The Community Infrastructure Levy (CIL) process

How to apply

Please see notes below for details of the CIL regulations – coronavirus amendment.

All applications will need to submit with their planning application:

  • CIL additional information form
  • Existing and proposed floor plans

If there is a CIL charge the following forms will also be required:

  • A completed copy of the planning contribution and CIL liability calculation sheet

  • Assumption of liability form

  • Calculations of any additional floor space

If planning permission is granted for a CIL liable application we will then issue a liability notice setting out how much CIL is payable, including indexation at the date planning permission was granted.

Before commencing development of a CIL liable scheme you must submit the following:

  • Assumption of liability form

  • Commencement notice – this sets out the date that development will commence. As set out in the CIL Regulations, failure to submit a prior CIL commencement notice will invalidate any exemption or relief granted and will also require payment in full immediately

  • Relevant exemption form. You must wait for a letter confirming that any claim has been granted before commencing work

For the avoidance of doubt, commencement of demolition of an existing structure (s) covering any part of the footprint of the proposed structure (s) would be considered as commencement.

Planning liability forms

Please note: you will need to open the excel spreadsheet, select ‘Enable Editing’ then ‘Enable Content’, and save a copy before completing.

All other forms can be found on the Planning Portal site:

  • Form 1: Assumption of liability notice

  • Form 2: Claiming exemption or relief

  • Form 3: Withdrawal of assumption of liability

  • Form 4: Transfer of assumed liability

  • Form 5: Notice of chargeable development

  • Form 6: Commencement notice

  • Form 7: Self build exemption claim form - Part 1

  • Form 7: Self build exemption claim form - Part 2. To be submitted within six months of completing the home. Please note that if this evidence is not submitted to the Council within six months, the full levy becomes payable.

  • Form 8: Self build residential annex exemption claim form

  • Form 9: Self build residential extension exemption claim form

  • CIL Additional information form – to submit with planning application

All completed forms should be returned via email to: tplan@elmbridge.gov.uk

Paying CIL

Once development commences we will issue a demand notice for payment.

Our instalment policy is as follows:

  • CIL of under £12,500 due at 90 days after commencement

  • CIL of between £12,500 and £50,000 two equal instalments at 90 and 180 days after commencement

  • CIL of over £50,000 three equal instalments at 90, 180 and 270 days after commencement

Details of how to pay will be included with the demand notice.

If you fail to make the required CIL payment or to complete the required forms at the correct point in the process, you may be liable to enforcement action which could result in the loss of any exemption, additional surcharges or interest and/or prosecution. CIL liability is held as a charge on land. If CIL is not paid you may have difficulty selling your land or property.

Appeals can be lodged against elements of the CIL collection process. You can appeal against the decision reached relating to your CIL liability. Appeals must be made within 60 days of the liability notice being issued and appeals can only be made after a formal request to recalculate the CIL amount. See guidance note below for further detail.

CIL appeals guidance note 

CIL regulations - Coronavirus amendment

To help small and medium size developers government amended the CIL regulations on 22 July 2020. The Community Infrastructure Levy (Coronavirus) (Amendment) (England) Regulations 2020 gives authorities more discretion to defer CIL payments and disapply some late payment interest.

View the Community Infrastructure Levy (Coronavirus) (Amendment) (England) Regulations 2020.

Small and medium size developers can request a deferral of a CIL payment that is due for payment in the period from 22 July 2020 to 31 July 2021.  The collecting authority will have up to 40 days to determine any request made. If approved, the payment can be deferred by up to 6 months.

During the period when the collecting authority is considering a request for a deferral of a payment, no surcharge for late payment under regulation 85 of the CIL regulations or late payment interest under regulation 87 of the CIL regulations will be imposed.

If late payment interest has accrued on an amount of CIL which is subject to a request for a deferral of a payment made by the developer, and that late interest accrued on a day falling within the period beginning 21 March 2020 and ending with the day before the collecting authority receives that deferral request, then the developer may request that the collecting authority credits the interest accrued against the CIL due. 

Who can submit a request?

Requests can be submitted by a person

  • has annual turnover not exceeding £45,000,000,
  • has been served with a demand notice by the collecting authority,
  • is required to pay an amount of CIL in respect of a chargeable amount (whether by instalments or otherwise) during the period 22 July 2020 to 31 July 2021, and
  • is experiencing financial difficulties for reasons connected to the effects of Coronavirus resulting in difficulties paying the amount.

When can I submit a request?

A request to defer a payment must be submitted to the collecting authority

  • no more than 14 days before, or
  • on or as soon as practicable after the day payment of the CIL amount is due.

How do I submit a request?

To submit a request, you must complete a Deferral of payment and a Credit of interest (if applicable) request.

Once completed your request(s) should be e-mailed to cil@elmbridge.gov.uk. You can still post or deliver documents to Planning Services at Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey, KT10 9SD but due to COVID-19 restrictions only a limited number of staff are working in the Civic Centre. Therefore, you should telephone 01372 474815 to inform CIL staff that hard copies of documents will be arriving at the Civic Centre.

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