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England, Victoria, New South Wales and Scotland use different structures. In England, the clearest distinction is between the Community Infrastructure Levy (CIL), a scheduled charge that can address cumulative infrastructure impacts, and section 106 planning obligations, which mitigate impacts directly related to a particular development. Other jurisdictions use their own statutory labels and tests, so a rate or exemption from one system must not be carried into another.
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Start with the jurisdiction, not the label
Before estimating a charge, identify four things:
- the country, state or devolved administration;
- the council, local planning authority or other charging authority;
- the current local plan, charging schedule or development contributions plan; and
- the project category and scale, such as a new dwelling, subdivision, change of use, extension or annex.
Rates, thresholds, indexation, relief, payment dates and appeal routes can change. A contribution that applied to an earlier permission may not apply to a later proposal on the same site. Ask the authority for a project-specific calculation and read the permission and any agreement rather than relying on a generic online rate.
“Development contributions” is often used as an umbrella term for money, land, infrastructure works or a negotiated agreement. “Planning levy” may describe a formula-based charge, but it can also be used informally for a local contribution. The legal effect comes from the statute, plan, charging schedule or signed instrument—not from the wording used in a conversation or marketing document.
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How a scheduled levy differs from a site-specific obligation
Scheduled or formula-based levy
A scheduled levy is calculated by applying a published method to the proposal. The method may use floorspace, dwelling numbers, development cost, land area or another measure. It is designed to collect contributions across a defined area, often for infrastructure whose need is cumulative rather than attributable to one site alone. The schedule normally states the geographic zones, uses, thresholds, indexation and payment trigger.
Site-specific planning obligation or agreement
A planning obligation is tied to the effects of a particular proposal. It may require money, land, highway works, affordable housing, drainage, public-realm works or another mitigation measure. The instrument identifies the parties, land, work or payment, timing and enforcement provisions. In some systems it is negotiated; in others the authority may impose an obligation through the permission or accept a unilateral undertaking.
Planning conditions are separate
A permission can contain conditions as well as a levy or obligation. A condition controls how the development is designed, built or occupied; an obligation or levy secures infrastructure, mitigation or a contribution. Check all three sources—the decision notice, the charging schedule or contribution plan, and any deed or agreement—before assuming that paying one charge satisfies every requirement.
England: CIL and section 106
Community Infrastructure Levy (CIL)
CIL is a charge set through a charging schedule adopted by a participating local authority. It is intended to help fund infrastructure needed to support growth and can address cumulative effects across an area. The authority may use different funding routes for the same infrastructure and must explain what developers are expected to pay through each route. Authorities that receive relevant contributions must publish infrastructure funding statements.
CIL is not automatically in force in every authority. Confirm that the council has an adopted charging schedule, that the proposal falls within a chargeable use and zone, and that the current regulations and indexation rules have been applied. The rate can vary by use, location and date. Relief or exemption may depend on the development and on completing the required notices before work starts; an assumption that a small project is automatically exempt can create a liability.
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Section 106 planning obligations
Section 106 obligations are legal obligations entered into by a person with an interest in land and a local planning authority, or made as a unilateral undertaking. They are legally binding, enforceable and run with the land. They are used where a specific development needs mitigation that cannot appropriately be dealt with through a general levy or a planning condition.
For an obligation to be taken into account in an English planning decision, it must satisfy three tests:
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- It is directly related to the proposed development.
- It is fairly and reasonably related in scale and kind to the development.
These tests prevent an authority from treating an obligation as an unrestricted price for permission. A request to fund unrelated works, or to remedy an existing deficiency with no material connection to the proposal, should be examined against the tests and the wording of the agreement.
How CIL and section 106 can operate together
A project can be liable for CIL and also carry a section 106 obligation. CIL may fund cumulative infrastructure across the charging area, while section 106 addresses effects that are specific to the site or proposal. The authority should state which route is being used for each item so that the same requirement is not charged twice. Read the actual permission and agreement: the existence of a CIL schedule does not cancel a valid site-specific obligation, and a section 106 deed does not by itself prove that CIL is payable.
Home extensions, annexes and self-builders
English CIL guidance is expressly aimed at homeowners and self-builders as well as developers. A homeowner adding an extension, annex or a new home should check the charging schedule, floor-area rules, existing-use credit, relief forms and commencement notices with the authority.
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The English guidance also says that planning obligations should not be sought for development consisting only of a residential annex or extension to an existing home. That is a narrow statement about section 106 obligations. It does not establish a blanket exemption from CIL, building regulations, highways requirements, other local charges or the rules of another jurisdiction. Confirm the position in writing before work begins.
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England comparison
| Question | CIL | Section 106 |
|---|---|---|
| Calculation | Published charging schedule and applicable regulations; may vary by use, zone, area and indexation. | Terms negotiated or offered for the particular proposal; may be a payment, work, land or combination. |
| Connection to development | Can address cumulative infrastructure impacts across the charging area. | Must be necessary, directly related, and fairly and reasonably related in scale and kind. |
| Legal form | Mandatory charge where the authority has adopted an applicable schedule and the regulations make it chargeable. | Legal agreement or unilateral undertaking that runs with the land and is enforceable. |
| What to check | Charging schedule, chargeable area, floorspace calculation, relief, indexation and payment trigger. | Decision notice, deed or undertaking, parties, land, trigger dates, review clauses and discharge status. |
Victoria: development contributions plans and infrastructure contributions plans
In Victoria, a development contributions plan is incorporated into the planning scheme. It may require a development infrastructure levy, a community infrastructure levy, or both. The state guidance gives roads, public transport, drainage and some health or childcare facilities as examples of development infrastructure. Libraries, community halls, aquatic centres and sporting facilities are examples of community infrastructure.
A separate infrastructure contributions plan can require monetary contributions, land contributions, or both. The applicable plan determines the development categories, charge areas, contribution items, apportionment and payment point. Check the planning scheme and the plan that applies to the parcel rather than assuming that a statewide figure is the amount due.
The 2026–27 community infrastructure cap
The Victorian Department of Transport and Planning’s current guidance shows a maximum community infrastructure levy of A$1,590 per dwelling for 2026–27. This is a cap shown in the official guidance for that year, not a universal charge or a typical amount payable by every builder. Capped amounts are indexed on 1 July each year using the Australian Bureau of Statistics’ Producer Price Index for Non-Residential Building Construction in Victoria. Recheck the current year, the applicable plan and the dwelling definition before using the figure in a feasibility budget.
What a Victorian feasibility check should include
- the planning scheme provision and development contributions plan applying to the land;
- whether the project attracts a development infrastructure levy, community infrastructure levy, infrastructure contributions plan requirement, or more than one;
- the number and type of dwellings, developable area and other measures used by the plan;
- the indexed rate and date on which the authority assesses it;
- any land or works-in-kind option and the valuation or approval process; and
- the payment or certification stage required before subdivision, commencement or occupation.
New South Wales: three local mechanisms with different logic
NSW Government guidance describes local infrastructure contributions as council charges made when new development occurs. They help fund local infrastructure such as parks, community facilities, local roads, footpaths, stormwater drainage and traffic management. Councils administer the system under state policy, so the relevant council’s contribution plan and current rates control the outcome.
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Section 7.11 contributions
Section 7.11 applies where there is a demonstrated link between the development and the infrastructure being funded. A council contribution plan identifies the infrastructure, estimates its cost and sets the method for apportioning that cost. Rates are commonly expressed per dwelling or per square metre, but the plan may use another basis. The strength of the connection, the apportionment method and the plan’s assumptions matter as much as the headline rate.
Section 7.12 levies
Section 7.12 uses a percentage of the estimated development cost rather than the detailed cost-reflective approach associated with section 7.11. NSW guidance updated 18 June 2026 states that the maximum is 1% in most areas, with some areas charging more. That is a statutory maximum statement for the relevant areas, not an estimate of what a particular project will pay. Confirm the council’s adopted percentage, the method for calculating development cost and any threshold or exemption.
Planning agreements
A planning agreement is negotiated between a developer and a planning authority to deliver an infrastructure outcome. It can be useful where a proposal needs direct works or land, or where the development is not adequately anticipated by an existing contributions plan. The agreement should specify the works or money, staging, security, valuation, timing, dispute process and what happens if the project changes.
NSW state mechanisms
NSW also has state-level mechanisms, including state voluntary planning agreements, special infrastructure contributions in limited circumstances, and the Housing and Productivity Contribution in specified regions. These can sit alongside local requirements. Check current state information and contribution registers as well as the council’s plan.
NSW mechanism comparison
| Mechanism | Calculation and connection | Typical use | Flexibility and review |
|---|---|---|---|
| Section 7.11 | Cost-reflective plan with a demonstrated nexus and apportionment of infrastructure costs. | Development anticipated by a council contributions plan. | Detailed plan process; review and appeal depend on the applicable legislation and decision. |
| Section 7.12 | Percentage of estimated development cost; 1% maximum in most areas, with exceptions. | Simpler levy where the council has adopted this method. | Less project-specific than 7.11; check the adopted percentage and cost methodology. |
| Planning agreement | Negotiated monetary, land or works outcome with a planning authority. | Direct delivery or development not adequately covered by a contribution plan. | Greater contractual flexibility, but obligations, security and amendments must be negotiated and recorded. |
Scotland: proportionate planning obligations
Scottish Government Planning Circular 4/2025 states that a planning obligation must relate to the proposed development, have a clear link to the development’s mitigation and be fair and reasonable in scale and kind. It should not extract unrelated benefits. Nor should it simply remedy an existing infrastructure deficiency unless the development worsens that deficiency to a non-trivial degree and a proportionate mitigation contribution can be justified.
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Those are Scotland-specific planning rules and guidance. They should not be treated as a definition of English section 106 or as an Australia-wide test. Read the Scottish permission, obligation and relevant local development plan together, including any provisions on timing, monitoring, indexing and release.
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| Decision question | Why it matters |
|---|---|
| What is the calculation basis? | Per dwelling, floorspace, land area, development cost, a negotiated sum, land or works produce different cash-flow and valuation risks. |
| How strong must the connection be? | A cumulative levy may have an area-wide purpose; an obligation or agreement normally needs a direct, documented relationship to the proposal. |
| What infrastructure is eligible? | Plans may distinguish roads, drainage, schools, parks, community buildings, transport or other facilities. Do not assume every public project is chargeable. |
| Is the project inside the plan? | New build, subdivision, change of use, extension and annex rules can differ, as can thresholds and existing-use credits. |
| Is it mandatory or negotiated? | A scheduled charge follows the adopted scheme; an agreement can define works, land, security and staging but requires careful negotiation. |
| When can it be reviewed or challenged? | Look for statutory review, appeal, modification, instalment or indexation provisions and the deadline for using them. |
A step-by-step liability check
- Map the authority. Record the country or state, council or planning authority, parcel address and the officer or portal responsible for contributions.
- Classify the development. Note proposed and existing floorspace, dwelling count, subdivision lots, use changes, extensions, annexes, staging and whether the applicant is a homeowner or commercial developer.
- Collect the current instruments. Download or request the adopted charging schedule, development contributions plan, infrastructure contributions plan, local contributions plan, infrastructure funding statement or register, and any state mechanism that could apply.
- Check the calculation date. Identify the rate year, indexation index, valuation date, development-cost definition and whether the amount is fixed at permission, commencement, subdivision, building approval or another trigger.
- Test exemptions and relief. Verify thresholds, existing-use credit, affordable-housing or charitable relief, self-build rules, annex or extension provisions, and every notice or application that must be lodged before work starts.
- Read the permission and instrument together. List each condition, levy, obligation, agreement, bond, security, land transfer and work item. Record the party responsible and the event that releases or activates it.
- Ask for a written project calculation. Give the authority the plans, areas, dwelling schedule and staging. Ask it to identify the legal basis for each item and whether payments can be staged or works supplied in kind.
- Reconcile the transaction. For a purchase, refinance or sale, check the register, completion documents and authority records for outstanding obligations, unpaid levies, notices, securities or obligations that run with the land.
Documents builders and homeowners should retain
- the planning application and approved plans used for the calculation;
- the decision notice and all approved amendments;
- the current charging schedule or contribution plan and the version date;
- the levy notice, calculation sheet and indexation evidence;
- the signed deed, unilateral undertaking or planning agreement;
- records of payment, bonds, bank guarantees, land transfers and works completion;
- authority correspondence confirming relief, discharge, modification or satisfaction; and
- the relevant register or infrastructure funding statement checked at the date of the transaction.
Keep the documents with the property file. Obligations can run with land, and a later owner may need evidence that a payment was made or a work was accepted.
Worked decision examples
Home extension in England
Start by checking whether the local authority has an applicable CIL schedule and how it treats additional floorspace, existing-use credit and residential extensions. Separately review the section 106 position: English guidance says an obligation should not be sought for development consisting only of a residential annex or extension to an existing home. Obtain the authority’s written view on CIL and every other consent before commencement; do not infer that the section 106 statement answers the CIL question.
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Identify the planning scheme and development contributions plan for the site, then determine whether development infrastructure, community infrastructure or an infrastructure contributions plan applies. Use the plan’s dwelling and area definitions and the indexed rate for the relevant year. The A$1,590 2026–27 maximum is only the Victorian guidance cap for the community infrastructure levy per dwelling; it does not replace the site-specific plan calculation.
Commercial redevelopment in NSW
Ask the council whether the site is subject to a section 7.11 plan, a section 7.12 percentage, a planning agreement or a state contribution. For section 7.12, confirm the adopted percentage and the authority’s estimated development-cost method; the 1% figure stated for most areas is a maximum, not a quote. For a planning agreement, price the proposed works, land, security and staging rather than treating the agreement as a simple percentage.
Request the authority’s evidence of the development’s effect and the mitigation link. Under Circular 4/2025, an obligation should not simply cure an old deficiency unless the proposal worsens it to a non-trivial degree and a proportionate contribution can be justified. Ask a qualified local planning adviser or property solicitor to review the file when the project involves a large subdivision, a planning agreement, multiple authorities, land or works in kind, an unusual use, a disputed nexus, a change of permission, or a sale with an outstanding obligation. Professional advice is also sensible when the amount is material to viability or when a missed notice could remove relief. Give the adviser the approved plans, calculation, plan version, decision notice, agreement, payment records and authority correspondence. The useful question is not simply “What is the levy?” but “Which legal mechanism applies, how was it calculated, when is it payable, what can change it, and what evidence proves discharge?” Free tools Windows power users keep installed One-click scans. No signup required. Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.Common mistakes and how to avoid them
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