Community Infrastructure Levy and Affordable Housing

Post 1 September 2019

Is my development liable?

The following types of planning applications are liable to the Community Infrastructure Levy (CIL):

  • all developments containing at least 100 square metres of new build (such as extra floorspace)
  • development of less than 100 square metres of new build that results in the creation of a new dwelling
  • the conversion of a non-residential building into a dwelling. See our guidance notes for liability here:

I'm still not sure if I'm liable

If you are uncertain whether your proposal is liable for CIL, you should submit a CIL Information Form with your application. We can then work out whether CIL is payable or not, you can find the form here:

How is development size calculated?

The size of a development is calculated on the basis of its Gross Internal Area (GIA).

I'm liable - what do I need to do?

See our guidance notes on the CIL process for details of what to do next here.

The CIL Information Form is a planning application requirement. The form can be found here:

Self-build exemptions

An exemption applies to anybody who is building or commissioning their own home, residential extension or residential annex. Please see our Self-build exemption Guidance Notes found here:

Costs and payment

Eligible developments that receive planning permission from 7th April 2015 will be charged in accordance with the rates set out in the CIL charging schedule which can be found below. The amount payable is calculated when planning permission is granted.

You can find downloadable examples of CIL rate calculations in different scenarios here:

Relief from CIL

Relief from CIL is available for Social Housing, Self-Build Housing (including extensions and annexes) and Charitable Development. Detailed information on the processes for claiming this relief is contained under the Community Infrastructure Levy Guidance which can be found here:

Further information on Social Housing and Charitable relief are shown below, as is our policy on Exceptional Circumstances relief.

Instalment Policy

Where a development has to pay more than £50,000 of CIL it can make the payment in up to 4 instalments over an 18-month period, as set out in our Instalment Policy guidance notes which can be found here:

What happens next?

We will issue a Liability Notice with the planning Decision Notice. This will say how much CIL is payable.

What we need from you

You must complete the following forms prior to your development commencing:

Assumption of Liability Notice

Please see our understanding liability guide for further information about the Assumption of Liability form here:

The person(s) responsible for paying CIL must send us an Assumption of Liability Notice before commencement which can be found below. If not, the charge will default to the owner of the land and there may be additional costs.

If you are submitting an application and will be responsible for paying the CIL, you can submit this along with the CIL Information Form which can be found here:

If you wish to withdraw you liability for a development you can do so by submitting a CIL Form 3 (Withdrawal of Assumption of Liability) which can be found below. You must ensure this is submitted prior to commencing on site.

If you wish to Transfer Liability to a new owner then this can be done by submitting a CIL Form 4 (Transfer of Assumed Liability) which can be found here:

Commencement Notice

This must be sent to us with the date that development will commence. If we do not receive a Commencement Notice (CIL Form 6) prior to commencement, a penalty will be added and full payment will be due immediately.  For Self-build dwellings and annexes, failure to submit a Commencement Notice prior to commencement will result in a surcharge of 20% of the chargeable amount (or £2500, whichever is lower) being imposed. For Residential extensions over 100sqm, approved from the 1st September 2019 onwards, submitting a Commencement Notice is no longer a requirement. You can find the Commencement Notice (CIL Form 6) here:

Claim for relief form

This must be submitted prior to commencement as well as any of the following that apply:

What you will receive from us

Upon commencement of your development we will issue a CIL Demand Notice for the payment.

Permitted development and prior notification development

In rare cases, permitted development (development which does not need planning permission) may be of sufficient scale to be liable to CIL. You must submit a Notice of Chargeable Development (CIL form 5) to us before the development starts, the notice can be found below. The CIL charge is calculated and applied as though planning permission had been issued. 

The same applies to development granted planning permission under the prior notification process, particularly conversions of offices to residential accommodation.

What happens if I do not pay?

CIL payment is mandatory and non-negotiable. If you do not pay on time:

You will be subject to a penalty without further notification

Any agreement for you to pay by instalments will be withdrawn

There are strong enforcement powers and penalties for failure to pay, including stop notices, surcharges and prison terms. Further information is available in our guidance notes about penalties and surcharges can be found here:

Appeals

You can appeal against the Council’s decision regarding your CIL liability. Appeals must be made within 60 days of the Liability Notice being issued. Appeals can only be made after you have formally asked us to recalculate the CIL amount.

Government advice on the CIL appeals process can be found here:

 Or in our Guidance notes: