Community Infrastructure Levy

The Community Infrastructure Levy (the levy or CIL) allows local planning authorities to raise funds from developers which carry out new building projects in their area. The funds raised go towards infrastructure which is needed to support the growth of the district, such as schools and transport improvements.

The CIL is applied as a charge on each square metre of new building and will be payable by most residential and retail developments in Tandridge. It replaces a number of existing Section 106 contributions – the system previously used to secure funds. Planning obligations will continue to be used for the provision of affordable housing and site-specific requirements.

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The following types of planning applications are liable for CIL:

  • A new dwelling.
  • All residential and convenience based retail development containing at least 100 metres of new build (extra floor space).
  • The conversion of a building to residential or convenience based retail that is no longer in lawful use.

For more detail please read our guidance note 'Is development liable for CIL?' 

If you are uncertain whether your proposal is liable for CIL, please submit a completed CIL Additional Information Form with your planning application.

Eligible developments which have received planning permission from 1 December 2014 pay the charges outlined in the CIL Charging Schedule. The CIL Calculation Tool can help you work out the potential charge. You must pay the CIL, which is a non-negotiable amount. If you don't you may be fined and/or have any agreement to pay be instalments withdrawn. Relief is available in certain circumstances.

Indexation applies annually whereby the base year is the index figure for the calendar year in which the charging schedule took effect (Dec 2014) calculated in a formula for the calendar year in which planning permission was granted. The index is the RICS (Royal Institution of Chartered Surveyors) all-in tender price index. Visit the RICS website for more information on CIL indexation.

The information provided in the calculation tool may be subject to claiming lawful use or relief and that indexation may increase by the time of the planning decision.

Annual CIL rate summary 2020

The CIL process is explained in our process for applicants. If your application is liable for CIL, please submit the following forms and plans with it:

Our CIL Frequently Asked Questions provides additional information.

The CIL Liability Calculation tool can help you work out the potential charge.

In certain circumstances we can give relief from paying CIL. People who are an owner of a material interest in the relevant land can claim relief. A material interest is a freehold interest, or a leasehold interest which expires more than seven years after the date on which planning permission first allows development. The following forms of relief are available and the relevant forms must be submitted to claim any relief:

  • Charitable relief
  • Social housing relief
  • Self build exemption for a whole house
  • Self build exemption for a residential annexe or extension

Relief due to COVID-19

The Community Infrastructure Levy (Coronavirus) (Amendment) (England) Regulations 2020 are a temporary measure in response to the economic impact of COVID-19.

These Regulations came into effect on 22 July 2020 and will remain in effect until 31 July 2021. The measures to defer CIL payments and disapply late payment interest only apply to CIL payments that are payable between 22 July 2020 and 31 July 2021. This applies to individuals, small and medium sized developers only, with an annual turnover of less than £45 million who are experiencing financial difficulties because of the effect of coronavirus.

You can request that a CIL payment is deferred for a maximum of six months by completing the CIL Deferral Request Application Form. If the Deferral Request is granted and the end of the six month period falls before 31 July 2021 a further request may be made for deferral by the developer.

The Deferral Request should be submitted no earlier than 14 days before the CIL payment is due. We can request further information which should be provided within 14 days. The Council has 40 days within which to grant or refuse the Deferral Request. We may grant a deferral for no more than six months from the date the Deferral Request was received. If the Deferral Request is refused the developer has seven days from date of refusal to make the CIL payment. There is no right of appeal against a refusal.

View the full guidance (currently refers to draft guidance until updated by government but is correct for the new legislation).

With any Deferral Request, you must provide the following evidence:

  • A copy of the relevant CIL Demand Notice.
  • Evidence confirming an annual turnover of less than £45 million. This can include:
    • A declaration from a responsible person or organisation, such as a chartered accountant or auditor. This can set out what the turnover is and whether the business meets the criteria of sole enterprise or is part of a linked business or has partners.
    • Information provided to Companies House including the company’s confirmation statement (annual return).
  • Evidence confirming financial difficulties are being experienced as a result of the effects of Coronavirus

The CIL Team will undertake the following:

  1. Consider the Deferral Request as soon as practicable after it is received.
  2. If necessary, request evidence to ensure compliance with the conditions that apply to the Deferral Request.
  3. Must grant or refuse to grant in writing that request as soon as practicable, and in any event before the end of the period of 40 days beginning with the day the Council receives such a request.

What happens once a decision is made?

  1. Where a Deferral Request is granted a revised CIL Liability Notice and Demand Notice will be issued with amended details and payment due date.
  2. Where a Deferral Request is refused the Applicant / Agent will be advised and payment of the original CIL Demand Notice will be required within seven days.

To find out more about Deferral Request Applications or request an application form contact the CIL team.

You can appeal against our CIL decision. This must be done within 60 days of the Liability Notice being issued and can only be made after you have formally asked us to recalculate the CIL amount. The Planning Portal provides details on CIL Appeals.

On the 12 July 2018, the Council updated their CIL bidding process. Infrastructure providers should complete the form below, making sure that there have read the guidance setting out how applications will be validated and then scored. All valid applications will be taken to the CIL Committee for them to agree the outcome and whether an application has been successful. 

Infrastructure providers and the Council should be in regular contact to ensure that there is regular update on the progression of bids. 

Validation checklist and weighting criteria.

CIL bid form

We allow CIL to be paid in three instalments, linked to the amount payable recorded in the Demand Notice and set out in the CIL Instalment Policy.

Our Planning Obligations and CIL Guidance explains the council’s position on planning obligations, S106 Agreements and CIL.

To access Section 106 Agreements, please search for the planning application using the planning application number from the list of Section 106 Agreements. Then click on the planning application and view documents. The S106 Agreement is titled Planning Agreement – Main.

Please submit your application using the Planning Portal as this will ensure you are using the up to date CIL forms. The table below lists the forms available, so please check which ones you need and the guidance carefully before going to the Planning Portal using the links provided.

There are statutory forms which need to be submitted, as well as optional forms to claim relief. All CIL liable applications must be submitted with the Additional Information form 0 and the Assumption of Liability form 1.

Please keep a copy of your submitted form, please do provide full contact details, including e-mail addresses, for both the agent and the applicant.

If you want to estimate your CIL costs there is a calculation tool you can use. This is for your own estimate purposes only and may vary from the actual charge.

If you cannot find the CIL Form please contact customer services.

Forms for use from 1 September 2019 Guide for applicants Requirements
CIL calculation tool 2019 A calculation tool for applicants to get an estimate of CIL costs. This is for guidance purposes only. You are not required to submit the CIL calculation tool at validation stage.
Form 1: Determining whether a development may be CIL Liable Planning Application additional information requirement form

Is development liable for CIL?

National guidance

All planning applications must include this form.

Form 2: Assumption of liability

This form is used to assume liability for the levy before development begins.

All planning applications must include this form.
Form 3: Withdrawal of assumption of liability A liable party should complete this form to request permission to relinquish liability for the levy in relation to a specified development. See Transfer of Assumed Liability. This form is not required for validation at planning application stage.
Form 4: Transfer of Assumed liability This form should be used to transfer liability for the levy and by the parties willing to assume the liability. This form is not required for validation at planning application stage.
Form 5: Notice of chargeable development

This form should be used by landowners to notify us they intend to start work on a development which does not need planning permission, but which may be liable for the levy (see regulation 64, as amended by the 2011 and 2014 Regulations, for details).
 

This form is required where a development does not need planning permission but may be liable for the levy.
Form 6: Notice of commencement of development This form should be used to notify us that work is starting on a development which is liable for the levy (see regulation 67 for details).

This is a mandatory CIL form.

It is not required at planning application validation.

Form 7: Self build exemption claim - part 1


If the self-build qualification requirements are met and the application process completed within the timescales, exemption will apply to anybody who is building their own home or has commissioned a home from a contractor, house builder or sub-contractor.

Individuals claiming the exemption must own the property and occupy it as their principal residence for a minimum of three years after the work is completed. 

Applicants wishing to apply for self-build exemption must complete this form. 
Form 7: Self build exemption claim - part 2

Following completion of the build, the Self Build Exemption Claim Form - Part 2 must be submitted, along with the additional supporting evidence described in form 7, within 6 months of the date of the Compliance Certificate.

This form follows part 1 and must be submitted within 6 months of completion of build.
Form 8: Residential Annex Exemption Claim

People who extend their own homes or erect residential annexes within the grounds of their own homes are exempt from the levy, provided they meet the criteria laid down in regulations 42A and 42B (inserted by the 2014 Regulations). We need Commencement Notices for exemptions for residential extensions and annexes.

Exemption relies on the following criteria:

  • The main dwelling must be the self builder’s principal residence and they must have a material interest in it as defined in regulation 4(2).
  • Residential annexes are exempt from the levy if they are built within the curtilage of the principal residence and comprise one new dwelling.

The annex must remain ancillary to the main dwelling for the three years following completion. There is no requirement for the occupier of the annex to be related to the owner of the main dwelling, or to commit to staying there for a specified period. 

Applicants who want to apply for residential annex exemption must complete this form. A commencement notice is also required.
Form 9: Residential Exemption Extension Claim

People who extend their own homes within their own grounds are exempt from the levy, provided they meet the criteria laid down in regulations 42A and 42B (inserted by the 2014 Regulations).

We need Commencement Notices for exemptions for residential extensions and annexes.

  • The main dwelling must be the self builder’s principal residence, and they must have a material interest in it as defined in regulation 4(2).
  • Residential extensions are exempt from the levy if they enlarge the principal residence under 100 sm and do not comprise an additional dwelling.
Applicants wishing to apply for residential extension exemption must complete this form. A commencement notice is also required.
Form 10: Charitable and/or Social Housing Relief Claim This form should be used to claim charitable relief and/or social housing relief prior to the commencement of development. Applicants wishing to apply for this type of relief must complete this form.
Form 11: Exceptional Circumstances Not currently available for use in the Tandridge district. This form has to be adopted locally by Charging Authorities.
Form 12: Charities & Social Housing To claim relief when the original development has alterations that change the extent of the relief granted. Please discuss this with the CIL department before applying.
Form 13: Further Exemption Further exemption claim for a self-build dwelling, residential annex or residential extension when the development is altered. Please discuss this with the CIL department before applying.
Form 14: Phase Credit To apply for a credit created in a separate phase of the same development. Please discuss this with the CIL department before applying.

 

National guidance

Gov.uk
National Planning Portal