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Demonstrating that buildings are in continuous lawful use

Regulation 40 of The Community Infrastructure Levy (Amendment) Regulations (2014) allows for existing floor space that has been in continuous lawful use for at least 6 months in the past 3 years on the day that planning permission is granted, the approval of the final reserved matter on an outline application or on receipt of a Notice of Chargeable Development for permitted development or a prior approval application to be used as deductible floor space against the CIL charge for the development.

It is the applicant’s responsibility to provide the evidence to demonstrate the continuous lawful use. Information that could be submitted to demonstrate this can include the combination of the following:

  • Copies of leases
  • Electricity/gas bills for the 6 month period
  • Where an informal arrangement exists redacted bank statements to show rent/rates have been paid
  • Confirmation from a letting agent/solicitor advising of the period of occupancy
  • An affidavit

The council will require further evidence of continuous use if it is not evident from the information supplied and will not consider the existing floor space as deductible floor space unless the applicant demonstrates this.