Community Infrastructure Levy: Importance of Ensuring That Commencement Notice is in the Correct Form

A word of warning for all private individuals building their own homes.

A recent High Court case determined that a self-builder’s email was not a commencement notice under the Community Infrastructure Levy Regulations 2010 (SI 2010/948) (CIL Regulations 2010). This meant that the self-build housing exemption for the (£36,861.43) CIL liability was lost.
Regulation 67 sets out specific requirements for the content and timing of a commencement notice.
The self-builder claimed that his email to the Council planning department (regarding commencement of works under a section 106 planning agreement) was a commencement notice for CIL, but where the notice should have been served on another Council department which dealt with CIL.

This case reinforces the need for strict compliance with the requirements of regulation 67 when giving a commencement notice and the importance of providing information to the correct council department.

Please contact Peter Collier if you have any concerns about your own self-build project.

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