Jurisdiction(s):
United Kingdom

High Court clarifies CIL self-build clawback: pre-completion sale is a disqualifying event; no waiver under reg 65(7); mitigate via regs 32 and 74B (England and Wales)

Published on: 17 November 2025

Published by a LexisNexis Planning expert

Legal News

Article summary

Mr Stephen Luck v Bracknell Forest Borough Council [2025] EWHC 2984 (Admin) What are the practical implications of this case?

The ruling confirms that a disqualifying event for self-build relief can occur at any stage up to the end of the three-year clawback window, including prior to completion. A sale that brings the self-build intention to an end is a disqualifying event under the Community Infrastructure Levy Regulations 2010, SI 2010/948, reg 54D(2)(a), with the result that the relief is lost and the full CIL becomes due.

Accordingly, developers and self-builders should manage CIL actively when schemes evolve or land is disposed of:

use the Community Infrastructure Levy Regulations 2010, SI 2010/948, reg 32 to transfer liability; and
rely on the Community Infrastructure Levy Regulations 2010, SI 2010/948, reg 74B to obtain abatement before the new permission is commenced,

and hard-wire these measures and reimbursement obligations into contractual arrangements.

The decision further clarifies that collecting authorities cannot invoke the Community Infrastructure Levy Regulations 2010, SI 2010/948, reg 65(7)—which merely permits withdrawal of a liability notice—as a mechanism to waive liability; liability arises on commencement, and notices evidence it rather than create it...

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