CIL FAQ
Below are some of the most frequently asked questions and may provide an answer to your query. If you have any other questions or queries, contact our CIL Officer using the details in these pages. Further useful information is found on the common scenarios page.
Will my development be liable for CIL?
See Is my development liable for CIL?
What is CIL chargeable on?
See CIL charges and calculating CIL
Can I calculate how much CIL a development will pay?
See CIL charges and calculating CIL
Why are not all types of development liable to pay CIL?
Levy rates are based on financial viability of different types of development in the borough. The evidence is based on a viability study. Those that are considered to be on the margins of viability have been given a nil rate. Other developments are exempt in accordance with CIL regulations.
What happens if my development is for mixed use?
You will need to supply detailed information on the types of use, and the floorspace for each use. We will then calculate your CIL charge based on the floorspace that belongs to each use. Where floorspace is being demolished or re-used, you will need to supply detailed information on it's floorspace and former / current use to allow us to include this information in the calculations.
What counts as chargeable floorspace?
Chargeable gross internal area (GIA) is the area of a building measured to the internal face of the perimeter walls at each floor level. This includes corridors, storage, toilets, stairs, lifts and garages. GIA is calculated based on the RICS definition.
Are residential garages included in gross internal floorspace?
Yes.
How is CIL charged when a site is demolished and a new site erected?
CIL will be payable on the new floorspace minus the demolished area, providing the site was in lawful use for six months in the last three years. If the new development has a lesser floorspace than the existing buildings then no CIL will be payable. For further information on how we calculate CIL please visit the CIL Charges and calculating CIL page.
What classes as commencement?
Development is commenced when material operations are begun. These are defined within Regulation 56 of the Town and Country Planning Act 1990. Operations include any construction work, demolition, digging of a trench for foundations, laying of underground pipes or mains to the foundations, layout or construction of roads or any change of use in the land. Development is also begun when a new use is implemented. You should refer to the TPCA 1990 for further details.
Is change of use liable for CIL?
Potentially.
A planning application for the change of use of an existing building will not be liable to CIL unless it involves an extension which provides 100 square metres or more of additional floorspace, or involves the creation of a new dwelling /annex even when it is below 100 square metres. For example, a conversion of a barn to a dwelling would constitute the creation of a new dwelling, if the barn has been in lawful use for at least six months in the past three years before development was permitted.
If a building has not been in lawful use for a period of at least six months in the three years running up to the day planning permission is granted the development will be liable for CIL. However, parts of that building that have not been in lawful use, and are to be retained as part of the chargeable development, can still be taken into account if the intended use matches a use that could have been lawfully carried out without requiring a new planning permission. Regulation 40 applies here.
My development does not need planning permission. Will I still pay CIL?
Some development under 'general consent' will be liable to pay CIL. If you intend to develop under general consent, and your development meets the criteria for CIL liability, you must submit a Notice of Chargeable Development to us before you commence. The form can be found on the Planning Portal.
You do not need to submit such a notice if your development is less than 100sqm of new floorspace and it does not comprise one or more dwellings.
Can I appeal against your decision on the chargeable amount?
Yes. More information can be found on our CIL appeals page.
I've given you a commencement date, but the date has now been changed. Do I need to tell you, and how?
Yes. We will issue a demand notice based on your commencement date, so if this changes you need to let us know. Simply re-submit a new commencement notice with the new date provided. We will acknowledge this new date.
What happens if I don't pay?
If CIL is not paid, we have the power to take any of the following actions in order to recover the debt. This is in accordance with the CIL Regulations.
- Removal of the instalments facility
- Surcharges and late payment interest
- Issuing of a CIL Stop Notice
- Apply to the courts for a Liability Order
Failure to pay CIL can also lead to a prison sentence.
What happens if I have claimed liability but then sold the site?
Liability can be transferred to another person before development commences. If you want to transfer or withdraw liability you will need to complete the relevant forms and submit them to us. More information can be found on our assumption of liability page.
I received outline permission before 1 September 2017. Will CIL be liable on the Reserved Matters application?
No. Where outline has been granted before CIL comes into effect, CIL is not liable on the reserved matters.
How do you calculate CIL charges on an outline application which does not contain details of the floorspace to be created / reused / demolished?
Outline planning permissions granted after CIL comes into effect will be liable to pay CIL when the development is commenced. However, liability is calculated at reserved matters stage when details are known. If an outline application includes phasing of development, each phase is treated as a separate development for the purpose of paying CIL. CIL liability for each phase is calculated as reserved matters stage for that phase.
If an outline application receives approval before the implementation of CIL, then the subsequent reserved matters will not be liable for CIL.
Is CIL chargeable on sub-division of an existing residential dwelling into two or more dwellings?
No.
On an extension of 110sqm, is CIL payable on the 110sqm or the 10sqm above the threshold?
As soon as the threshold is reached, the whole build is chargeable. So CIL would be payable on the 110sqm
Is CIL chargeable on mobile homes?
No. CIL is only chargeable on buildings.
Is VAT applied to CIL?
No. CIL is outside the scope of VAT.
Does CIL respond to inflation?
Yes. An index of inflation is used in the calculations for chargeable amount.
CIL overpayments
Councils should pay back overpayments, unless the overpayment is so small that it would cost more in administration costs, the payment has been credited through abatement, or is the result of a land or infrastructure payment.
What happens if I do not pay the charge?
CIL payment is mandatory and non-negotiable. If you do not pay on time, you will be subject to a penalty, or surcharge and any agreements for instalments or relief will be withdrawn. There are strong enforcement powers and penalties for failure to pay, including stop notices, surcharges and even prison terms.