CIL Floor Area Calculation - Demolish Conservatory to reduce floor area

[wessex101]

Quick question for the clever people here and Woody.

I've got a job with a new floor area of just under 104 m², obviously I'd like to get it under 100 m² even though we should get the self build exemption.

Property has a very rudimentary conservatory which will be demolished so I want to deduct the floor area of the conservatory which will get me down to 96 m².

According to the guidance a conservatory should be included in the floor area calculation so I am assuming the demolition of a conservatory could be deducted but I cannot find any specific examples and the Planning department where this job is are useless.

Discuss.

 

[Ian H]

Yes, go on then. I'll let you do that

 

[tony1851]

Quick question for the clever people here and Woody.

 

[freddiemercurystwin]

Planners are useless for helping with the CIL forms, which are appallingly written, as is their guidance, normally there is a specific CIL officer, if I have a tricky job where it’s not obvious I’ll tend to write it to suit/slant towards me and if it’s wrong I’ll get a call from them after I’ve submitted something telling me what I should have done! But good luck trying to speak with one before submittal! Glad I’m not the only one who searches through previous applications to see what someone else did on their form!

 

[lt8480]

The CIL form is terribly constructed and poorly phased in several places. But my understanding in summary:

The levy threshold for applicability is based on the new build area being over 100 sqm (which at 104 sqm it is).
The levy is however then calculated based on the actual net increase (so this would be based on 96 sqm).

So in summary you trigger the applicability and 104 sqm and would pay CIL costs for 96 sqm of net increase.

This is completed as follows:

Section 2 on the CIL form asks for "New build floorspace (including extensions and replacement) of 100 sq ms or above?" - this would be a yes at 104 and means you are liable unless you apply for exemption.

When you get to Sections 6 & 7 you would then deduct the demolition so would show a 96 sqm increase, which is the number used to calculate the CIL charge.

 

[wessex101]

Blimey, I completely misunderstood that then. I thought if the Net area was under 100m² we were in the clear. That could have been a very expensive mistake.

Looks like we'll have to rely on the selfbuild exemption then.

Thanks for the help everyone.

 

[lt8480]

Its worth checking the LA's CIL charging schedule - as they drastically across the country and may even have other exemptions/rules. For instance one area in Chelsea for charges £750/sqm (plus the Mayoral/Crossrail CIL) whereas some areas are £0 so it wouldn't really matter.

The self build exemption is easy to get. The only problem comes if you sell shortly after doing the work, but if you are a genuine long term occupier then there won't be any problems (from memory you need to remain owner for 3 years following, otherwise the CIL becomes payable).

 

[Nakajo]

To my understanding, CIL is calculated on Gross Internal Area (GIA). Imagine if you had an extension with a GIA of (10.2m x 10.2m) = 104.04m². If you design this extension to be lined out with 101mm Gypframe or similar all around, then you'd fall below the threshold. Just sayin'.

 

[wessex101]

Its worth checking the LA's CIL charging schedule - as they drastically across the country and may even have other exemptions/rules. For instance one area in Chelsea for charges £750/sqm (plus the Mayoral/Crossrail CIL) whereas some areas are £0 so it wouldn't really matter.

The self build exemption is easy to get. The only problem comes if you sell shortly after doing the work, but if you are a genuine long term occupier then there won't be any problems (from memory you need to remain owner for 3 years following, otherwise the CIL becomes payable).

I already checked the charging schedule, it is £70 m² so quite a tidy sum to pay.

I flagged it up with the client earlier as we were already at 97m² at preliminary design and then wanted to add some more floor space so I knew we were straying in to CIL territory. I primed them with the self build exemption which the were OK with I just thought I'd found a way around it by deducting the conservatory, D'oh.

 

[wessex101]

To my understanding, CIL is calculated on Gross Internal Area (GIA). Imagine if you had an extension with a GIA of (10.2m x 10.2m) = 104.04m². If you design this extension to be lined out with 101mm Gypframe or similar all around, then you'd fall below the threshold. Just sayin'.

That is a good point. I'll play around with that to see if there is any mileage in getting creative with the wall thicknesses.

 

[wessex101]

Just for information I read a forum post somewhere a little while ago where the designer forgot to submit the self build exemption forms on a new build house and the client got a bill for £20k from the Council once they started work. Ouch!

 

[Nakajo]

I have seen this issue in connection with large subterranean schemes. Until you start digging, you don't really know how much area you're going to get (because of tree roots/ground conditions, etc). Nevertheless, the CIL payment must be made prior to commencement. So where you know you're going to be close to the threshold, it seems sensible to me to proceed on the basis of a 'below threshold' scheme, and then revisit the numbers as when the situation becomes clearer.