RE: Failure to Submit a CIL Commencement Notice - Public forum - Planning Advisory Service (PAS)
RE: Failure to Submit a CIL Commencement Notice
Hi All
I know this issue has been discussed before, but I am just checking to see what the general practice is out there.
We recently did a physical check on all our self-builds that had not submitted a commencement notice and lo and behold, we discovered about a dozen that had started. We subsequently issued demand notices c/w surcharges and all of the builders are now going mad - some claiming they'll have to abandon their project and others saying they'll appeal. In my view, the penaly for not submitting a simple form is totally disproportionate so I do have some sympathy with them.
What has everybody else's experience been on this?
Tim.
Simon Anstey, modified 7 Years ago.
RE: Failure to Submit a CIL Commencement Notice
Enthusiast Posts: 74 Join Date: 17/07/15 Recent PostsTim, I agree that the penalty is disproportionate but unfortunately your understanding of the regulations is correct and if work starts without submission of a Form 6 the developer loses any exemptions granted and must pay CIL immediately in full. We also automatically impose a 20% or £2,500 surcharge. I go to great efforts to tell people the importance of submitting a Form 6 but still they don't do it. I feel uncomfortable with the penalties but have no local discretion.
REBECCA STADDON, modified 7 Years ago.
RE: Failure to Submit a CIL Commencement Notice
Advocate Posts: 103 Join Date: 05/09/13 Recent PostsI agree that the surcharge does seem disproportionate but we also impose all surcharges applicable so in this instance the CIL would become payable in full immediately along with the £2500.00 surcharge. Dependent on how far the development has progressed we would also charge the 30 day late payment surcharge if appropriate.
I'd also be interested to know on what grounds they are going to appeal as they can't say that they haven't started without submitting a Commencement Notice??
Thanks to both of you - it is as I suspected and we will forge ahead with no mercy.
As for the builders threatening to appeal, nothing has come forward so maybe it is just a threat. A couple have asked for a meeting to see if there is any flexibility, but we have reiterated our position and stated that the Regulations are very exact on this matter. They seem to think that submission of a Building Regs Notice was sufficient, but we remind them that on all our communications and formal notices (eg. the Liability Notice) it says that a valid CIL Commencement Notice is required. I have since done a general email to all builders, agents and architects on our database reminding them of their responsibilities regarding CIL. Hopefully the penny will drop soon...
Tim.