Is my project liable for CIL?

The following planning applications are liable for CIL:

  • Any development that realises new floorspace
  • Development that results in the creation of one or more new dwellings
  • Any development that proposes the conversion of an existing building that is not an in-use building (a building that has been in lawful use for a continuous period of six months within the preceding 3 years.)

Providing that the development does not comprise works that are:

  • For the purpose of creating or carrying works out to a building into which people do not normally go
  • For the purpose of creating or carrying works out to a building which people only access intermittently for the purposes of inspecting or maintaining fixed plant or machinery, Any development that realises new floorspace
  • Development that only affects the interior of a building
  • The conversion of any building previously used as a dwelling to two or more separate dwelling houses. 

The Government has also issued Community Infrastructure Levy Guidance.

The size of development is calculated on the basis of its Gross Internal Area (GIA). The Royal Institute of Chartered Surveyors has produced guidance on how to calculate GIA and this is contained in a document called Code of Measuring Practice 6th Edition.

Applying for planning permission

Not all developments are liable for CIL. However, it is the council, as the charging authority, that determines whether a proposed development is liable to pay CIL.

To enable us to do this, all planning applications must include a completed CIL Determination Form. This includes householder applications and reserved matters following an outline planning permission, and applications for lawful development certificates. The CIL question form guidance will help you complete the form.

We will not register or progress your application until you have submitted this form.

What to do if your project is liable for CIL

If you are granted planning permission and you are liable to pay CIL, we will issue a 'liability notice'. This says how much CIL must be paid. For details visit the What to do if your application is approved and liable for CIL section.

For details of the CIL process, please refer to the CIL process guidance note.

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