Are you liable to pay the CIL?

Last updated: 30 July 2024

Next review: 30 July 2025

In general, all planning applications are CIL liable if they meet one or both of the following criteria:

  • They create 100m2 or more of new floorspace (including change of use); or
  • They create one or more new dwellings.

And the date of your planning permission is on or after the date CIL charging was introduced.

  • Mayoral CIL: 1 April 2012
  • Local CIL: 15 May 2014

If your application is liable for CIL you should ensure that:

  • CIL Form 1: Assumption of Liability is completed as soon as permission has been granted.
  • You complete CIL Form 2: Claiming Exemption or Relief if your development is eligible for charitable exemption, discretionary charitable relief or social (affordable) housing relief. This must be done before development starts.
  • You complete the correct self-build exemption claim form (CIL Form 7, Part 1 and 2) if your development (new dwelling, annex or extension) is eligible for self-build exemption. This must be done before developments starts.
  • A CIL Form 6: Commencement Notice is completed and returned before the development starts (this form must be completed in addition to any notice relating to Building Regulations). Once we receive this form, we will issue a demand notice with the the amount of CIL due, due date and how to pay.

Failure to follow the above steps will result in surcharges and any relief will be denied. In addition, you will be ineligible to request a review or appeal against your CIL liability, as outlined in the CIL regulations.

It is your responsibility to tell us if:

  • There is a change in the liable party (please use CIL form 1 Assumption of Liability, or form 3 Withdrawal of Assumption of Liability and form 4 Transfer of Assumed Liability).
  • The liable party's contact details change.
  • If any buildings are demolished before the CIL liable date.
  • If, prior to the CIL liable date, any buildings to be demolished or converted change in their eligibility to be deducted from your CIL liability. For example, if existing buildings that were 'in use' for a continuous period of at least six months are no longer being used, or conversely, are brought into use.

If you have any questions about the above, please contact our CIL team to avoid unnecessary surcharges and delays.