OpenLegislation

Regulation 43 Exemption for charitiesI1

England and Wales

(1)

An owner (C) of a material interest in the relevant land is exempt from liability to pay CIL in respect of a chargeable development if—

(a)

C is a charitable institution; and

(b)

the chargeable development will be used wholly or mainly for charitable purposes (whether of C or of C and other charitable institutions).

(2)

But paragraph (1) does not apply where—

(a)

that part of the chargeable development to be used for charitable purposes will not be occupied by or under the control of a charitable institution; F1or

(b)

the material interest is owned by C jointly with a person who is not a charitable institution; F2...

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

For the purposes of paragraph (1) use of a chargeable development for charitable purposes includes leaving it unoccupied.

Annotations

Textual amendments

F1

Word in reg. 43(2) inserted (31.12.2020) by The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(7)(a) (with Sch. 3)

F2

Reg. 43(2)(c) and word omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(7)(b) (with Sch. 3)

Commencement

I1

Reg. 43 in force at 6.4.2010, see reg. 1