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5. In regulation 49A, for paragraph (2) substitute—
“(2) For the purposes of this regulation a dwelling is a qualifying dwelling if criteria (a), (b) and (c) are met in relation to it—
(a)criterion (a) is that the dwelling is sold for no more than 80 per cent of its market value (where the market value at any time is the price which the dwelling might reasonably be expected to fetch if sold at that time on the open market);
(b)criterion (b) is that the dwelling is sold in accordance with any policy published by the charging authority under regulation 49B(1)(a)(iii); and
(c)criterion (c) is that at least one of the following requirements is met—
(i)a planning obligation has been entered into prior to the first sale of the dwelling designed to ensure that any subsequent sale of the dwelling is for no more than 80% of its market value; or
(ii)the liability to pay CIL in relation to the dwelling remains with the person granted discretionary social housing relief.”.
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