Community Infrastructure Levy

The Community Infrastructure Levy (CIL) is a charge on new development to deliver the necessary infrastructure in an area. Introduced by the 'The Community Infrastructure Levy Regulations 2010' and amended several times since, most new development which creates net additional floor space of 100 square metres or more, or creates a new dwelling, is potentially liable for the levy.

CIL is complicated and many people, planning professionals included, can often get their heads in a spin trying to understand the rules, regulations and reasons around it. Homeowners, developers and agents can often be found asking:

I got my planning permission and was looking to start the development next week but then I received a CIL Liability Notice in the post out of the blue and have no idea what it is! It says I owe thousands of pounds, and this could bankrupt me. Is there anything that can be done?
I’m considering developing some land but want to mitigate the CIL Liability, are there any ways I can do this?
I’m helping my client with a planning application but the CIL is quite intricate on this job. Are you able to assist with the CIL while I manage the main application?

The answer to all these questions is – yes. As a planning consultancy, we are familiar with all things development economics – including CIL.

Reviews and Strategies

Viable Placemaking have extensive experience in supporting landowners, homeowners, and developers alike with an array of CIL matters.

Often, when Viable Placemaking are approached by clients seeking CIL advice, our first stage is to recommend a CIL Review and Strategy.

This is an informal, confidential report (not submitted to your local Council) in which we review the relevant planning and CIL documents and information to establish your best strategy to proceed.

The first point to note is that if you’ve received a CIL notice that you do not start development, if you have not already done so, as this can reduce the number of strategies which could mitigate or reduce your CIL charge.

If you would like advice regarding your CIL liability or would like us to review your options, please don't hesitate to get in touch.

Get in touch

Reviews and Appeals

Where you think there has been a mistake in calculating your CIL liability, there are several appeals which may be possible, depending on the specific circumstances. These are:

Regulation 113 (Review of Chargeable amount)
Regulation 114 (Chargeable amount: appeal)
Regulation 115 (Apportionment of liability: appeal)
Regulation 116 (Charitable relief: appeal)
Regulation 116A (Exemption for residential annexes: appeal)
Regulation 116B (Exemption for self-build housing: appeal)
Regulation 117 (Surcharge: appeal)
Regulation 118 (Deemed commencement)
Regulation 119 (CIL stop notices)
Schedule 1, paragraph 9 (Pre-CIL permissions ‘amended’ when CIL in effect: appeal in relation to notional relief)

The above have very strict timeframes, some of which are due within 28 days. So, if you have received a CIL Liability Notice or Demand Notice, it will be important to consider your options quickly so you don't lose your right to appeal!

Get in touch

Reliefs and Exemptions

The main way landowners, applicants, and developers mitigate CIL is by offsetting an existing, lawful, in-use floorspace. This reduces the net chargeable area and, consequently, the total CIL liability.

In addition, there are several reliefs and exemptions available, which may be considered depending on the specific development. Depending on the circumstances, the following types of relief may be available:

minor development exemption
exemption for residential annexes or extensions
mandatory/discretionary charitable relief
mandatory/discretionary social housing relief
self-build exemption (for a whole house)
exceptional circumstances relief.

If you would like to learn more about CIL offsetting, relief, and exemptions, feel free to get in touch.

Get in touch

What is my CIL charge?

The Community Infrastructure Regulations have various factors to be considered but the main calculation is:

What is the CIL charging rate at my site for my intended use? This will be a cost per square metre published by the Council
What is the Gross Internal Area of my development? Your architect or planning consultant should have access to this from the application's plans.
What are the index rates? The index rates allow the Council's charging rate to be adjusted for inflation? Every year, the index rate is updated and your council will adjust for indexation by taking the index the year planning is granted divided by the index the year the charging schedule was adopted. This will bring the charge up to today's equivalent amount in pounds and pence.

Charge per square metre x GIA x Index this year ÷ Index in year charging schedule was adopted

Other factors will impact the final CIL charge, such as existing floor area and exemptions, so for more information on your CIL liability, you should review Schedule 1 of the CIL Regulations, which are available online. Please be aware - the CIL Regulations have been updated several times and, therefore, you will need to be conscious of any amendments to the law.

Get in touch

Related Services and Insights

Viable Placemaking WIN the most controversial CIL case

Dual viability and economic advice delivers Hackney homes

CIL Index updates