CIL procedure and forms

If you are liable for Community Infrastructure Levy (CIL) you have important statutory responsibilities as set out in the CIL Regulations 2010 (as amended). For help and support, please refer to the government’s published guidance or contact us.

• Community Infrastructure Levy guidance (GOV.UK)

You can download all of the CIL forms listed here from the Planning Portal CIL forms page.

There are 6 key steps.

Step 1: Submit a planning application with a CIL Form

Developments liable for CIL will usually require planning permission.

• CIL Form 1 additional information – submit this form with your planning application if the development is CIL liable, or you are unsure if it is CIL liable
• Also see the Form 1 guidance note

We will use this form to determine whether the development is liable for CIL.

Please note that a development can be CIL liable even if it does not require express planning permission. The criteria for CIL liability applies equally to developments which benefit from a general consent, such as the permitted development order.

For example, a change of use from non-residential to residential, permitted via the prior approval procedure, would be potentially CIL liable on the basis that it includes the creation of new dwellings.

Where a proposed development is liable for CIL but does not require planning permission, a completed notice of chargeable development and any relevant relief or exemption forms must be submitted to us prior to commencement, so that the CIL liability (if any) can be calculated.

Step 2: Planning permission and the CIL Liability Notice

In the event that planning permission is granted  or a CIL liability is otherwise identified as a result of development, we will issue a CIL Liability Notice clarifying the amount of CIL that is liable for that development.

Step 3: CIL liability and the Assumption of Liability Form

Responsibility to pay CIL runs with the ownership of the land, unless another party has assumed liability.

This step may be taken alongside any earlier steps.

CIL Form 2: Assumption of Liability

CIL Form 2 must be submitted to us before the development commences. This informs us who will assume liability for the levy.

CIL Form 3: Withdrawal of Assumption of Liability and CIL Form 4: Transfer of Assumed Liability

In the event you want to change the assumed liability then CIL Form 3 and CIL Form 4 should be submitted to us.

A liable party should complete CIL Form 3 to request permission to relinquish liability for the levy in relation to a specified development. See Transfer of Assumed Liability.  CIL Form 4 should be used to transfer liability for the levy and by the parties willing to assume the liability.

In the event you want to change the assumed liability then CIL Form 3 and CIL Form 4 should be submitted to us. A liable party should complete CIL Form 3 to request permission to relinquish liability for the levy in relation to a specified development.

CIL Form 4 should be used to transfer liability for the levy and by the parties willing to assume the liability.

Step 4: Claiming Exemption or Relief from CIL

Exemption or Relief from CIL for Social Housing, Charitable Development, Self Build, Residential Annexes or Residential Extensions must be applied for by completing the relevant form and a decision on the Exemption or Relief must be received from the council before development commences on site.

This step may be taken alongside any earlier steps.

Step 5: Commencing development and the CIL Demand Notice

A Commencement Notice confirming the start date of the development on site must be received before development is due to commence on site.

CIL Form 5: Notice of Chargeable Development

CIL Form 5 should be used by landowners to notify us they intend to start work on a development that does not need planning permission, but which may be liable for the levy (see regulation 64, as amended by the 2011 and 2014 Regulations, for details).

CIL Form 6: Commencement Notice

CIL Form 6 should be used to notify us that work is starting on a development which is liable for the levy (see regulation 67 for details).

After the commencement date we will issue a CIL Demand Notice detailing the amount payable.

Step 6: Paying CIL

The payment will generally be due in full at the end of 60 days after the development has started on-site. It may be possible for payment to be made in instalments if our policy allows for this.

Our instalments policy is available within the CIL Charging Schedule updated with Governance and revised Reg 123 (pdf, 14 page(s), 773.02 KB).

If a development is liable for CIL, payment is mandatory. There are strong enforcement powers and penalties for failure to pay, including:

• stop notices
• surcharges
• late payment interest
• prison terms

Appeals

GOV.UK has information and guidance on how to appeal:

• Appeal a CIL notice
• CIL: how to make an appeal