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The CIL process on a development

 

The CIL process needs to be followed carefully. The CIL regulations clearly set out the notification procedure so it is important that this process is followed, as surcharges can be applied for failure to notify the council of issues such as liability to CIL and commencement of development. All exemptions must be applied for prior to commencement.

Note that CIL only applies to local authorities that charge CIL. You can find the full list on our site here.

The CIL process required for collection arrangements is covered in CIL Regulations Part 8.  The government has issued an information document on CIL collection and enforcement.

 

CIL Process

 

Inform the Council of proposed development

 

As the CIL process begins when a planning application is submitted, the first form needs to be completed and submitted at the same time. It asks for details of new floorspace to be created by the development, and details of any floorspace to be demolished which can be offset against the new floorspace calculation.  It is in your interest to provide this information, especially where there are existing buildings in use on your site, in order to ensure that the CIL calculations can be completed correctly. When submitting for planning complete Form 1.

Any changes to details supplied on this form (i.e. change of address, phone number etc) need to be submitted before the development is commenced, again using Form 1 – Additional Information

If you are creating additional floor space which would be chargeable or new dwellings under permitted development you must use Form 5 – Notice of Chargeable Development before commencement begins.  The only exception to this is when the new floorspace is less than 100m2, although even here one might be tempted to complete the form in case you have miscalculated especially if you are close to the 100 sq m. If you do ensure you claim for a relief or exemption if they apply.

 

Inform the Council who will be responsible for paying CIL for an application

 

It is important that you inform the Council who is responsible for paying the CIL if permission is granted. A request for Form 2 will be sent out immediately after planning approval is issued, if it has not already been received. Form 2 – Assumption of liability

If at any time during the process, you wish to withdraw or transfer liability of the charge (i.e. If you sell the site) then you need to complete and submit to the Council either: Form 3 – Withdrawal of Assumption of Liability or Form 4 – Transfer of Liability

Once liability has been assumed, the Council will issue a Liability Notice to all relevant parties as well as the landowner, if the two are different. If any changes occur after the Liability Notice is issued, a revised notice will be sent out that will supersede the previous notice.

 

Claiming Relief as part of the CIL process

 

The Regulations provide for exemption from CIL in the following circumstances:

  • Social housing developments
  • Charitable developments provided by a charity for charitable purposes
  • Self-build developments
  • Self-build residential extensions
  • Self-build residential annexes

Warning: Relief is not automatically available; it must be applied for prior to commencement of development. This is a vital step in the CIL process if it applies.

See our pages on Claiming Reliefs and Exemptions and a more detailed page on Self-Build Exemptions.

The completed form must be submitted to the Council prior to the commencement of development in order to obtain relief. The Council cannot process requests for relief retrospectively of commencement.

If any relief is granted, where relevant, a revised Liability Notice will be sent out to reflect any changes as a result of the relief. This will supersede any previous notice sent.

 

Informing the Council of Commencement

 

The regulations require the submission of a Commencement Notice by the liable party. Form 6 – Commencement Notice

Once this Commencement Notice has been received, the Council will issue a Demand Notice. This notice will detail who is liable, for how much, any reliefs or surcharges,  and will also specify the dates on which the payments are due,  in line with the regulations Part 8 Section 70 and the Council’s Instalment policy, whichever is relevant.

 

Enforcement

The process and format of the forms is prescribed by the Community Infrastructure Levy Regulations 2010, and there are surcharges and penalties if these are not strictly followed. Failure to assume liability before the commencement of development can result in surcharges.  Details are set out in Part 9 of the Regulations.

 

Monitoring

The CIL regulations require the Council to report on CIL collection and spend. The Council will do this as part of its Annual Monitoring Report, showing how much CIL has been collected, the total amount that has been spent, and the degree to which particular projects have benefitted.

 

CIL Process Page Updated: 30th March 2025

 

 

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