PART 6E+WEXEMPTIONS AND RELIEF

[F1Exemption for self-build housing: procedureE+W

54B.—(1) A person who wishes to benefit from the exemption for self-build housing must submit a claim to the collecting authority in accordance with this regulation.

(2) The claim must—

(a)be made by a person who—

(i)intends to build, or commission the building of, a new dwelling, and intends to occupy the dwelling as their sole or main residence for the duration of the clawback period, and

(ii)has assumed liability to pay CIL in respect of the new dwelling, whether or not they have also assumed liability to pay CIL in respect of other development;

(b)[F2subject to paragraph (3A),] be received by the collecting authority before commencement of the chargeable development;

(c)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);

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

(e)where more than one person has assumed liability to pay CIL in respect of the chargeable development, clearly identify the part of the development that the claim relates to.

(3) [F3Subject 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)(b) and (3) do not apply where an exemption for self-build housing has been granted in relation to a chargeable development and the provision of self-build housing or self-build communal development changes after the commencement of that development.]

(4) As soon as practicable after receiving a valid claim, and subject to regulation 54A(10), 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) [F5and provide an explanation of the requirements of regulation 67(1)].

(5) A claim for an exemption for self-build housing is valid if it complies with the requirements of paragraph (2).

[F6(6) A person who is granted an exemption for self-build housing 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