Hi, I have a case where a self build person has not done any of the 3 part two requirement, no VAT claim, no self-build warranty and no self build mortgage.
Does this mean they cannot qualify for the self build exemption now?
We would say no because they haven't met the requirements of Reg 54C(3)(c). We have been flexible on the type of document they can submit, but to submit none of them means there is a disqualifying event under Reg 54D(2)(b), so the exemption should be withdrawn.
I would agree with Richard. I have not had many submissions of Form 7 part 2 and have been wondering how easy it would be for people to provide the necessary evidence. If your applicants Rebecca are stating that they are self-builders, what are their reasons for not having any of the 3 requirements and what evidence do they have that they have self-built? If they can't meet the requirements to prove they are self-builders then by definition they are not self-builders as set out in the CIL regulations.
Thank you both I appreciate the response, it was what I thought it would be.
No DIY VAT claim as their builder on advice from his accountant didn't charge them VAT??? Although I know that some of the development they did get charged VAT on because it wasn't done by the builder, this was the kitchen and the carpets, so maybe they could/should put in a small claim.
No warranty as they didn't want it, no idea why.
No mortgage because they used their assess and capital to build.
assets not assess.....
Thanks Rebecca- Interesting. Undertaking a self-build project is a complex and demanding task. Sounds like your applicants should have done a bit more research and planning. Let's hope they don't come unstuck with their lack of warranty. The builder already sounds like some of his practices are not ideal!
We've had a very similar case here. The applicants are now trying to find some alternative documentation that might meet the requirements. It's something applicants and agents (and builders) need to be more aware of. At the end of the day when they apply and sign Part 1, they agree they will provide the necessary documentation, so it's their fault for not doing the research!
Very true, some this case sounds potentially a bit unscrupulous. I am going to try to be flexible and if they put a claim in now for the VAT I may allow it but they are fast running out of time on the 6 months deadline. You also would have thought that their project manager would have given them more professional direction, but quite right in the end they needed to do the research.
One thing I do when acknowledging the Form 7 part 1, issuing the liability and demand notices is to draw applicants' attention to Form 7 part 2 and suggest that before they start the build they make themselves aware of the obligations of the necessary evidence on completion.
Good idea, I will start doing that I think. Thanks
Hi, we are having a very similar problem, particularly when it comes to defining what a "self-build warranty" actually is. We have a couple of people asking whether the warranty issued by their architects is satisfactory, as they don't want to pay extra for a self build warranty product. I have no experience in Building Control so I am honestly clueless as to whether there is a difference. I.E. Does the warranty have to have the words "self-build" in it or would a "CML Professional Consultants Certificate" suffice as evidence?
Having a google around, it seems that there is a definite distinction between a self-build warranty which is akin to a NHBC 10 year building guarantee and an architects guarantee. As Form 7 part 2 specifically refers to a self-build warranty, I think that this is the only type of warranty I would be accepting in evidence. It appears that a self-builder is best to take such a warranty before any building work starts, emphasising the need to refer applicants to the demands of Form 7 part 2 early on in the exemption claim process.
RE Self Build Exemption part 2 - Is anyone accepting the "CML Professional Consultants Certificate" in place of the Self Build or Custom Build Warranty?