The Community Infrastructure Levy (CIL) process
Contents
- The Community Infrastructure Levy (CIL) process
- Stage 1: Planning application and CIL additional information requirement form (applicant)
- Stage 2: Assumption of liability form (applicant) and acknowledgement (council)
- Stage 3: Applying for exemption of relief (applicant), acknowledgement and determining relief (council)
- Stage 4: Issue of liability notice (council)
- Stage 5: Notification to Land Charges to apply the charge to the land (council)
- Stage 6: Commencement notice (applicant) and acknowledgement (council)
- Stage 7: Issue of demand notice (council)
- Stage 8: Payment of CIL (applicant) and acknowledgement of receipt (council)
- Stage 9: Notification to land charges (council)
- Stage 10: Notification of any disqualifying event for exemption or relief (applicant)
- Stage 11: Removal of charge from land charge register at end of claw back period (council)
The Community Infrastructure Levy (CIL) process
CIL involves a number of stages, all of which are legal processes that must be complied with. If not complied with (eg you fail to submit forms at required times), this could result in penalties such as surcharges (up to £2,500) and the loss of any rights to claim instalments or reliefs/exemptions.
Acknowledgement letters will be issued for all CIL forms received. It is in the liable person’s interest to make sure all relevant acknowledgements are received before starting any work. For a quick reply, please supply an email address.
Summary of the CIL process
The process outlined below will apply in the majority of cases, however, there may be circumstances where the process differs, such as liability for Permitted Development.
Application
If planning permission is required for the development, you must provide the Additional Information Form to allow us to calculate the CIL.
If your development is permitted development (does not require planning permission), you must submit a Notice of Chargeable Development (CIL form 5). If this is not submitted, we will prepare the notice and serve it on the owner.
Determination
During the life time of the application you must submit an Assumption of Liability (CIL form 2).
If liability changes before final payment becomes due, a Withdrawal or Transfer of Assumed Liability (CIL form 3 or 4) must be submitted.
If applicable, you can also apply to claim relief:
- Social Housing (CIL form 10)
- Charitable (CIL form 10)
- Self-build (CIL form 7(1), 7(2)
- Residential annexe (CIL form 8)
- Residential extension (CIL form 9)
A CIL liability notice will be issued to the parties that have assumed liability and the landowner(s). If circumstances change, we will issue a revised liability notice.
Commencement
When development commences, you must submit a Commencement Notice (CIL form 6) to inform us. If no one has assumed liability by the time development commences, liability passes to the landowner.
If you do not submit a commencement notice or give the wrong commencement date, we will determine the deemed commencement date. Full payment then becomes due immediately.
A CIL Demand Notice will be issued with due dates and payment procedure (and instalment policy if applicable). If circumstances change we will issue revised demand notice.
If the CIL is paid in line with the payment procedure, a receipt will be issued.
If the instalment terms are broken, full payment becomes due immediately and enforcement action may be taken.
Last updated 07 July 2023