Draft Community Infrastructure Levy (Amendment) Regulations 2015

These draft Regulations extend the existing social housing relief from the Community Infrastructure Levy to cover a wider range of dwellings that are rented below market rate.

The Community Infrastructure Levy Regulations 2010 (as amended) provides for relief from liability to the Levy where a dwelling satisfies at least one of four conditions. The new Regulations insert a new condition for dwellings that are let by landlords who are not a local housing authority, private registered provider of social housing (in England) or registered social landlord (in Wales). To satisfy the new condition the dwelling must be let at no more than 80% of market rent (including service charges) to tenants whose needs are not adequately served by the commercial housing market. A planning obligation designed to ensure that these criteria are met must be entered into.

The Regulations also substitutes the definition of "national rent regime" in the 2010 Regulations to refer to updated Rent Standard Guidance published by the Regulator of Social Housing in January 2015.

The 2010 Regulations provides for liability to repay an amount of Levy where social housing relief is withdrawn before the end of the "clawback period". This is amended to define the "clawback period" where social housing relief is granted on the basis of the new condition given above. The Regulations also provides for payment of an amount of the Levy for which a person is liable where social housing relief granted on the basis of the new condition is withdrawn to be treated as being due on commencement of the chargeable development. This would trigger liability for late payment interest under the 2010 Regulations from that date. 

Date: 04/02/2015 Date of publication

Author: DCLG

DCP link: This item updates DCP section 4.63

SI details: English and Welsh statutory instrument 2015 

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