We are hoping to start our new build this year and the CIL is being implemented by our local authority. What I want to know is what constitutes commencement of development? Ideally, we would like to clear and level the site well in advance of starting the build but I’m worried that this could be the trigger point for the CIL. In an ideal world, I would like the answer to be when foundations are laid. Anybody know the answer?

  • Mark Brinkley

    As far as I understand, CIL goes with the planning permission and is not dependent on start dates. So that if your planners require CIL, it will be made clear with the permission, just as it has been with S106 agreements in the past. As for when the CIL is payable (if yours is designated a CIL site), again it should be made clear in the planning permission. As it’s all new, your local council may not have worked out the policy yet.

  • Simon Still

    The notice I got from Lambeth in London said –

    "Your recent planning permission is accompanied by a CIL Liability Notice. Please note a CIL Liability Notice is not a prompt for payment. CIL is due only on commencement of the development.

    Prior to implementation of development, it is important that someone comes forward to assume liability for CIL and submit an Assumption of Liability Notice which is attached to this letter. Additional surcharges are added on to the CIL liability if no-one comes forward to assume liability for CIL.

    Shortly before commencement of development, the party that has assumed liability must submit a commencement notice. There are further surcharges if development commences prior to submission of a commencement notice.

    Following receipt of a valid commencement notice from the liable party, a CIL Demand Notice is sent to the liable party afterwhich CIL is payable in 60 days from commencement of a planning permission. The CIL Demand Notice will include details of how payment of CIL can be made."

    I can’t find the source but I’m pretty sure I’ve been told/read that site clearance and preparation is not commencement. ie Foundations is probably the right answer.

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