View guidance on the CIL Regulations
CIL and COVID-19
View the Community Infrastructure Levy (Coronavirus) (Amendment) (England) Regulations 2020.
In July 2020, the Government made some amendments to the CIL Regulations 2010 (as amended) to allow small and medium sized developers, that may be in financial difficulties as a result of the Covid-19 coronavirus, to request a deferral of a CIL payment for up to six months until 31 July 2021. For more information on how to make a claim, and the required evidence, please email email@example.com
Exceptional Circumstances Relief Policy
We have determined to make relief for exceptional circumstances available, in accordance with Regulations 55 and 56 of the Community Infrastructure Levy Regulations 2010 (as amended). Further information on this policy can be viewed on the Exceptional Circumstances (ECR) Policy.
The policy is also available to inspect at our main offices. However, due to the COVID-19 pandemic, they are currently closed to the public. Therefore, the ECR policy has been published and can be viewed on the entrance doors to our main offices.
What is the Community Infrastructure Levy?
The purpose of the Community infrastructure levy (CIL) is to raise funds from developers who are undertaking new building projects, to help pay for infrastructure that is needed to support new development as set out under The Planning Act 2008 and The Community Infrastructure Levy Regulations 2010 (as amended).
The money raised from the CIL will be used to fund a variety of infrastructure including highways, education, learning and skills, county sports provisions health facilities etc.
It will replace Section 106 planning obligations for many forms of infrastructure, although Section 106 agreements can still be used for site-specific mitigation measures and for affordable housing provision.
We adopted a community infrastructure levy on 1 March 2016. The CIL Charging Schedule sets out the rates of CIL that apply to new developments in Rutland.
The council maintains a Community Infrastructure Levy (CIL) database. All CIL liable and CIL exempt applications are placed on the Local Land Register, as a Local Land Charge. A CON29 search will reveal additional information including the planning reference numbers of existing CIL applications. Conveyance solicitors are expected to contact our CIL officer before completing a sales transaction when a CIL charge is revealed on the Local Land Charges Register.
When a property is being resold, we will also need a CIL Transfer of Assumed Liability (Form4) to be completed once the exchange of contracts has been completed
How much will I have to pay?
From 1 March 2016 eligible developments will be charged in accordance with the rates/sq m set out in the council's adopted CIL Charging Schedule. CIL is charged on gross internal floorspace of any new building or an extension to an existing building if it has at least 100m2 of gross internal floorspace or involves the creation of a dwelling even when it is below 100m2.
As required by community infrastructure levy Regulation 121C, Rutland County Council (RCC), as a Charging Authority for CIL, has produced the following Annual CIL rate summaries.
Annual CIL rate summary 2020
Annual CIL rate summary 2021
How is CIL calculated?
CIL charges will be calculated in accordance with CIL Regulation 40 (as amended). The chargeable amount will be equal to the total of the amounts of CIL chargeable at each of the relevant rates as set out in the charging schedule multiplied by the deemed net area chargeable measured.
There is the ability to offset existing floor space on change of use, and demolition of existing buildings, if evidence is provided to show that they have been in lawful use for at least 6 months continuous within the 3 years prior to the permission date. The onus is on the applicant to demonstrate continuous lawful use.
Where part of an existing building has been in lawful use for a continuous period of 6 months within the past 3 years, parts of that building that are to be demolished or retained can be taken into account. The way those parts are taken into account is set out in the formula in Schedule 1 of The Community Infrastructure Levy Regulations 2019
Where an existing building does not meet the 6-month lawful use requirement, its demolition (or partial demolition) is not taken into account. However, parts of that building that are to be retained as part of the chargeable development can still be taken into account if the intended use matches a use that could have lawfully been carried out without requiring new planning permission. The detailed requirements are set out in Schedule 1 of The Community Infrastructure Levy Regulations 2019
What is Indexation and how does it affect the levy calculation?
In calculating individual charges for the levy, the CIL regulations require collecting authorities to apply an index of inflation to keep the levy responsive to market conditions.
From 1 January 2020, the index is the RICS Building Index for CIL published by the Royal Institution of Chartered Surveyors. This annual index figure will be published on or around 1 November each year and will apply from 1 January of the following year for the whole calendar year.
Prior to 2020, the index figure was the figure for 1 November for the preceding calendar year in the national All-in Tender Price Index published by the Royal Institution of Chartered Surveyors.
How to measure floorspace for CIL purpose
Exemptions and Relief
The regulations provide for a number of types of development that are exempted from payment of CIL. These include:
- Development proposals (with the exception of developments that create one or more dwellings), which create less than 100 square metres of gross internal floorspace (such as residential extensions less than 100 square metres of new floorspace). Development which creates one or more new dwellings will be charged the community infrastructure levy irrespective of the floorspace created
- Development of buildings into which people do not normally go (for example wind turbines, electricity sub stations)
Relief from CIL Liability
In addition, there are some circumstances where you can claim relief from the payment of CIL. These are:
- Those building their own homes or have commissioned a home from a contractor (Self build relief)
- A residential extension or annex built within the grounds of your own home (Self build relief)
- Social housing provided by a local authority, private registered provider and shared ownership dwellings (Social Housing Relief)
- Development by charities for charitable purposes (Charitable relief)
- Exceptional Circumstances relief
Please note: in order to be eligible to pay a CIL liability by instalment, all the relevant forms must be submitted to the Council prior to the commencement of the chargeable development, and all the payments must be made in accordance with this CIL Instalment Policy and Regulatory requirements.
CIL Administration Process
- For cases where planning permission is not required (for example permitted development applications) but CIL is payable a Notice of Chargeable Development must be submitted before work starts.
- Where your proposed development needs planning permission please follow the steps below.
CIL Application forms
- All forms are available for download from the Planning Portal, the following section details when each form applies.
Step 1 - Provide CIL Information (responsibility of applicant/agent)
CIL Additional Information Form
Applicants are required to submit the Additional Information form with their planning application for all type of developments specified on the Rutland County Council Charging schedule as detailed below:-
- Residential development of one or more dwellings through new build or conversions even if less than 100 sq. m.
- The establishment of other residential floorspace such as extensions, and other ancillary buildings such as stores, garages if over 100 sq. m (or less than 100 sq. m if it contributes to the creation of new dwelling);
- Convenience based supermarkets, superstores and retail warehouses.
- Storage and Distribution uses relating to B8 use as set out in the Use Classes Order
- Planning Application additional information requirement (CIL Questions) form
- Download the associated guidance note
The information supplied on this form will help us determine whether or not CIL is payable, and if it is a provisional CIL amount.
Please note: Where your proposed development falls within one of the CIL Exemption categories (i.e. is creating less than 100 sqm of gross internal area) or a zero chargeable amount is specified on our Charging Schedule you will not be required to submit the CIL Questions form. Please note, that the Council is entitled to request submission of the CIL Questions form if it is not clear from the planning application whether there could be some liability to CIL.
CIL Assumption of Liability form
If you know at this point who the person or party is that will be paying the CIL charge you should also submit an Assumption of Liability form.
Form 2: Assumption of Liability
We strongly encourage you to submit this form with your planning application.
Claiming Relief from CIL
If you consider that your development, or part of it, is eligible for relief from CIL you will need to submit one of the following forms, after having submitted an Assumption of Liability form:
Again, we strongly encourage you to do this as early as possible, failure to complete and return the appropriate forms within the time limits specified in the Regulations will result in no CIL relief being granted.
Step 2 - Liability Notice (responsibility of Council)
Shortly after grant of planning permission, we will issue a Liability Notice (to the person(s) named in Form 2: Assumption of Liability
Step 3 – Commencement Notice (responsibility of applicant/agent)
IMPORTANT: Prior to any work starting on site you must have submitted both:
It is important that you wait until you receive an acknowledgement from the CIL team at the council that this form has been received.
Failure to do this may result in the loss of the right to payment by instalments (where applicable)
If your CIL liability notice, or revised CIL liability notice, was issued before 1 September 2019
If you have received an exemption or relief from the levy, failure to submit this form and for it to be received by the collecting authority, before commencing your development will result in the loss of the exemption or relief and make you liable for the levy.
If your CIL liability notice, or revised CIL liability notice, was issued on or after 1 September 2019
If you have received an exemption or relief from the levy, failure to submit this form, and for it to be received by the collecting authority, before commencing your development will result in a surcharge being applied by the collecting authority equal to 20% of the chargeable amount or £2,500, whichever is the lower amount.
If you are claiming any relief from CIL (as detailed in Step 1) this must also have been done before work starts.
Step 4 – Demand Notice (responsibility of Council)
Upon receipt of the Commencement Notice the Council will prepare and send a CIL Demand Notice detailing the amount of CIL payable and when it is due. If no-one has assumed liability to pay CIL before the demand notice is issued then the liability defaults to the owner(s) of the land.
If there have been any changes of circumstances regarding the liability of the person or party who has assumed liability to pay CIL you will need to submit either a Withdrawal of Assumption of Liability form or a Transfer of Assumed Liability form before the final payment of CIL is due.
Once the CIL payment has been received the Council will issue a payment acknowledgment.
Note: If the date given on the Commencement Notice is delayed, the applicant/agent can issue a further Commencement Notice.
Step 5 – Updating the Land Charges Register
When we've received the full payment and the development is not subject to any relief or clawback periods, we'll remove the CIL charge from the Land Charges Register.
If the development was granted relief then the CIL charge will stay on the Land Charges Register for three or seven years. The number of years depends on the relief granted.
The CIL charge stays on the register in case something changes (a disqualifying event) and the relief is taken away. You'll then have more CIL to pay so it would be wrong to remove the charge from the register.
If the development is never carried out and planning permission ends, once we receive confirmation of this, the CIL charge will be removed from the register.
Stage 6: Let us know about things affecting relief or an exemption
If the development was granted relief or an exemption from CIL you have to let us know about anything that could affect it. Something that would affect your right to receive relief or the exemption is called a disqualifying event.
Each type of relief or exemption depends on different things so a disqualifying event is different for each type of relief or exemption.
Tell us about a disqualifying event
You must let us know in writing (so by letter or email) about the disqualifying event. You must do this at least 14 days before the disqualifying event will take place. If you don't then you could face extra charges (surcharge). We'll give you 28 days before we take any action.
We will issue a new Liability Notice and Demand Notice for the new CIL payment.
Appealing against the charge
Appeals can be made against some aspects of the community infrastructure levy collection and enforcement system, from the levy collection authority’s calculation of the amount due to any enforcement actions it may take. There are two exceptions where an appeal system does not exist: social housing relief and exceptional circumstances relief.
Further information on CIL appeals can be found on the planning practice guidance website
In the first instance of you disagree with the CIL liability calculated in the Liability Notice you can request a review under Regulation 113 of the CIL Regulations. The review must be requested before the end of 28 days beginning on the day on which the Liability Notice was issued. To do this you must write a letter clearly explaining why you consider the Liability Notice to be incorrect (preferably including supporting information) and submit it by email with the title ‘Request for CIL Regulation 113 Review’ to firstname.lastname@example.org or by post to
Community Infrastructure and Planning Obligations Officer,
Planning Policy and Housing Team,
Rutland County Council
Further information on the community infrastructure levy can be found on the Planning Practice Guidance website.
If you have any queries regarding this process or CIL, in general, please contact
Community Infrastructure and Planning Obligations Officer,
Planning Policy and Housing Team,
Rutland County Council