Does CIL apply to my development and who is liable?

Does CIL apply to my development

The following types of developments are liable for CIL:

This can include: shops, retail warehouses, hairdressers, undertakers, travel and ticket agencies, post offices, pet shops, sandwich bars, showrooms, domestic hire shops, dry cleaners, funeral directors, internet cafes, financial and professional services (such as banks and building societies), professional services, estate and employment agencies, restaurants and cafés, drinking establishments (such as public houses, wine bars), hot food takeaways and petrol filling stations.

The following types of developments are not liable for CIL:

  • creation of a new dwelling from the subdivision of an existing dwelling
  • residential development falling within Use Classes C2 (residential institutions) or C2A (secure residential institutions)
  • residential (except new dwellings) or retail development under 100 sqm GIA
  • development in any other use class
  • changes of use, where no new floor space is proposed

Do I still need to pay the CIL if my development does not require planning permission?

While most chargeable developments will require planning permission, there may be a small number of cases where a development does not need planning permission but is still liable for the CIL because of its type and size.

For example, a development may be allowed as a permitted development, where it is defined as such by the Town and Country Planning (General Permitted Development) (England) Order 2015). In these cases, the landowner must notify us of their development by submitting a Notice of Chargeable Development.

Difference between liable and chargeable

A development may be liable for CIL, but not chargeable. This will occur where the development meets the conditions for CIL (liable), but a zero rate applies in the charging schedule. A Liability Notice will still be issued, but will state a zero charge is due.