CIL Regulations & Guidance
CIL PROCEDURE GUIDANCE
|Stage||CIL Procedure Guidance|
|1: Submitting your application||
All planning applications must complete the CIL Additional Information Form. You must also ensure you include existing and proposed floor plans; without these documents your application will be invalid.
If you do not need planning permission for your development (including Permitted Development) you should complete the Form 5: Notice of Chargeable Development before you start work. You will also need to include the CIL Additional Information Form.
|2: Determining applications||
During the application process the SDNPA will review the information provided by you and decide whether the development is CIL liable. If your development is CIL liable then once planning permission has been granted, the SDNPA will issue the landowner(s), or the person who has assumed Liability, with a Liability Notice stating the chargeable amount.
If planning permission is granted after an appeal, the Liability Notice will be issued as soon as possible after the appeal decision.
|3: Applications for Relief||
If you think you are eligible to apply for exemption from the CIL Charge then you must complete and submit one of the following forms. Exemption can be claimed at any point between submission of the application and commencement of development, but you cannot claim for relief after commencement of works.
Within 6 months of completing self-build housing, you must submit Form 7: Self Build Exemption Claim Form Part 2.
|4: Assuming Liability||
Prior to starting work the Form 1: Assumption of Liability Notice must be submitted so that we know who will be paying the CIL.
This form can be submitted at any point between submission of the application and commencement of development.
If the liability for paying CIL changes after the Assumption of Liability Notice has been submitted, you should complete either a Form 3: Withdrawal of Assumption of Liability or a Form 4: Transfer of Assumed Liability. This should be submitted before the final payment of CIL is due.
|5: Commencing Work||
After submitting the Assumption of Liability Notice, but before you start work, the Form 6: Commencement Notice must be submitted for all CIL liable development (including residential annexes and extensions). This will allow the SDNPA to calculate the amount of CIL to be paid, by whom it will be paid and when it needs to be paid.
Failure to submit a Commencement Notice at least 1 day prior to starting work, will:
– Forfeit the right to pay CIL in instalments (where applicable)
– Forfeit the right to claim exemption/relief
– Result in a penalty surcharge
Work cannot commence until the SDNPA has acknowledged receipt of the Commencement Notice.
|6: Paying CIL||
Once the Commencement Notice has been received the SDNPA will issue a Demand Notice to whoever has assumed liability to pay CIL. It will set out the amount and the date when the CIL needs to be paid. If no-one has assumed liability to pay CIL before the Demand Notice is issued, the liability will default to the landowner(s).
CIL must be paid within 60 days of the commencement of development. Where a CIL liability is over £50,000 the liable party may pay in accordance with our Instalment Policy.
At the end of the Clawback Period, providing no Disqualifying Event has occurred, the Land Charge will be removed from the property. Clawback periods:
– For residential annexes and self-build housing is 3 years beginning with the date of the compliance certificate relating to the annex or dwelling
– For Social Housing is 7 years beginning with the date on which the dwelling is first let
A Disqualifying Event could be any of the following:
– Use of the main dwelling for any purpose other than as a single dwelling
– The Letting of the residential annex
– The sale of the main dwelling or the residential annex unless they are sold at the same time to the same person
If a Disqualifying Event occurs the relevant person will be liable to pay the CIL.
Please email us at firstname.lastname@example.org for all CIL related enquiries including planning applications that might attract a CIL payment, the Infrastructure Delivery Plan and infrastructure projects.