Community Infrastructure Levy procedure and CIL forms
Please note, it will speed things up if you submit all your relevant CIL forms (see below) at the same time as your planning application.
All declarations within the forms require a manual signature
1. Determine whether a development is CIL liable
So that we can identify whether your development is liable for CIL (large extension, creation of a dwelling, large retail development) you must send us an Additional Information Requirement form.
The CIL guidance note will help you to complete this form.
For large schemes please submit a table including the following information:
- plot number
- house type (market/social)
- GIA of dwelling incl. garages/conservatories.
If your application is CIL liable, please provide floor plans showing how the floorspace has been calculated, as this will help us process your application more efficiently. This should include existing (where appropriate) and proposed plans. If an existing building is to be demolished (or partly retained) please provide the floorplans so we can include existing floorspace in the CIL calculation. Please note that only relevant buildings that have been in lawful use (for at least six months within the last three years) can be considered for the purpose of calculating CIL. Please see examples.
General permitted development
Depending on its size, you may need to pay a CIL contribution for a development, even you didn’t need planning permission (general permitted development). For example:
- a large extension to your house, adding a large conservatory or garage, or a large loft conversion, or
- if you’ve changed the use of a building, such as from a pub into a residential property.
If you intend to begin a general permitted development you must send us a CIL Form 5 – Notice of Chargeable Development
In some cases we can grant relief or exemption from CIL (see below).
2. Assume Liability
The person responsible for paying CIL must send us an Assumption of Liability Notice (CIL FORM 1). If they don’t do this they may face extra charges.
If no-one assumes liability to pay the levy before development commences, the landowners will have to pay it and will not be able to benefit from any instalment regime.
Alternatively, if after you submit CIL Form 1, a change in circumstance happens which affects the liable person/party then you will then need to submit CIL FORM 3: Withdrawal of Assumption of Liability before the final CIL payment is due.
3. Claim relief (if applicable)
If you believe a development should be exempt from CIL, and want to claim Social Housing, Self-Build or Charitable Relief, you need to submit one of the following forms:
CIL Form 2 – Claiming Exemption or Relief (charitable/social housing relief)
Important - we must receive your claim for relief, and grant it, before you begin work on the development. If development begins before relief has been granted then your claim will be cancelled.
Any relief granted will be shown in your Liability Notice.
For more information please see how to claim CIL relief/exemption.
4. Calculate floor space and Liability Notice
To calculate CIL we take the gross internal area (GIA) of the floorspace of all CIL liable buildings within a development (including garages and conservatories), and then multiply this figure by the charge for that type of use.
Where a development will have multiple types of use, we’ll split the floorspace by type and then multiply it by the relevant charges.
CIL includes all floors of a building, not just the ground area. For instance, if there are three floors of a building each measuring 50sqm the total liable area will be 150sqm. Basements are also CIL liable.
Important – please include floorspace measurements on your planning application so we can carry out the required checks and process your application quickly.
Gross Internal Area includes internal walls and partitions, chimney breasts, stairwells, lift-wells, atria and entrance halls, internal open-sided balconies, corridors, mezzanine floor areas, service areas (WCs, showers, changing rooms), lift rooms, plant rooms etc. It excludes things like open balconies, open fire escapes, greenhouses, garden stores and fuel stores. Generally, any structure with three or more walls and a roof is considered to be internal floorspace for the purpose of calculating CIL.
Please see the Royal Institute of Chartered Surveyors Code of Measuring Practice for more information.
Floorspace subject to demolition or resulting from change of use can only be deducted from the CIL charge where it has been in continuous lawful use for at least six month in the three years ending on the day planning permission first permits the chargeable development. It will be for the applicant or agent to demonstrate lawful use.
When planning permission is granted we’ll send you a Liability Notice which sets out the liable amount and which will become payable when development commences. If permission is granted by planning appeal we will issue a Liability Notice based on the approved floorspace drawings.
If there’s a change in circumstance (claim received after decision notice, different person assuming liability) we will issue a revised Liability Notice.
5. Commencement Notice
Before you start building work on a CIL liable development you must send us a Commencement Notice (CIL Form 6), including the date that you start work on the development.
Please email this to email@example.com- you will receive confirmation from us. If you do not receive confirmation within one week please get in touch. When you send the commencement notice by post please send it either via a receipt or recorded delivery.
Commencement is any work carried out, including: erecting a building, demolition, digging a trench, laying underground pipes or mains, any operation to construct a road, or any change in the use of land that is classed as material development.
Please note - if we don’t receive CIL FORM 6 and work on the development has begun we will charge a penalty and you will need to pay CIL in full.
Please note - Reg 67. 1A. (aa) states - If no CIL is payable because an exemption for residential extensions was granted then a commencement notice does not need to be provided.
6. Demand Notice
After we receive a valid Commencement Notice we will send you a Demand Notice for CIL payment.
7. If you don’t pay or follow the CIL procedure
If you don’t pay on time, we will add interest and may charge you a penalty. When the CIL procedure is not followed correctly you may also lose your rights to pay CIL in instalments, lose your exemption and further surcharges may apply. Please refer to the CIL guidance note, section 7, 8, 11 and 12.
If you think you are being charged the wrong amount of CIL you can appeal. Please refer to the CIL guidance note, section 14.
Last reviewed: 07 - 02 - 2019