DWF logo


DWF logo

            The pitfalls of demolition

            A recent decision by the planning inspectorate from a CIL appeal (APP/F0114/L/18/1200229) highlights the potential financial consequences of demolition.

            Date: 30/05/2019

            Failure to assume liability (via the correct notice) for CIL prior to the commencement of the development can lead to a surcharge of the lower of 20% of the chargeable amount or £2000.  The ability to pay any CIL liability in instalments may also be lost (which could be significant for cash flow).

            In this case the description of development included 'demolition'.

            There was a pre-commencement planning condition that required a contamination survey.

            The developer argued that it was necessary to demolish the existing buildings in order conduct the pre-commencement contamination survey.

            It was found that the demolition works were part of the chargeable development and so the surcharge was correctly imposed.

            This seems harsh as the works were required to satisfy the pre-commencement condition, but the finding is in line with the very strict interpretations of the rules from other decisions.

            Make sure that the Assumption of Liability form is submitted at least a day before any works on site and always send it by Special Delivery or signed for courier.


            We use cookies to give you the best user experience on our website. Please let us know if you accept our use of cookies.

            Learn More

            Your Privacy

            When you visit any web site, it may store or retrieve information on your browser, mostly in the form of cookies. We mainly use this information to ensure the site works as you expect it to, and to learn how we can improve the experience in the future. The information does not usually directly identify you, but it can give you a more personalised web experience.
            Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change permissions. However, blocking some types of cookies may prevent certain site functionality from working as expected

            Functional cookies


            These cookies let you use the website and are required for the website to function as expected.

            These cookies are required

            Tracking cookies

            Anonymous cookies that help us understand the performance of our website and how we can improve the website experience for our users. Some of these may be set by third parties we trust, such as Google Analytics.

            They may also be used to personalise your experience on our website by remembering your preferences and settings.

            Marketing cookies

            These cookies are used to improve and personalise your experience with our brands. We may use these cookies to show adverts for our products, or measure the performance of our adverts.