In a pre-election clear out a new category of social housing has been added to those which qualify for relief from Community Infrastructure Levy. The 2015 amendment regulations (keeping up the tradition of amending the original regulations every year) come into force on 1st April. They make a dwelling let by a person other than a local housing authority, private registered provider of social housing or registered social landlord, if it is let to a person whose needs are not adequately met by the commercial housing market at a rent which does not exceed 80% of the market rent including service charges, eligible for social housing relief. It must be let on an assured tenancy (including a shorthold), an assured agricultural occupancy or arrangement which would be one of those but for paragraph 12(1)(h) of Schedule 1 to the Housing Act 1988.
But, irony of ironies, to qualify it must also be subject to a s.106 agreement in relation to the planning permission for the development of which it comprises, which ensures compliance with the rent and occupation conditions. All from a levy which was supposed to remove the need for s.106 agreements.
The full regulations (which have other effects as well) are The Community Infrastructure Levy (Amendment) Regulations 2015/836
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