2. What development is CIL Liable and how is it calculated
Community Infrastructure Levy (CIL) may be payable for developments which involve the creation of new dwellings. It may also be payable for developments with an internal floor area of 100 square metres or more. The council's CIL includes charges for residential and retail warehousing developments only.
How is CIL calculated?
CIL is charged at a flat rate per square metre. The rates of the council's CIL are set out in the CIL charging schedule. CIL charges of over £50,000 can be payable in instalments, as set out in the instalments policy.
To calculate the floor area that CIL is payable on measure the gross internal area (or GIA) of a new development, excluding the external walls. All new build areas, including garages, are included. Areas with a head height of less than 1.5 metres are not included in the chargeable area.
Floor areas which are to be demolished can be deducted from the CIL chargeable area. These areas can only be deducted if they have been in their lawful use for a continuous period of at least six months of the previous three years.
For residential projects, CIL is charged at one of three different rates per square metre depending on where the development is in the borough.
If you want to estimate your CIL Liability please use the On line Calculator.
This calculator will give you an indication of the amount of CIL owed on a project, given the parameters you supply. It is not intended as a final representation of your total liability, and does not constitute legal advice.
As your application progresses you will be issued a Liability Notice and Demand Notice, which will contain the final breakdown of CIL owed on a development. The amount set out in the Liability Notice and Demand Notice is the binding amount you will need to pay.
You should not rely on the calculator to make decisions which depend on the amount of CIL liability.
What development may be liable for CIL?
Development may be liable for CIL in the following situations:
- any new dwellings, regardless of the gross internal floor area
- new building (including extensions) where the gross new build floor area comes to more than 100 square metres
- a change of use from non-residential to residential use, where the building in question has not been occupied in its lawful use for a continuous period of six months in the previous three years.
Development carried out under Permitted Development ("General Consent") may still be liable for CIL if it meets any of the above criteria.
What information should be provided?
When you submit your planning application, you must submit a CIL Additional Information Requirement Form. This form sets out the floor areas of your development and also any demolition which should credited against the new build floor area.
If your application for planning permission is successful, then whoever is going to pay the CIL charge should submit to the Council a CIL Assumption of Liability form. If the works are carried out under general consent / permitted development rights, you will need to submit to the Council a Notice of Chargeable Development to the Council.
Before the chargeable development commences, you should submit to the council a commencement notice. Then the council will issue a demand notice, which sets out when payment is due. Payments over £50,000 can be payable in instalments.
Further information on the process is available on the Planning Portal CIL page.
CIL forms explained
The CIL forms can be downloaded from the Planning Portal. They are required to be submitted as follows:
Additional information requirement form
This form sets out the floor areas of the development including any demolition to be used in the calculation of the CIL and should be submitted with the planning application.
CIL Form 1 - Assumption of Liability
This form is used to assume liability for the payment of CIL. It also needs to be completed to support a claim for relief or exemption, including self-build exemption
CIL Form 2 - Claiming exemption of relief
This form is used to claim exemption or relief for social / affordable housing or developments by registered charities for charitable use.
CIL Form 3 - Withdrawal of assumption of liability
This form is used when you have assumed liability to pay CIL but will no longer be the party making the payment.
CIL Form 4 - Transfer of assumed liability
This form is used to transfer the responsibility for payment CIL between parties. It should be used if the person who assumed liability using Form 1 will no longer be payment CIL, but has agreed with another party that they will be paying.
CIL Form 5 - Notice of Chargeable development
This form is used to give the Council as the charging authority notice of work that may be liable for CIL being carried out under General Consent / Permitted Development rights.
CIL Form 6 - Commencement Notice
This form is used to give the Council notice that a development with a CIL liability is starting on site. This needs to be submitted even if an exemption from CIL is granted. Failure to submit prior to commencement can lead to a loss of exemptions and the ability to pay by installments. You must receive an acknowledgement from the Council that the commencement notice has been received before you commence.
CIL Form 7 - Self build exemption claim part 1
This form is used to make a claim for self building exemption when you are constructing a new dwelling and it is to be your primary residence on completion for at least three years. This exemption must be applied for prior to commencing on site and you must assume liability for paying CIL.
CIL Form 7 - Self build exemption claim part 2
This form should be used when self build exemption has been granted for a new dwelling. It should be submitted within six months of completion accompanied by the supporting evidence set out in the form.
CIL Form 8 - Self build residential annex exemption claim
This form should be used to claim for self build exemption when the work being carried out is the creation of a residential annex, to be used as ancillary accommodation to the main dwelling.
CIL Form 9 - Self residential extension exemption claim
This form should be used to claim for self build exemption when the work being carried out is a domestic extension which has a gross internal floor area of more than 100 square metres.