Community Infrastructure Levy

How do I know if I have to pay CIL?

My planning application is liable for CIL, so what do I need to do now?

A CIL Process Guidance Note is available to help you understand the procedure.

The following should be submitted with your planning application form:

CIL Additional Questions form 0: The purpose of this form is to set out the floor areas of your development and also the area of any buildings to be demolished which should be credited against the new build floor area. If you answer ‘yes’ to any of questions 2(a), 2(b), 3(a) or 3(b) of the additional information form, you should also submit an Assumption of Liability form 1 with your application.

If my application is granted, what happens next?

We will issue a Liability Notice after the decision notice has been sent out, and this will tell you how much CIL is payable.

The following must be completed prior to commencement of development:

  • Assumption of Liability Notice (CIL form 1): The person(s) responsible for paying CIL must send us this notice before commencement. If this is not done the charge will default to the owner of the land and there may be additional costs. If you are submitting an application and will also be responsible for paying the CIL, you can submit this Notice with the CIL Questions Form.
  • Commencement Notice (CIL form 6): This must be sent to us with the date when the development will commence. If we do not receive this notice a penalty will be added and full payment of the CIL charge will be due immediately.
  • Claims for relief or exemption must also be submitted prior to commencement.

We will then issue a Demand Notice for the CIL payment.

Note, the demolition of a building constitutes development under regulation 7(2) of the CIL Regulations 2010 (as Amended)

Relief for self-builders and householder extensions

Under this system, anyone who is extending their own property (including building an annexe) or building a new property to occupy as their primary residence can claim relief from CIL. This means either doing the building work yourself or commissioning a builder to do the work.

This is not an automatic process and must be applied for prior to work starting on site. You must:

  • Submit an Assumption of Liability form (CIL form 1)
  • Claim exemption for:
  • Receive notice from the Council that relief has been granted before work starts
  • Submit a CIL Commencement Notice (CIL form 6) before work starts

If self-build exemption is being claimed for a new dwelling, CIL form 7 part 2 must be submitted within six months of completion of the development.

Exemption cannot be claimed if the above procedure is not followed.

Relief for social (affordable) housing and charities

Relief is also available when new buildings are being provided for social (affordable) housing or for charitable purposes. This can be claimed using CIL form 2.

This is not an automatic process and must be applied for prior to work starting on site. You must:

  • Submit an Assumption of Liability form (CIL form 1)
  • Submit a Claiming Exemption or Relief (CIL form 2)
  • Receive notice from the council that relief has been granted before work starts
  • Submit a CIL Commencement Notice (CIL form 6) before work starts

Exemption cannot be claimed if the above procedure is not followed.

Other CIL forms

CIL form 3 – Withdrawal of assumption of liability: use this form if you have assumed liability to pay CIL but will no longer be the party making the payment.

CIL form 4 – Transfer of assumed liability: this should be used to transfer the responsibility for paying CIL between parties. It should be used if the person who assumed liability using CIL form 1 will no longer be paying the CIL, and has already agreed with another party that it is now their responsibility.

CIL form 5 – Notice of chargeable development: this is to be used to let us know about work being carried out under General Consent/Permitted Development which may be CIL liable.

How much do I have to pay?

Eligible developments which receive planning permission from 1 April 2015 will be charged in accordance with the rates set out in the CIL Charging Schedule. The amount payable is calculated when planning permission is granted.

The amount payable will be index linked from the year CIL was introduced by the council to the year when planning permission is granted. The index we must use is known as the national All-in Tender Price Index, which is published by the Build Cost Information Service (BCIS). This may increase the amount payable from that shown on the charging schedule.

The council has adopted an Instalments Policy which allows for payments to be made at set times following commencement of the development.

What happens if I do not pay the charge?

There are penalties and surcharges for non-payment, including the option to pay by instalment being automatically withdrawn. There are also strong enforcement powers, including Stop Notices, surcharges and prison terms. Please see the Guidance Note.

Can I appeal?

Appeals can be made against most aspects of the CIL collection and enforcement system, from the calculation of the amount due to any enforcement actions the council may take.  Please note there are strict time limits about when an appeal can be made.

If you wish to request a review under Regulation 113 please contact the CIL Officer via email.

Regulation 114-116 appeals should be submitted to the Valuation Office Agency.

Regulation 117-119 appeals relating to enforcement should be submitted to the Planning Inspectorate.  

You are encouraged to contact us first because it may be a lot quicker and easier to resolve the issue before taking more formal action.

For further information please contact our CIL officer, Semeta Bloomfield via email or call 01923 278291.

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