Viability, Obligations and Commercial – Page 8
Section 106, CIL, viability assessments, affordable housing thresholds and retail tests.
Viability, Obligations and Commercial articles – page 8
173 articlesBenchmark land value: existing use value plus a premium
Benchmark land value decides most viability arguments before the build cost is opened. Here is how to establish existing use value, justify the premium and handle alternative use value.
Varying a section 106 agreement: the routes and the evidence
A deed of variation can change a section 106 obligation at any time. The statutory route under section 106A only opens after five years and applies a test the authority does not negotiate.
Section 106 or CIL: what each can lawfully pay for
Site-specific mitigation belongs in a section 106 obligation. Area-wide infrastructure capacity belongs to the levy. The three statutory tests are where the line is drawn.
CIL and existing floorspace: the in-use building test
The in-use building test decides whether demolished floorspace reduces your levy. Here is the six month rule, the date it runs to, and the evidence councils accept.
CIL liability notices, commencement notices and surcharges
Assume liability, claim relief, serve the commencement notice, then start. Get that order wrong and you lose instalments and pick up a surcharge that appeals rarely overturn.
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