The Community Infrastructure Levy Regulations 2010

[F1 Exemption for residential annexes or extensions: procedure E+W

42B.— (1) A person who wishes to benefit from the exemption for residential annexes or extensions must submit a claim to the collecting authority in accordance with this regulation.

(2) The claim must—

(a) [F2 subject to paragraph (3A),] be received by the collecting authority before commencement of the chargeable development;

(b) be submitted to the collecting authority in writing on a form published by the Secretary of State (or a form substantially to the same effect);

(c) include the particulars specified or referred to in the form; and

(d) be accompanied by the documents specified or referred to in the form.

(3) [F3 Subject to paragraph (3A),] a claim under this regulation will lapse where the chargeable development to which it relates is commenced before the collecting authority has notified the claimant of its decision on the claim.

[F4 (3A) Paragraphs (2)(a) and (3) do not apply where an exemption for residential annexes or extensions has been granted in relation to a chargeable development and the annex or extension changes after the commencement of that development.]

(4) As soon as practicable after receiving a valid claim F5 ... the collecting authority must grant the exemption and notify the claimant in writing of the exemption granted (or the amount of relief granted, as the case may be) [F6 and, in relation to an exemption for residential annexes, provide an explanation of the requirements of regulation 67(1)].

(5) A claim for an exemption for residential annexes or extensions is valid if it complies with the requirements of paragraph (2).

[F7 (6) A person who is granted an exemption for residential annexes or residential extensions ceases to be eligible for that exemption if a commencement notice is not submitted to the collecting authority before the day the chargeable development is commenced.]]

Textual Amendments

F1 Regs. 42A-42C inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(1)

F2 Words in reg. 42B(2)(a) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 6(2)(a) (with regs. 1(4), 13)

F3 Words in reg. 42B(3) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 6(2)(b) (with regs. 1(4), 13)

F4 Reg. 42B(3A) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 6(2)(c) (with regs. 1(4), 13)

F5 Words in reg. 42B(4) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(5) (with Sch. 3)

F6 Words in reg. 42B(4) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 6(2)(d) (with regs. 1(4), 13)

F7 Reg. 42B(6) omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 6(2)(e) (with regs. 1(4), 13)