The Community Infrastructure Levy Regulations 2010

Social housing relief: disposal of land before occupation E+W

52.—(1) This regulation applies where—

(a) social housing relief has been granted in respect of a chargeable development;

(b) an owner (O) of the relevant land makes a material disposal of land on which qualifying dwellings [F1 or qualifying communal development] will be situated to another person (P1); and

(c) the disposal is made before those qualifying dwellings are made available for occupation [F2 or that qualifying communal development is made available for use].

(2) P1 is deemed to benefit from an amount of social housing relief equal to the qualifying amount for the qualifying dwellings [F3 or qualifying communal development] which will be situated on the land O disposed of to P1.

(3) The qualifying amount mentioned in paragraph (2) must be calculated in accordance with regulation 50, and for the purposes of that calculation—

(a) the value of Q_R is the gross internal area of the part of the chargeable development—

(i) which will comprise qualifying dwellings [F4 or qualifying communal development] and be situated on the land O disposed of to P1, and

(ii) in respect of which, but for social housing relief, CIL would be chargeable at rate R; and

(b) the value of E is the value of E as calculated at the time social housing relief was granted in respect of the chargeable development.

(4) The person (P2) who, before O disposed of the land, benefited from social housing relief in respect of the part of the chargeable development situated on that land is deemed to benefit from an amount of relief equal to the residual amount.

(5) The residual amount is the difference between the amount of social housing relief from which P2 benefited before O disposed of the land and the amount from which P1 is deemed to benefit calculated in accordance with paragraph (2).

(6) O must notify the collecting authority in writing of the disposal as soon as practicable after it occurs.

(7) The notification must—

(a) state the gross internal area of the qualifying dwellings [F5 or qualifying communal development] which will be situated on the land which has been disposed of;

(b) be accompanied by a map or plan which identifies the location of those dwellings [F6 or development (as the case may be)]; and

(c) state the name and address of O, P1 and (if P2 is not O) P2.

(8) O must send a copy of the notification to P1 and (if P2 is not O) P2.

(9) On receiving the notification the collecting authority must send an acknowledgment of receipt to O, P1 and (if P2 is not O) P2.

Textual Amendments

F1 Words in reg. 52(1)(b) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(8)(a)(i)

F2 Words in reg. 52(1)(c) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(8)(a)(ii)

F3 Words in reg. 52(2) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(8)(b)

F4 Words in reg. 52(3)(a)(i) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(8)(c)

F5 Words in reg. 52(7)(a) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(8)(d)(i)

F6 Words in reg. 52(7)(b) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(8)(d)(ii)

Commencement Information

I1 Reg. 52 in force at 6.4.2010, see reg. 1