The CIL process on a development

The CIL process needs to be followed carefully. The CIL regulations clearly set out the notification procedure so it is important that this process is followed, as CIL surcharges can be applied for failure to notify the council of issues such as liability to CIL and commencement of development. All exemptions must be applied for prior to commencement.

Note that CIL only applies to local authorities that charge CIL. You can find the full list on our site here.

The collection arrangements are principally in Part 8 of the Community Infrastructure Levy Regulations 2010, as amended. For current procedural guidance use the government’s Community Infrastructure Levy guidance; older collection-and-enforcement PDFs pre-date several important amendments.

• Inform the Council of proposed development
• Inform the Council who will be responsible for paying CIL for an application
• Claiming Relief
• Informing the Council of Commencement
• Enforcement
• Monitoring

Inform the Council of proposed development

As the CIL process begins when a planning application is submitted, the first form needs to be completed and submitted at the same time. It asks for details of new floorspace to be created by the development, and details of any floorspace to be demolished which can be offset against the new floorspace calculation.  It is in your interest to provide this information, especially where there are existing buildings in use on your site, in order to ensure that the CIL calculations can be completed correctly. When submitting for planning complete Form 1.

Any changes to details supplied on this form (i.e. change of address, phone number etc) need to be submitted before the development is commenced, again using Form 1 – Additional Information

Where chargeable development is permitted by a general consent, including permitted development rights, a Form 5 – Notice of Chargeable Development normally needs to reach the collecting authority before development starts. It is not required where the development is exempt as minor development, where a residential extension exemption has already been granted, or where the chargeable amount is zero. A new dwelling can be chargeable even where it is below 100 square metres, so do not use the 100 square metre threshold as a shortcut for a dwelling.

Inform the Council who will be responsible for paying CIL for an application

It is important that you inform the Council who is responsible for paying the CIL if permission is granted. A request for Form 2 will be sent out immediately after planning approval is issued, if it has not already been received. Form 2 – Assumption of liability

If at any time during the process, you wish to withdraw or transfer liability of the charge (i.e. If you sell the site) then you need to complete and submit to the Council either: Form 3 – Withdrawal of Assumption of Liability or Form 4 – Transfer of Liability

Once liability has been assumed, the Council will issue a Liability Notice to all relevant parties as well as the landowner, if the two are different. If any changes occur after the Liability Notice is issued, a revised notice will be sent out that will supersede the previous notice.

Claiming Relief as part of the CIL process

The Regulations provide for exemption from CIL in the following circumstances:

• Social housing developments
• Charitable developments provided by a charity for charitable purposes
• Self-build developments
• Self-build residential extensions
• Self-build residential annexes
• exceptional circumstances relief, where the charging authority has chosen to make it available and the statutory tests are met

Warning: relief and exemptions are not automatic. The relevant claim must be made and granted before commencement where the Regulations require it. Starting development before the claim has been determined can prevent relief being obtained.

See our pages on Claiming Reliefs and Exemptions and a more detailed page on Self-Build Exemptions.

• Form 7 – Self Build Exemption Claim Form Part 1
• Form 7 – Self Build Exemption Claim Form Part 2
• Form 8 – Self Build Residential Annex exemption Claim Form
• Form 9 – Self Build residential extension exemption claim form
• Form 10 – Charitable Relief
• Form 10 – Social Housing Relief

The relevant relief or exemption claim must be submitted and, where required by the Regulations, granted before commencement. A retrospective claim after development has started will not normally rescue a relief that had not already been obtained.

If any relief is granted, where relevant, a revised Liability Notice will be sent out to reflect any changes as a result of the relief. This will supersede any previous notice sent.

Informing the Council of Commencement

For most chargeable development the collecting authority must receive a valid Commencement Notice before work starts. The current paperwork is Form 6. A residential extension that has been granted the specific residential extension exemption is the important exception: Regulation 67(1A) means no Commencement Notice is required for that exempt extension.

Once the Commencement Notice has been received, the Council will issue a Demand Notice. This tells each liable person what is payable, including relevant reliefs, surcharges or interest, and when payment is due under the Regulations and any applicable instalment policy.

Enforcement

The Community Infrastructure Levy Regulations 2010 prescribe the notification and collection process, and Part 9 contains the surcharge and enforcement powers. Failure to assume liability, submit a Notice of Chargeable Development where required, or submit a required Commencement Notice can trigger surcharges and can also affect instalment rights. Since the 2019 amendments, a missing Commencement Notice after self-build, charitable or social housing relief has already been granted normally attracts a 20% surcharge capped at £2,500 rather than automatically cancelling that relief. If a surcharge has been added and you believe it is wrong, see our guide to CIL appeals, which explains the three statutory grounds and the 28-day deadline.

Monitoring

Authorities that receive developer contributions must publish an annual Infrastructure Funding Statement. This replaced the old regulation 123 list approach and reports CIL and section 106 receipts, allocations and expenditure. Look for the current Infrastructure Funding Statement on the authority’s website if you want to see where CIL money has gone.

Community Infrastructure Levy (CIL)

CIL Process Page Updated: 30th August 2026