26th July 2023
Community Infrastructure Levy advice
Planning applications liable to pay Community Infrastructure Levy
- Development of type where rate has been set in the Charging Schedule
- Development creating 1 or more new dwellings - even when floor space is less than 100 square metres
- Development involving change of use of a building that has been unused for a period of time
Planning applications not liable to pay Community Infrastructure Levy
- Development less than 100 square metres - unless it is new dwelling when levy is payable.
- Building that people don't usually go in or to, or only visit occasionally for maintenance - such as plant rooms.
- Development with change of use but no additional floor space and former use has been lawful and in continuous use for at least 6 months of the 3 years prior to planning permission.
- Mezzanine floors of less than 200 square metres inserted into an existing building - only liable for levy if part of a wider planning permission
- Development is a change of use from a single dwelling to 2 or more separate dwellings.
Help assessing if an application is liable for the Community Infrastructure Levy
If you're unsure whether or not you need to pay:
- Fill in Form 1: Community Infrastructure Levy additional information form (PDF document)
- Email it to firstname.lastname@example.org and we will contact you.
Legal processes required under Community Infrastructure Levy
The steps below give an overview of the legal processes required under the Community Infrastructure Levy.
Our Community Infrastructure Levy guidance for applicants (PDF document) gives full details.
Email completed forms to email@example.com.
COVID-19 pandemic lockdown implications for Community Infrastructure Levy
Following the COVID-19 pandemic, the Community Infrastructure Levy (Coronavirus) (Amendment) (England) Regulations 2020 are now in force.
These updated regulations will remain in force until 31 July 2021, they are aimed at helping small and medium sized developers with an annual turnover of less than £45 million who are experiencing financial difficulties because of the effects of COVID-19. The regulations enable charging authorities to defer payments for a maximum of 6 months, to temporarily disapply late payment interest and to provide discretion to return interest already charged where they consider it appropriate to do so.
The regulations can apply to any payment that fell due after 21 March 2020. The request should be made in writing no earlier than 14 days before the CIL payment is due. The council can request further information which should be provided within 14 days of the request. The Council has 40 days within which to grant or refuse the request. The Council may grant a deferral for no more than 6 months from the date the request was received.If the request is granted and the end of the 6 month period falls before 31 July 2021 then a further request may be made for deferral by the developer. If the request is refused the developer has 7 days from date of refusal to make the CIL payment. There is no right of appeal against a refusal.
The full guidance (currently referred to as draft guidance until updated by government, but is correct for the new legislation) can be found on the Gov.uk website.
Before submitting a request, please read the FAQ below. If you meet the criteria for a deferral, please complete and submit the pro-forma (including the requested documentation) to firstname.lastname@example.org