Building Control Department is not the Collecting Authority for CIL purposes

Regulation 67(1) of the Community Infrastructure Levy Regulations 2010 (SI 2010/948) (CIL Regulations 2010) explains that a commencement notice (CN) must be submitted to a collecting authority (CA) no later than the day before the day on which the chargeable development is to be started.

In a recent case, the appellant advised that his builders had submitted a CN to the collecting authority's building control department before works began on 4 September 2019 and therefore the requirement of regulation 67(1) had been met.

While the inspector understood the appellant's argument, the inspector considered that the building control department was not part of the CIL CA and that the building control system was a separate statutory regime to that of CIL. In order to meet the requirements of regulation 67(1), the necessary form had to be submitted to the CA.

The appeal was dismissed, and the surcharge upheld.

The moral of the story: be sure to send a commencement notice to the proper Collecting Authority.


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