What will I need to do?
It is very important to follow the correct CIL procedures. Challenging CIL at later stages is a complex and difficult process often because the CIL regulations support local authorities to take further action when the procedures set out below have not been performed:
All planning applications must be accompanied by the CIL Additional Information Requirement Form. This will enable us to assess if a development is CIL liable and to confirm your floorspace. If the information provided is not accurate and supported by other documentation this could affect your CIL liability. It is important to complete as accurately as possible.
You may also provide floorspace information on your Planning Statement, Design and Access Statement, Schedule Breakdown, and the floor plans. This can help speed up the process and provide clarity.
We will send you a 'Liability Notice' as soon as possible after planning permission is granted. This confirms the CIL calculation using the floor space information provided at the point of assessment/determination.
You should complete an Assumption of Liability Form and send it to us. The responsibility of sending this lies with all interested parties. Penalties can apply for failing to assume liability.
You must send us a Commencement Notice before you start works. Once we have received a valid 'Commencement Notice' we will send you a Demand Notice showing payment due in accordance with Brent CIL Instalments Policy
It’s very important to submit the Commencement Notice on time. If you fail to send the Commencement Notice there are even larger penalties, including loss of any Relief/Exemption, Appeals, Immediate payments due and surcharges.
Penalties and Enforcement (financial and) non-financial can result in court and possible imprisonment as per Part 9 of the Regulations. Further details are included under Paragraph: 060 Reference ID: 25-060-20140612 CIL Planning Practice Guidance.
What development will be liable for CIL?
Development may be liable for CIL in the following situations:
- If it involves new build of at least 100m2 gross internal area (GIA) floorspace except where a dwelling is being created, then new build floorspace is chargeable.
- If existing floorspace has not been ‘In use’ for at least 6 consecutive months of the last 3 years then this floorspace could also be chargeable.
- This includes development permitted by a 'general consent' (including permitted development).
Reliefs and Exemptions are possible for types of development which include the following:-
- social housing
- development for and occupied by a charity for charitable purposes
- residential development for and occupied by a self-builder
- extensions or annexes to dwelling houses for and occupied by the applicant as their sole or main residence
- development which is eligible for "Exceptional Circumstances Relief".
These reliefs and exemptions do not apply automatically and must be applied for prior to commencement. It is best practice to send such forms for determination well in advance of commencement so that there is no risk of losing such opportunity as decision has to be granted prior to commencement for this to apply and you must have confirmation from us before starting works.
The Government has published guidance on claiming relief for charities, social housing, self-build and in exceptional circumstances within the updated CIL Statutory Guidance.
Reviews and appeals
CIL is not negotiable; if you think that we have made a miscalculation there is a process of review and appeal. You must submit a request for a review in writing, within 28 days of the Liability Notice being issued and before you commence the development, to:
Planning and Regeneration
Brent Civic Centre
If you are still unhappy with the calculation following this review, you can appeal to Valuation Office Agency. This must be done within 60 days of the Liability Notice being issued and before you commence the development.