Is my development liable for CIL?
A development is liable for CIL if it:
- creates a new dwelling of any size; or
- creates over 100sqm of gross internal floorspace (new build), before making deductions for existing floorspace that is to be demolished; and
- involves buildings into which people normally go.
Gross internal floorspace of any existing buildings, including buildings that are going to be demolished, can be deducted from the CIL liability if they have been in lawful use for at least 6 months out of three years (ending on the day planning permission permits the development). It will be for the applicant to demonstrate lawful use by providing appropriate evidence. See CIL charges and calculating CIL for further information. The regulations also exempt some other types of development from CIL (see below).
CIL applies to development permitted through a planning application, or an appeal. CIL can also apply to certain developments granted under Permitted Development rights and in these cases you must submit a Notice of Chargeable Development. Failure to do so means that the Council can impose penalty surcharges, up to £2,500.
Are any types of development exempt from CIL?
Some developments are exempt from CIL. These include:
- conversion of one dwelling to two or more dwellings
- creation of less than 100sqm of gross internal floorspace (providing it doesn't create a new dwelling)
- conversion / change of use with no additional floorspace
- creation of an additional floorspace within an existing building in lawful use (e.g. mezzanine floor)
- development of buildings and structures people don't normally enter (eg substations)
- a building for which planning permission was granted for a limited period
Is there any relief or exemption from CIL?
Yes. In some cases, relief or exemption from CIL can be granted. See the relief and exemption pages for more information.
Relief and exemptions can be sought in certain circumstances, but is not automatic. Instead, relief and exemptions must be applied for, and this must be done before development commences, using the relevant application forms. To apply for relief and exemptions you must also have assumed liability. There are a number of other conditions which also apply dependent on the type of relief or exemption. Relief and exemptions can be obtained for:
- affordable housing
- charitable developments
- self build - whole houses
- self build - residential extensions / annexes