Start with the local planning authority. Confirm that it has an approved Community Infrastructure Levy (CIL) charging schedule in force, then compare that schedule’s effective date with the permission that first authorises your chargeable development. Screen the proposal against the 100-square-metre net additional internal-area rule, remembering that a new house or flat can be liable at any size. Finally, ask the collecting authority to confirm the position in a Liability Notice and check which reliefs, forms and payment deadlines apply.
This guide covers the CIL system in England. It is general information, not a determination for a particular site. Rates, schedules, permission dates and administrative procedures are local and can change.
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What the infrastructure levy is
The Community Infrastructure Levy is a charge that an English local authority may impose on new development to help fund infrastructure. It is not automatically payable on every planning permission. CIL operates only in an area where the charging authority has consulted on, approved and published a charging schedule, and where that schedule is in effect for the relevant permission.
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The amount is set locally, usually by development type and geographic zone. The same size of scheme can therefore produce different liabilities in different authorities. A broad screening test can tell you whether a project may be chargeable, but only the current local schedule and the authority’s Liability Notice establish the amount and payment arrangements.
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“Your local authority will be able to inform you whether it has adopted the levy. Any authority that charges the levy is required to publish a charging schedule on its website.”
UK government planning guidance
Step 1: identify the collecting authority and its charging schedule
Find the authority responsible for the site
Begin with the local authority in whose area the development is located. It may be the council that determines the planning application, or another body identified locally as the collecting authority. Ask the planning or CIL team to confirm which authority will collect the levy for the permission.
Check whether CIL was adopted
Look on the authority’s planning website for its adopted CIL charging schedule and any map or rate table that forms part of it. The authority should publish the schedule, its adoption or approval information, the date it took effect, and local forms or guidance. Do not rely on a search result, an old planning report or a schedule from a neighbouring council.
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Read the effective-date provision carefully. The usual rule is that a charge does not arise where the authority had no charging schedule in effect on the relevant permission date. Transitional and general-consent rules can alter which date matters, so retain the schedule and permission documents that applied at the time.
| Document or fact | Why it matters |
|---|---|
| Adopted charging schedule | Shows whether the authority has a CIL and the rates and categories it uses. |
| Schedule effective date | Must be compared with the date that legally authorises the chargeable development. |
| Rate map or zone table | Identifies the rate applicable to the site and development type. |
| Local CIL guidance and forms | Sets out the authority’s submission route, contacts and administrative requirements. |
Step 2: establish which permission date controls
CIL liability is permission-sensitive. The relevant date is not always the day a first application was submitted or the day a committee resolved to approve it. The date can be later than the initial grant where another approval is needed before the chargeable development is authorised, such as approval of final reserved matters.
Ordinary express planning permission
For a conventional express permission, assemble the decision notice, approved plans and any later variation or amendment that changes the development. Confirm which permission first permits the chargeable floorspace and whether the charging schedule was in force on the applicable date.
Reserved matters and other further approvals
Where outline permission is followed by reserved-matters approval, the official CIL manual explains that the relevant date may be associated with the later approval. Check the exact permission route with the collecting authority rather than assuming that the outline decision date controls.
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A phased development may be assessed by phase. Keep a separate record of each phase’s approved floorspace, relevant date, notices and payment position. A single site-wide estimate can be misleading when rates or approvals differ between phases.
General consent
Development carried out under a general consent rather than an ordinary express planning permission can require a notice of chargeable development before work starts, subject to the exceptions in the regulations. Ask the collecting authority which notice and supporting information apply to that permission route; do not assume that the forms for an express permission are sufficient.
Step 3: apply the floor-area screening test
The 100-square-metre rule
Under the general CIL guidance, most new development that creates 100 square metres or more of net additional internal area may be liable. “Net additional” means the chargeable increase after the relevant existing internal area is taken into account, not simply the gross size shown on a marketing plan.
This is a screening threshold, not a calculation of the bill. The local charging schedule, the permission history and any relief or exemption can produce a zero or reduced charge even where the threshold is met.
New houses and flats are treated differently
The 100-square-metre limit does not apply to a new dwelling. A newly created house or flat can be chargeable at any size, subject to the schedule and any applicable relief. A small new dwelling should therefore not be dismissed merely because its internal area is below 100 square metres.
Measure the correct area
Use the approved plans and the authority’s CIL measurement requirements. Distinguish new internal floorspace from areas that are demolished, retained or otherwise treated under the regulations. If the application includes several uses, separate the areas by the categories and zones used in the charging schedule.
| Proposal characteristic | Initial screening result | What to do next |
|---|---|---|
| New non-residential development with less than 100 square metres of net additional internal area | May fall below the general threshold | Check the permission, use category and any dwelling element; obtain the authority’s confirmation. |
| New non-residential development with 100 square metres or more of net additional internal area | Potentially chargeable | Apply the local rate and check relief, demolition and existing-area rules. |
| New house or flat of any size | Potentially chargeable | Do not apply the 100-square-metre exclusion; check the schedule and dwelling-specific relief. |
| Alteration or extension with no chargeable net increase | May produce no chargeable area | Confirm how the existing and proposed areas are treated under the regulations. |
Step 4: check exemptions and relief before starting work
A project that passes the size test can still have a zero liability or qualify for relief. Eligibility is conditional and procedural. The main examples identified in government guidance are residential annexes and extensions, self-build housing, charitable development and social housing.
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Residential annexes and extensions
Special rules can apply to an annex or an extension associated with a dwelling. Check the detailed conditions, including how the accommodation is used and whether the claimant meets the relevant ownership or occupancy requirements. The fact that a proposal is described as an “annex” on drawings does not itself grant relief.
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Self-build housing
Self-build relief may be available for qualifying houses and, in some circumstances, qualifying residential units. The claim normally requires prescribed evidence and must be made and approved before development commences. Keep invoices, compliance evidence and other documents required by the authority.
Charitable development
Development by or for a qualifying charitable organisation can attract an exemption or relief where the statutory conditions are met. Confirm both the organisation’s status and the proposed use. A charitable purpose alone is not a substitute for a valid claim.
Social housing
Social housing relief can apply to qualifying dwellings or floorspace. The authority will need the information specified in the regulations and its local process. If the tenure or allocation changes, ask whether the relief remains valid.
Procedural deadline
Most relief and exemption claims must be submitted and granted before chargeable development commences. Starting work first can make a claim invalid, even where the project would otherwise meet the substantive conditions. Obtain written confirmation of the authority’s decision and retain it with the permission file.
Small calculated amounts
Where the calculated liability is less than £50, the government guidance states that the chargeable amount is deemed to be zero. This is a legal rule figure, not a general discount or a promise that every small project will be free: the calculation must still be made under the applicable schedule.
Step 5: complete the CIL forms and notices in the right order
The paperwork creates separate legal and practical risks. Use the authority’s current versions and submit them through the route it specifies.
- Submit Additional CIL Information (Form 1) with the planning application. Provide the floorspace, existing-use and development information the authority needs to assess liability.
- Identify who will assume liability. The landowner or another party can assume responsibility using the prescribed notice. Make the arrangement clear between the landowner, developer and any funder before works begin.
- Read the Liability Notice. The collecting authority issues this notice after assessing the permission. It states the charge and explains the payment procedure. Check the permission description, floorspace, rate, relief decision and liable party against your documents.
- Submit a Commencement Notice before starting. The notice records the actual start date and is required in the circumstances set out by the regulations and the authority. Do not wait until excavation or a contractor’s invoice if the authority treats an earlier operation as commencement.
- Follow the Demand Notice. This sets out when and how the amount is payable, including any instalment arrangement available under the authority’s policy or the regulations.
Why the Commencement Notice matters
Late or missing notices can trigger surcharges and can remove access to payment instalments, depending on the case. In a specified relief or exemption situation, the guidance describes a surcharge of 20% of the notional chargeable amount, capped at £2,500, where a required Commencement Notice is not submitted before commencement. The 20% and £2,500 figures are legal rule figures stated in the government guidance, not statistical estimates.
Who is liable if nobody assumes liability?
If nobody assumes liability before commencement, the guidance says liability defaults to the landowners. A private agreement saying that a contractor or purchaser will pay does not, by itself, change the statutory position against the authority. Put the assumption of liability on record and confirm that the authority has accepted it.
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The Liability Notice is the authority’s case-specific statement of the charge. Compare it with:
- the charging schedule and rate zone in force on the relevant date;
- the permission and approved plans that first authorise the chargeable development;
- the net additional internal area and any demolished or retained floorspace;
- the development use or category used for the rate;
- any exemption or relief claim and the authority’s decision; and
- the identified liable party and payment timetable.
If any item is wrong or unclear, contact the collecting authority promptly and ask for a written correction or explanation. Do not calculate a payment solely from a rate shown on a website: the notice may reflect permission-specific rules, indexation or relief decisions that are not obvious from a headline rate.
Worked screening examples
These examples show how to decide what to check; they are not quotations of local rates and do not calculate a bill.
| Example | Initial answer | Further checks |
|---|---|---|
| A 90-square-metre commercial extension with no dwelling | The general 100-square-metre screen may point away from liability. | Confirm net additional internal area, existing floorspace treatment, the local schedule and any other chargeable element. |
| A new 72-square-metre flat | It can still be liable because a new dwelling is not protected by the 100-square-metre limit. | Check the residential rate, permission date and any qualifying social-housing or self-build relief. |
| A 180-square-metre replacement building | Potentially chargeable if the net additional area and use meet the schedule. | Account for qualifying demolished or retained floorspace and verify the authority’s calculation. |
| An outline permission followed by reserved matters | The later approval may be the relevant date for CIL purposes. | Ask the collecting authority to identify the controlling permission and schedule. |
| A phased housing scheme | Liability may be assessed separately by phase. | Keep phase plans, dates, notices, relief claims and payment records separate. |
| A project relying on self-build relief that starts before approval | Relief is at risk because most claims must be approved before commencement. | Stop and obtain authority advice before works begin; do not assume a later claim can cure the omission. |
Common mistakes and how to correct them
Checking the wrong council
Symptom: You find a schedule, but it belongs to a neighbouring authority or a different charging area.
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Correction: Confirm the collecting authority for the site and use its schedule, map and forms.
Using an out-of-date schedule
Symptom: The rate on an old viability report differs from the authority’s current documents.
Correction: Compare the schedule’s effective date with the relevant permission date, and preserve the version that applied then.
Applying the 100-square-metre rule to a new dwelling
Symptom: A small new house or flat is treated as automatically exempt.
Correction: Screen every new dwelling at any size, then check the residential rate and relief conditions.
Confusing a screening result with the charge
Symptom: A project is declared “liable” or “free” from its area alone.
Correction: Obtain the Liability Notice and check local rates, existing floorspace, permission history and relief.
Starting before relief is approved
Symptom: A self-build, charitable or social-housing claim is filed after site work starts.
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Missing the Commencement Notice
Symptom: Work has started but the notice was not filed.
Correction: Contact the collecting authority immediately. A surcharge or loss of instalments may follow, and the specified relief case can attract a 20% surcharge capped at £2,500.
Leaving liability unassigned
Symptom: The developer expects the purchaser or contractor to pay, but no assumption was lodged.
Correction: Submit the prescribed assumption before commencement and obtain confirmation. Otherwise, landowners can become liable.
A practical CIL checking checklist
- Record the site address and collecting authority.
- Download the adopted charging schedule, rate map and effective-date information.
- Identify the permission route: express permission, reserved matters, phased permission or general consent.
- Record the permission date that may legally control and ask the authority to confirm it.
- Measure net additional internal area from the approved plans.
- Flag every new house or flat, regardless of size.
- Check the local use category, zone and rate.
- Review annex, extension, self-build, charitable and social-housing reliefs or exemptions.
- Submit Additional CIL Information (Form 1) with the application.
- Agree and lodge an assumption of liability before commencement where appropriate.
- Check the Liability Notice line by line.
- Submit any required relief or exemption claim and obtain approval before work starts.
- Submit the Commencement Notice on time.
- Keep the Demand Notice, payment records and all authority correspondence with the planning file.
When specialist advice is sensible
Ask a planning consultant or solicitor with CIL experience to review the case where the permission has several stages, the existing building history is complicated, the project is phased, relief eligibility is material to viability, or the authority’s notice appears inconsistent with the plans. When comparing advisers, look for experience with the specific collecting authority, similar permission routes, the scope of the written advice and the fee. The authority remains the source for its current schedule, forms and administrative deadlines.
How the rules are dated
The figures and procedures described here come from UK government CIL guidance and manual material. The guidance carries an overall revision date of 1 September 2019, with the relevant paragraphs on the 20% surcharge, £2,500 cap and less-than-£50 treatment revised 16 November 2020. The Community Infrastructure Levy Regulations 2010 are available in a consolidated National Archives view dated 23 July 2026. Apply the provision in force for the permission and commencement facts of the individual case, and ask the authority to confirm any later amendment.
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