CIL Arising on New-Build Purchases – Major Risks and Pitfalls for Residential Conveyancers

Description

Conveyancers acting for purchasers of new-build and recently-built properties are typically provided with a vast amount of documentation which needs to be reviewed in a short space of time.

In addition, the risks inherent in new-build purchases have been exacerbated by the Community Infrastructure Levy (‘CIL’), which is enforceable as a local land charge. Indeed, the Con 29 (local search) form now contains 13 specific questions about the Levy!

This presentation will examine some of the key legal and practical issues that might need to be addressed on a new-build purchase when advising a buyer client. It will include the following:

• What are the implications of a charging schedule?
• What is an assumption of liability and why is it important?
• If CIL has not been paid in full by completion of a purchase, what are the risks to the buyer and any mortgagee?
• Are there any pitfalls associated with the exemptions for self-build housing and residential extensions/annexes and minor development?
• What is the nature of liability, commencement and demand notices?
• How concerned should I be if the council decides to take enforcement measures?
• New updated section on the Infrastructure Levy