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Submit plansI was granted planning for a detached house and the development was subject to a 106 CIL payment. I spoke with planning for any possible exemptions and they said I must pay the full CIL payment and complete CIL Form 2 and CIL Form 6 prior to commencing the development. I had just completed the forms for this development and only last week received the Revised CIL Liability Notice and a CIL Demand Notice. The property is only 276m2 and CIL payment is just over £27,000. Fortunately, I came across some information you kindly provided on your website (self-build.co.uk): “The S106 issue was resolved in May when the high court restored the government’s advice that projects of 10 homes or fewer with a cumulative floor area of no more than 1,000m2 should not be liable”. I have not started developing yet, can you kindly advise if I can get any exemption?
A single detached house would typically attract a requirement to pay CIL (Community Infrastructure Levy) although not all councils charge it. Thankfully, self builders can claim the self-build exemption, assuming they intend to live in the house for three years following its completion. It is essential this be claimed prior to commencement of the works, using Form 7.
It is unclear why you haven’t claimed exemption in this case. S106 refers to legal agreements between applicants and council. These might be used to secure payments towards almost anything but typically towards local infrastructure including road improvements, affordable housing, or mitigation of environmental impacts.
CIL has largely done away with S106 agreements concerning infrastructure payments, and, as you say, contributions towards affordable housing should not be sought for schemes of less than 10 houses. Given the large amount of money being sought by the council, it would be advisable to seek professional advice from a planning consultant to see whether this charge could be avoided.