The Community Infrastructure Levy Regulations 2010

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Withdrawal of social housing reliefE+W

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53.—(1) This regulation applies whenever a disqualifying event occurs before the end of the clawback period in respect of a chargeable development for which social housing relief has been granted.

(2) A disqualifying event is any change in relation to a qualifying dwelling [F1or qualifying communal development] such that it ceases to be a qualifying dwelling [F1or qualifying communal development].

(3) The material disposal of a qualifying dwelling [F2or qualifying communal development] does not cause it to cease being a qualifying dwelling [F2or qualifying communal development] if—

(a)the proceeds of sale are spent on a qualifying dwelling [F2or qualifying communal development] ;

(b)the proceeds of sale are transferred to the Secretary of State, the Welsh Ministers, a local housing authority [F3, the Greater London Authority] or the Homes and Communities Agency;

(c)the disposal is made to the Welsh Ministers under paragraph 15 or 27 of Schedule 1 to the Housing Act 1996; F4...

(d)the disposal is made to the Regulator of Social Housing under section 167 or 253 of the Housing and Regeneration Act [F52008; F6...]

[F7(da)the disposal is a first sale of a dwelling in respect of which social housing relief has been granted under regulation 49 on the basis that the dwelling satisfies condition six in that regulation, and the first sale meets the criteria set out in paragraph (7B) of that regulation; or]

[F8(e)discretionary social housing relief has been granted in relation to the dwelling or qualifying communal development, and the dwelling or development (as the case may be) is disposed of in accordance with regulation 49A(2).]

(4) The relevant person is liable to pay an amount of CIL (“the withdrawn amount”) equal to the difference between the qualifying amount immediately before the disqualifying event and the qualifying amount immediately after the disqualifying event.

[F9(4A) Where—

(a)the relevant person is liable to pay the withdrawn amount; and

(b)the dwelling in respect of which the relevant person is benefitting from social housing relief was (immediately before it ceased to be a qualifying dwelling) a qualifying dwelling which satisfied condition 5 of regulation 49,

for the purposes of regulation 87 (late payment interest), payment of the withdrawn amount is to be treated as being due on commencement of the chargeable development.]

(5) The qualifying amounts mentioned in paragraph (4) must be calculated in accordance with regulation 50 [F10and paragraph 6 of Schedule 1], and for the purposes of that calculation the value of E is the value of E as calculated at the time social housing relief was granted in respect of the chargeable development.

(6) The relevant person must notify the collecting authority in writing of a disqualifying event before the end of the period of 14 days beginning with the day on which it occurs.

(7) The notification must—

(a)state the gross internal area of the dwelling which has ceased to be a qualifying dwelling [F11(if any)]; F12...

[F13(aa)state the gross internal area of the development which has ceased to be qualifying communal development (if any); and]

(b)be accompanied by a map or plan which identifies the location of the dwelling mentioned in sub-paragraph (a) [F14or the development mentioned in sub-paragraph (aa)].

(8) As soon as practicable after receiving notice of the disqualifying event, the collecting authority must notify the relevant person in writing of the withdrawn amount.

(9) The notification must be accompanied by an explanation of how the withdrawn amount was calculated.

(10) In this regulation “relevant person” means the person benefiting from social housing relief in respect of the dwelling which has ceased to be a qualifying dwelling [F15, or the development which has ceased to be qualifying communal development].

Textual Amendments

F1Words in reg. 53(2) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(9)(a)

F2Words in reg. 53(3) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(9)(b)(i)

F3Words in reg. 53(3)(b) inserted (1.4.2012) by The Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2012 (S.I. 2012/702), art. 1, Sch. 1 para. 2 (with Sch. 2)

F4Word in reg. 53(3)(c) omitted (24.2.2014) by virtue of The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(9)(b)(ii)

F5Words in reg. 53(3)(d) substituted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(9)(b)(iii)

F6Word in reg. 53(3)(d) omitted (E.) (16.11.2020) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020 (S.I. 2020/1226), regs. 1(2), 6(a)

F7Reg. 53(3)(da) inserted (E.) (16.11.2020) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020 (S.I. 2020/1226), regs. 1(2), 6(b)

F8Reg. 53(3)(e) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(9)(b)(iv)

F9Reg. 53(4A) inserted (1.4.2015) by The Community Infrastructure Levy (Amendment) Regulations 2015 (S.I. 2015/836), regs. 1, 4(2)

F10Words in reg. 53(5) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 5(4) (with regs. 1(3), 13)

F11Words in reg. 53(7)(a) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(9)(c)(i)