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Common CIL scenarios

Current site

Proposed development

CIL Liable

Chargeable area (square metres)

Justification

Cleared building site

One new dwelling, 85sqm

Yes

85sqm

Creates a new dwelling regardless of size

Single dwelling in lawful use

Extension of 20sqm

No

None

Increase in floor space is less than 100sqm

Single dwelling in lawful use

Extension of 100sqm

Yes

100sqm

Increase in floor space is 100sqm or more

Cleared building site

2,000sqm including 50% social/affordable housing (1000sqm)

Yes

1000sqm

1000sqm social housing relief if this is applied for prior to commencement

Single dwelling in lawful use being demolished

130sqm new development, 80sqm being demolished (old building)

Yes

50sqm

Deduct the old floor space from the new and CIL is payable on the difference. However, the to be demolished building must still exist upon granting planning permission, and be in lawful use for at least six months in the past three years.

Single dwelling not in lawful use but being demolished

130sqm new development, 80sqm being demolished (old building)

Yes

130sqm

If the existing building has not been in lawful use for at least six months in the last three years, up to the date of the planning permission, then this cannot be deducted

Retail unit in lawful use

98sqm change of use to residential

No

None

As this has been in lawful use the old retail floor space can be deducted from the residential element

Retail unit not in lawful use

98sqm change of use to residential

Yes

98sqm

98sqm liable as a new dwelling is being constructed and no deduction is possible as the retail unit has not been in lawful use for six months in the last three years.

Non-residential unit in lawful use

Change of use from non-residential to residential including 10smq extension

Yes

10sqm

10sqm as all new residential floor space is chargeable

Permission for new dwelling. Cleared building site.

Varying application under S73 – additional 20sqm on original permission.

Yes

20sqm

20sqm extra floor space is being generated. Reg 128A CIL regs, 2010 has details about transitional cases, where the original planning permission was granted prior to CIL adoption.

4,000sqm of office space in lawful use

4,000 change of use from office use to residential

No

None

No new floor space is being created and office has been in lawful use in the last three years.

2,000sqm of office space in lawful use

9,000sqm new residential floor space, 3000sqm new retail space and 2,000 office space to be demolished

Yes

7,500sqm residential

2,500sqm retail

12,000sqm in total (9,000sqm resi – 75%, 3,000sqm retail – 25%). Deduction from old floor space is apportioned across the site. 1500sqm deducted from resi charge and 500sqm from retail.

 

One large dwelling

Sub-division to three new dwellings

No

None

CIL regs make specific provision for sub-division and confirm that residential sub-divisions are not CIL liable.

One large dwelling

Sub-division to three new dwellings including 100sqm extension

Yes

100sqm

CIL regs make specific provision for sub-division and confirm that residential sub-divisions are not CIL liable. However, 100sqm is new floor space and this is chargeable.

 

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