
There is a specific process that must be followed to claim the exemption which includes submitting a number of forms to your local planning authority (“LPA”) within specified timescales. A failure to follow this process could result in the exemption being withdrawn and payment of the CIL becoming due in full. A surcharge could also be added to the bill.
Common mistakes that have led to the exemption being withdrawn and/or a surcharge being incurred include:
- failing to serve the forms on the LPA;
- serving the forms at the wrong times; and
- failing to check that the LPA has received the forms before commencing the development.
These are all avoidable mistakes and ones which could cost you dearly. To avoid the same pitfalls, it is crucial you follow the correct procedure when making a claim for the self-build exemption, or any other exemption.
If you require any advice or assistance with claiming an exemption to CIL then please do not hesitate to get in touch with our experienced team of planning solicitors on 01392 207020.