A couple’s failure to obtain planning permission prior to starting work on a self build project has attracted an unexpected £82,994.88 bill.
Habib and Jade Esmaeili knocked down their original property in Hill Brow, Hove in order to replace it with a new house. Although they had previously obtained permissions to alter the property, the new build did not conform to these plans or replicate the footprint or orientation of the original house.
The imposing new property replaces a dated brick-built property on a road where several other houses have already been considerably modernised in styles very different to the Esmaeili’s original home. The new build is built over two and three storeys with five bedrooms, pool and garage, and front and rear elevations that mainly comprise glazing.
Brighton & Hove Council issued a warning notice to the couple in February 2023, as they had failed to gain permission before starting the building work. As such, they were forced to pay the Community Infrastructure Levy (CIL) before they could continue with the house build. The couple believe they should have been exempt from the CIL, which is not usually charged on self-builds, and are now considering legal action against the council.
The CIL is a fee imposed on new developments by local authorities which is designed to fund the provision of necessary infrastructure. The levy covers most developments which exceed 100 sq metres. However, self build homes are usually exempt from the charge as long as they meet certain requirements – and the correct forms are submitted at the proper time. The exemption rules are clear: relief is not automatically available; it must be applied for prior to commencement of development.
The couple’s failure to apply for exemption left them ineligible for exemption. The demand notice stated:
By commencing development prior to this permission being granted, the right to any Community Infrastructure Levy self build exemption was lost, along with any payment installments.
Retrospective planning permission was granted in November 2022. Following this, a bill for CIL was sent in December 2022 for the sum of £79,042.88 and followed up by a late payment charge of £3,952 in February 2023.