A recent appeal case decision has underlined why it is essential that self-builders serve the Assumption of Liability Notice and the Commencement Notice on the Local Authority before starting work on a development which would otherwise be liable to CIL.

Under the 2010 CIL Regulations, self-builders are able to claim exemption from liability for CIL.

In appeal decision APP/W4705/L/20/1200399, the self-builder accepted that an Assumption of Liability Notice and Commencement Notice had not been submitted and works had commenced on site.

The Inspector found that it was a matter of fact that no Assumption of Liability Notice or Commencement Notice had been submitted, and dismissed the appeal, upholding the surcharges levied by the Local Authority in respect of the development.

Should you require any advice with regard to proper service of CIL Notices, please contact any member of our Commercial & Property Department for further advice.