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Will High Court Ruling Impact Self Builders' Cil Exemption?


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#1 Logix1

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Posted 08 August 2015 - 11:48 PM

I was wondering whether the court case reported in this Guardian article: http://www.theguardi...vernment-policy this week will have an impact on self builders' CIL exemptions? It strikes me that there are parallels between this case relating to affordable homes/section 106 and the CIL exemption for self-builders?, It has the potential to make the current exemption invalid? I suspect it comes down to whether DCLG adequately assessed the impact of the CIL exemption on LAs and went through a reasonable consultation process? It appears that it will impact small sites of less than 10 homes, but will it impact self builds?

I would be interested in your comments as it could prove quite costly to my potential self-build?

#2 temp

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Posted 09 August 2015 - 11:59 AM

There could be an impact but it would need a council or similar to take the government to court. It's not clear if councils are loosing enough money to self builders to make that worthwhile.

The self build CIL exemption has some rules you need to be aware of if not already. For example you aren't automatically exempt. You have to claim it after getting planning permission and before actually starting construction. You also have to live in the house for three years.

Self builders are also exempt from S106 contributions to affordable housing but not other S106 such as contributions towards school classrooms or the provision or maintenance of open space. Unlike the CIL an S106 has to be necessary to make the planning application acceptable in planning terms. So it should be seen as mitigating the impact of your specific project. The CIL on the other hand can collect money for all sorts of council projects such as road building miles away from your site.

Edited by temp, 09 August 2015 - 12:00 PM.


#3 joiner

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Posted 09 August 2015 - 03:40 PM

My understanding is that self-builders were specifically targetted for exemption before Brandon Lewis demonstrated his capacity for totally misunderstanding the housing market and how Local Authorities have been forced to finance the affordable housing that central government (HIS government) is insisting they, the LAs, provide. Brandon Lewis, hopefully, now understands that there is no such thing as a magic-money fairy that employs little elves to go around picking money off trees grown from fairy dust. :angry:

#4 warby

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Posted 09 August 2015 - 07:09 PM

View Postjoiner, on 09 August 2015 - 03:40 PM, said:

My understanding is that self-builders were specifically targetted for exemption before Brandon Lewis demonstrated his capacity for totally misunderstanding the housing market and how Local Authorities have been forced to finance the affordable housing that central government (HIS government) is insisting they, the LAs, provide. Brandon Lewis, hopefully, now understands that there is no such thing as a magic-money fairy that employs little elves to go around picking money off trees grown from fairy dust. :angry:
Joiner - you will have upset a lot of bankers who do believe that there is "magic-money fairy that employs little elves to go around picking money off trees grown from fairy dust.", That is how their bonuses are justified.