The Community Infrastructure Levy Regulations 2010

[F1 Discretionary social housing relief E+W

49A.— (1) A chargeable development is eligible for relief from liability to CIL if—

(a) discretionary social housing relief is available in the area in which the chargeable development will be situated; and

(b) the development comprises or is to comprise qualifying dwellings or qualifying communal development (in whole or in part).

[F2 (2) For the purposes of this regulation a dwelling is a qualifying dwelling if all of the following criteria are met—

(a) the dwelling is sold for no more than 80% of its market value (where the market value at any time is the price which the dwelling might reasonably be expected to fetch if sold at that time on the open market);

(b) the dwelling is sold in accordance with any policy published by the charging authority under regulation 49B(1)(a)(iii); and

(c) the liability to pay CIL in relation to the dwelling remains with the person granted discretionary social housing relief.]

[F2 (2) For the purposes of this regulation a dwelling is a qualifying dwelling if criteria (a), (b) and (c) are met in relation to it—

(a) criterion (a) is that the dwelling is sold for no more than 80 per cent of its market value (where the market value at any time is the price which the dwelling might reasonably be expected to fetch if sold at that time on the open market);

(b) criterion (b) is that the dwelling is sold in accordance with any policy published by the charging authority under regulation 49B(1)(a)(iii); and

(c) criterion (c) is that at least one of the following requirements is met—

(i) a planning obligation has been entered into prior to the first sale of the dwelling designed to ensure that any subsequent sale of the dwelling is for no more than 80% of its market value; or

(ii) the liability to pay CIL in relation to the dwelling remains with the person granted discretionary social housing relief.]

(3) Any claim for relief under this regulation relating to qualifying communal development must be made either—

(a) at the same time as the claim for relief in respect of the qualifying dwellings to which the qualifying communal development in question relates; or

(b) where the qualifying dwellings referred to in sub-paragraph (a) are granted permission through a phased planning permission, in relation to any phase of that permission.

(4) Social housing relief is given by deducting the qualifying amount from what would otherwise be the amount of liability to CIL that would arise in respect of the chargeable development.]

Textual Amendments

F1 Regs. 49A-49C inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(5)

F2 Reg. 49A(2) substituted (E.) (16.11.2020) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020 (S.I. 2020/1226), regs. 1(2), 5