Regulation 33 Default liability

(1)

This regulation applies where a chargeable development is commenced in reliance on planning permission and nobody has assumed liability to pay CIL in respect of that development.

(2)

Liability to pay CIL must be apportioned between each material interest in the relevant land.

(3)

Paragraph (2) is subject to paragraph (4).

(4)

A person (P) is liable to pay the whole amount of CIL payable in respect of the chargeable development if—

(a)

P, or a person acting on behalf of P, has entered on and taken possession of the relevant land (in whole or in part)—

(i)

pursuant to a power conferred by or under statute, and

(ii)

without the agreement of the owners of the relevant land;

(b)

P, or a person acting on behalf of P, carries out works on the relevant land which cause the chargeable development to be commenced; and

(c)

at the time the chargeable development is commenced P is not an owner of the relevant land.