The Community Infrastructure Levy Regulations 2010

Type Statutory-Instrument
Publication 2010-03-23
Last updated 2026-03-25
State In force
Department King's Printer of Acts of Parliament
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articles Not indexed
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[^key-78e2f0a760dd93e94c7b2e729b2afc43]: Words in reg. 95(1) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 8(1) (with regs. 1(4), 13)

[^V_W_7350596f-6f9d-7c64-7f84-57873090b3db]: Reg. 98 in force at 6.4.2010, see reg. 1

[^key-b80f7fe28301054239409250b1f2870e]: Reg. 98 substituted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 8(2) (with regs. 1(4), 13)

[^M_E_c0185dea-1038-448d-e942-2d7b170c3ab5]: This version of this provision applies to England only; a separate version has been created for Wales only

[^M_E_380522cf-62f3-474b-d0d3-75787d71b374]: This version of this provision applies to Wales only; a separate version has been created for England only

[^key-8445bc6de4703912e1c8d09c4bea0962]: Reg. 99 omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 8(3) (with regs. 1(4), 13)

[^key-d3a35a6b532d0812eeaab8c2434e5e03]: Reg. 100(1)(b) substituted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 8(4)(a) (with regs. 1(4), 13)

[^key-39908445cd521416433b4c66af9abe96]: Reg. 100(4)(a) substituted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 8(4)(b) (with regs. 1(4), 13)

[^key-02fe63391be629fbceceb38312d99c06]: Reg. 100(7)(a) substituted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 8(4)(c) (with regs. 1(4), 13)

[^key-a9a84f2abfdaa68fb0fc79b1a80fd95a]: Words in reg. 101(2) substituted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 8(5) (with regs. 1(4), 13)

[^key-fec7ceb910a14aa9685ecb89e148b56b]: Word in reg. 102(4) omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 8(6)(b) (with regs. 1(4), 13)

[^key-a1ddbde3f41362ce35dade5bea817615]: Reg. 122(2A) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 10(b) (with regs. 1(5), 13)

[^key-dbfbd69362a8844bb4d1e9800d7a740d]: Words in reg. 122(2) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 10(a) (with regs. 1(5), 13)

[^key-fd96c7524a952e0878e2edf3068107bb]: Reg. 123 omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 11 (with reg. 13)

[^key-8842e49943ad98d4f3a9f9308da121b1]: Reg. 128(1)(2) substituted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 5(10) (with regs. 1(3), 13)

[^key-4aa9a53de9bf1210ad0e7c571895cf28]: Reg. 128A omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 5(11) (with regs. 1(3), 13)

[^key-3de1b684a119217d217bf5800a4a54cb]: Reg. 102(3) omitted (6.4.2020) by virtue of The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 13 (with reg. 4)

[^key-48416a4d46b5aeb1178c5ef80e178e63]: Regs. 72A-72C inserted (E.) (22.7.2020) by The Community Infrastructure Levy (Coronavirus) (Amendment) (England) Regulations 2020 (S.I. 2020/781), regs. 1(1), 3

[^key-9b30204c9bae1c4effa8912c57830153]: Words in reg. 2(1) inserted (E.) (16.11.2020) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020 (S.I. 2020/1226), regs. 1(2), 3(a)

[^key-c602c4a630117f5f109a3acbef0d0cf4]: Words in reg. 2(1) inserted (E.) (16.11.2020) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020 (S.I. 2020/1226), regs. 1(2), 3(b)

[^key-9897fa012941a6b3d939e2421273e670]: Words in reg. 2(1) inserted (E.) (16.11.2020) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020 (S.I. 2020/1226), regs. 1(2), 3(c)

[^key-cb0d7aff07f623f8532869cc841c3c8f]: Word in reg. 49(2) substituted (16.11.2020) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020 (S.I. 2020/1226), regs. 1(2), 4(a)

[^key-9beae24ed807e80ef000e0b07b64b235]: Reg. 49(7B) inserted (16.11.2020) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020 (S.I. 2020/1226), regs. 1(2), 4(b)

[^key-e92a66d0c6b4e67a29738b858ca94b0b]: Reg. 49A(2) substituted (E.) (16.11.2020) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020 (S.I. 2020/1226), regs. 1(2), 5

[^key-997d1f75bc4bd6a6527fb0e8fb5b6afe]: Reg. 53(3)(da) inserted (E.) (16.11.2020) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020 (S.I. 2020/1226), regs. 1(2), 6(b)

[^key-fb3b0cf2f3cf4e3091a3cecf61024e0b]: Word in reg. 53(3)(d) omitted (E.) (16.11.2020) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020 (S.I. 2020/1226), regs. 1(2), 6(a)

[^key-2eb0725e442f358602c41d82c94267a7]: Words in reg. 2(1) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(2) (with Sch. 3)

[^key-fe86abad3389e0cbd0c99f6bbddc7915]: Words in reg. 41(1) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(3)(a) (with Sch. 3)

[^key-8ec5606ac4c3cd7e301431aceb0f8cfc]: Words in reg. 41(2) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(3)(b) (with Sch. 3)

[^key-ee3d0ec45f8d0d1403a06a6a1f86ff09]: Words in reg. 42A(1) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(4)(a) (with Sch. 3)

[^key-7f972b9a2a46ffb08590a0358f43d2b1]: Reg. 42A(5) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(4)(b) (with Sch. 3)

[^key-510d5d62f204c91e55780b8ce6a29aaf]: Reg. 42A(6) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(4)(b) (with Sch. 3)

[^key-8eb7693544133d8bc0ddaf83cd8f7f5a]: Words in reg. 42B(4) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(5) (with Sch. 3)

[^key-9ca68605bdb65ed24a307ee0ebc8d017]: Reg. 42C(3)(b) and word omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(6) (with Sch. 3)

[^key-afa471c941174ce0208efc817554b80b]: Word in reg. 43(2) inserted (31.12.2020) by The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(7)(a) (with Sch. 3)

[^key-922babede53c40b839110d19d547a53b]: Reg. 43(2)(c) and word omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(7)(b) (with Sch. 3)

[^key-49c9e2b0b5b103acc6e7792404ec6265]: Reg. 44(5) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(8) (with Sch. 3)

[^key-07cfa7a9bafaa655bc95f52177e4df50]: Reg. 45 omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(9) (with Sch. 3)

[^key-10fbf9c170c7c054c55fce864d458d9b]: Words in reg. 46(1)(a)(i) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(10)(a) (with Sch. 3)

[^key-15124f06b65fa3f5b0e7e8a140e4af56]: Words in reg. 46(2)(a)(i) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(10)(b) (with Sch. 3)

[^key-b9801591ac82ea8b36f3c9d72339d5ae]: Words in reg. 54A(1) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(11)(a) (with Sch. 3)

[^key-3ca4cc98a357a4d33766ffba5739bd4b]: Reg. 54A(10) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(11)(b) (with Sch. 3)

[^key-9bfe2c977aabcb87c0756607c8112654]: Reg. 54A(11) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(11)(b) (with Sch. 3)

[^key-c00883fd4cc9e0a8c89030a992e39418]: Words in reg. 54B(4) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(12) (with Sch. 3)

[^key-1a6fb39230268b18d3ff068cc8919a9b]: Reg. 54D(3)(b) and word omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(13) (with Sch. 3)

[^key-e601268db4dcc93c1e45c8fc65a8f777]: Reg. 55(3)(c)(iii) and word omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(14) (with Sch. 3)

[^key-60521f0381e38eac56dee90703c6903d]: Words in reg. 60(7A) substituted (E.) (17.3.2021) by The Community Infrastructure Levy (Amendment) (England) Regulations 2021 (S.I. 2021/337), regs. 1(1), 2(2)

[^key-d598af7c4bd0839b3a0a6ae2e6aabe29]: Words in reg. 49(3)(a) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 27(a)

[^key-23c22726f84a4391c1ae9e9af176097b]: Words in reg. 49(3)(b) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 27(b)

[^key-3f4e53296b5b43475798c3c3583606f5]: Words in reg. 49(3)(c) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 27(c)

[^key-1fc143e8558d36fc99c0b7ee39fdf06b]: Reg. 49(7)(a)(i) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 27(d)

[^key-50c7ac91b45c3e8c6c88cd6df550bdb1]: Reg. 49(7)(a)(ii) omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 27(e)

[^key-797221b651e31fa129e28f8a21e5858c]: Reg. 49(7)(a)(iii) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 27(f)

[^key-7c45ee688a7759b5501119008f850e8c]: Reg. 49(7)(a)(iv) omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 27(g)

[^key-4c9ca90db9565306b7b2add0b25ad53e]: Words in reg. 49(7A)(a)(i) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 27(h)

[^key-7da93e24a0fd28d5dff218e7afa3d1eb]: Words in reg. 49(11) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 27(i)

[^key-fb1698daa61266af70071073f8d0c749]: Word in reg. 2(1) omitted (E.) (1.10.2023) by virtue of The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 64(2)(a) (with Sch. 3 Pt. 1)

[^key-1d01a25f21655752bf5b1412efded680]: Word in reg. 2(1) omitted (E.) (1.10.2023) by virtue of The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 64(2)(b) (with Sch. 3 Pt. 1)

[^key-8554aa0d14d27ece61788629907abcbe]: Words in reg. 2(1) inserted (E.) (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 64(2)(b) (with Sch. 3 Pt. 1)

[^key-06951eb30f62f6b6122943f345e8c3e4]: Reg. 6 modified (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), arts. 1, 10(1) (with art. 44, Sch. 15)

[^key-bc1196e2fe758e8257c33f68f90a3977]: Reg. 6 modified (3.8.2024) by The Gate Burton Energy Park Order 2024 (S.I. 2024/807), arts. 1, 6(3) (with art. 45, Sch. 14)

[^key-e6efb3a5cc2698945e91583635e0ff20]: Reg. 6 modified (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), arts. 1, 9 (with art. 40, Sch. 14)

[^key-9883d18364cffe75e7b6f3b4a2faca44]: Word in reg. 5(1)(b) inserted (E.) (1.5.2025) by The Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025 (S.I. 2025/433), regs. 1(2), 2(2)(a)

[^key-a22a12c20217af3e1217f7e096ffaee5]: Words in reg. 5(1)(b) substituted (E.) (1.5.2025) by The Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025 (S.I. 2025/433), regs. 1(2), 2(2)(b)

[^key-65738f8b0dd96e7b5c95437dca2dac58]: Words in reg. 5(1)(b) inserted (E.) (1.5.2025) by The Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025 (S.I. 2025/433), regs. 1(2), 2(2)(c)

[^key-d63b2bb939120b745aa214d8505d568e]: Words in reg. 122(3) inserted (E.) (1.5.2025) by The Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025 (S.I. 2025/433), regs. 1(2), 2(3)(a)

[^key-e9125e825697b58679ea4e4262039c21]: Words in reg. 122(3) substituted (E.) (1.5.2025) by The Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025 (S.I. 2025/433), regs. 1(2), 2(3)(b)

[^key-0a71c0756d8cc62df0b8d4d84859535a]: Reg. 6 modified (5.11.2025) by The Tillbridge Solar Order 2025 (S.I. 2025/1105), arts. 1, 6(5) (with art. 49, Sch. 15)

[^key-8ed094acd5057216415c6491828a9754]: Words in reg. 22(2)(a) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 11(a)(i)

[^key-58cc6aa9db8758071a6f932659776bb2]: Words in reg. 22(2)(a) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 11(a)(ii)

[^key-e0d6b0238641f455891018c495ea7644]: Words in reg. 22(7) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 11(b)

Preparation and service of notice of chargeable development by collecting authority

64A
  • (1) This regulation applies where—
  • (a) planning permission for a development is granted by way of a general consent;
  • (b) no notice of chargeable development has been submitted to the collecting authority under regulation 64(2) in respect of that development; and
  • (c) the collecting authority is of the view that—
  • (i) the development has been commenced; and
  • (ii) in relation to the development—
  • (aa) the exemption conferred by regulation 42 does not apply; or
  • (bb) the exemption for residential extensions does not reduce the CIL liability to zero.
  • (2) The collecting authority must prepare a notice of chargeable development which—
  • (a) is in writing on a form published by the Secretary of State (or a form to substantially the same effect);
  • (b) includes the particulars specified or referred to in the form; and
  • (c) is accompanied by a plan which identifies—
  • (i) the land to which the notice relates;
  • (ii) the building which is the subject of the notice;
  • (iii) where the collecting authority has sufficient information to do so, any building that is relevant for the purpose of calculating E or KR under regulation 40 and Schedule 1.
  • (3) The collecting authority must serve the notice of chargeable development on each person known to the authority as an owner of the relevant land, together with the liability notice served under regulation 65(3).

Liability notice

Local land charges

Commencement notice

Deemed commencement of chargeable development

Demand notice

Suspension of demand notice

69A
  • (1) A person (P) who has been served with a demand notice under regulation 69(1) may request the collecting authority to make a declaration that P is not required to pay the amount of CIL stated in the demand notice until works which are part of the chargeable development are commenced on the land in which P has a material interest.
  • (2) A request under paragraph (1) must be made in writing and include sufficient particulars to enable the collecting authority to decide whether it is satisfied as to the matters described in paragraph (3)(a) to (e).
  • (3) The collecting authority must make a declaration under paragraph (1) if it is satisfied that—
  • (a) P’s liability under the demand notice arises because that liability has been apportioned to P under regulation 33(2) or 36(4)(b);
  • (b) no works which are part of the chargeable development have been commenced on the land in which P has a material interest;
  • (c) P has not agreed that any works which are part of the chargeable development may be commenced on the land in which P has a material interest;
  • (d) P has not agreed, in a contract enforceable under section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, to transfer all or any part of P’s material interest in the land to any other person; and
  • (e) in all the circumstances of the case it is reasonable that P is not required to pay the amount of CIL stated in the demand notice until works which are part of the chargeable development are commenced on the land in which P has a material interest.
  • (4) Where a declaration is made under paragraph (1)—
  • (a) P shall not be liable for any late interest payment under regulation 87 (late payment interest);
  • (b) no measures to recover CIL under Chapter 3 of Part 9 (recovery of CIL) may be taken against P; and
  • (c) no measures to recover CIL under Chapter 4 of Part 9 (other enforcement provisions) may be taken against P’s executor or administrator,

until a demand notice is issued under paragraph (6) or (7).

  • (5) Where—
  • (a) a declaration is made under paragraph (1); and
  • (b) works which are part of the chargeable development are subsequently commenced on the land in which P has a material interest,

P must notify the collecting authority in writing no later than the day before the day on which the works are commenced that the works are being commenced.

  • (6) Where a collecting authority —
  • (a) receives notice under paragraph (5), or
  • (b) has not received notice under paragraph (5), but is of the view that works which are part of the chargeable development have been commenced on the land,

it must serve a demand notice on P.

  • (7) Where a collecting authority is of the view that P has agreed, in a contract enforceable under section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, to transfer all or any part of P’s material interest in the land to any other person, it must serve a demand notice on that person.
  • (8) Where a collecting authority serves a demand notice on P under paragraph (6)(b), the charging authority may impose a surcharge equal to 20 per cent of the chargeable amount payable by P or £2500, whichever is the lower amount.
  • (9) A demand notice served under paragraph (6) or (7) must comply with the requirements of regulation 69(2).

Instalment policies

69B
  • (1) A charging authority which wishes to allow persons liable to pay CIL to do so by instalments must publish on its website an instalment policy containing only the information described in paragraph (2) (“the instalment policy”).
  • (2) The instalment policy must state—
  • (a) the date on which it takes effect, which must be no earlier than the day after the instalment policy is published on the website;
  • (b) the number of instalment payments;
  • (c) the amount or proportion of CIL payable in any instalment;
  • (d) the time (to be calculated from the date the development is commenced) that the first instalment payment is due, and the time that any subsequent instalment payments are due; and
  • (e) any minimum amount of CIL below which CIL may not be paid by instalment.
  • (3) The charging authority must—
  • (a) make the instalment policy available for inspection—
  • (i) at its principal office, and
  • (ii) at such other places within its area as it considers appropriate; and
  • (b) send a copy of the instalment policy to the collecting authority (if it is not the charging authority).
  • (4) Subject to paragraph (5), a charging authority may bring into effect a new instalment policy at any time; any new instalment policy must comply with paragraphs (1) to (3).
  • (5) A new instalment policy may not take effect earlier than the period of 28 days beginning with the date on which the previous instalment policy took effect.
  • (6) A charging authority which no longer wishes to have an instalment policy must—
  • (a) publish on its website a notice stating the date on which the instalment policy shall cease to have effect;
  • (b) make the notice available for inspection—
  • (i) at its principal office, and
  • (ii) at such other places within its area as it considers appropriate; and
  • (c) send a copy of the notice to the collecting authority (if it is not the charging authority).
  • (7) The date mentioned in paragraph (6)(a) must be no earlier than the period of 28 days beginning with the date on which the instalment policy came into effect.

Payment periods

Payment in full

Payment: general

Payment in kind

Payment in kind: further provision

Overpayment

Payments to charging authorities

Duty to supply information to collecting authority

Requests for information by collecting authority

Use of information by collecting authority

Power to require information

108A

A collecting authority may require any owner of a material interest in any relevant land to provide it with such further information, documents or materials as the collecting authority considers relevant to assist it to ascertain whether a notice of chargeable development must be submitted under regulation 64(2).

Powers of entry

Offence for supplying false information

Prosecution of CIL offences

Abatement

74A
  • (1) This regulation applies where—
  • (a) CIL has been paid in respect of a chargeable development;
  • (b) a new planning permission is later granted in relation to that development under section 73 of TCPA 1990; and
  • (c) the collecting authority has issued a new or revised liability notice in respect of that development because the chargeable amount has changed.
  • (2) Where this regulation applies a person liable to pay CIL for that chargeable development may request that the charging authority credits the CIL already paid against the amount due under the new or revised liability notice.
  • (3) To be valid a request under paragraph (2) must be accompanied by proof of the amount of CIL that has already been paid.
  • (4) The charging authority must grant any valid request made under paragraph (2).

Overpayment

Payments to charging authorities

Duty to supply information to collecting authority

Requests for information by collecting authority

Use of information by collecting authority

Transitional provision: section 73 of TCPA 1990 applications

128A
  • (1) Where all the criteria set out in paragraph (2) are satisfied by a development, paragraphs (3) to (6) shall apply.
  • (2) The criteria are—
  • (a) on the day planning permission (A) is granted in relation to the development, the development is situated in an area in which a charging authority has no charging schedule in effect;
  • (b) a new planning permission (B) is later granted in relation to the development under section 73 of TCPA 1990; and
  • (c) on the day B is granted, the development is situated in an area in which that charging authority has a charging schedule in effect.
  • (3) Liability to CIL shall arise in respect of the development, and the amount of CIL payable (“chargeable amount”) shall be—

$$X−Y$where—Xthe chargeable amount for the development for which B was granted, calculated in accordance with regulation 40; andYthe amount, calculated in accordance with regulation 40, that would have been the chargeable amount for the development for which A was granted, if A first permitted development on the same day as B.$

  • (4) For the purposes of calculating Y, regulation 40 applies as if—
  • (a) the index figure (Ip) for A were the index figure for the year in which B was granted;
  • (b) a reference to a relevant charging schedule were a reference to the charging schedule which was in effect—
  • (i) at the time B first permits development; and
  • (ii) in the area in which the development will be situated.
  • (5) If Y is greater than or equal to X, the chargeable amount is deemed to be zero.
  • (6) Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.

Transitional provision: article 18(1) of DMPO applications

128B
  • (1) In this regulation “DMPO” means the Town and Country Planning (Development Management Procedure) (England) Order 2010.
  • (2) Where all the criteria set out in paragraph (3) are satisfied, paragraph (4) shall apply.
  • (3) The criteria are—
  • (a) on the day planning permission (A) is granted in relation to a development, the development is situated in an area in which a charging authority has no charging schedule in place;
  • (b) a new planning permission (B) is later granted in relation to the development;
  • (c) B is granted in accordance with regulation 18(1)(b) or (c) of DMPO (consultations before the grant of planning permission pursuant to section 73 or the grant of a replacement planning permission subject to a new time limit); and
  • (d) on the day B is granted, the development is situated in an area in which that charging authority has a charging schedule in effect.
  • (4) Other than this regulation these Regulations shall not apply in relation to that development.

Transitional provision: charging schedule ceases to have effect

Exercise of Part 3 functions in anticipation that an MDC will be established

11A

Where—

  • (a) the Mayor has complied with the requirements of section 197(3)(a) to (e) of the Localism Act 2011 in relation to any proposed Mayoral development corporation;
  • (b) the time period described in section 197(3)(f) of that Act has expired without the London Assembly having rejected the proposal; and
  • (c) the Mayor intends that the proposed Mayoral development corporation will become the charging authority for its area under section 206(2) and (5)(a) of PA 2008,

the Mayor may, until that proposed Mayoral development corporation becomes the charging authority for its area, carry out the functions of a charging authority under regulations 12 (format and content of charging schedules) to 23 (publication of the examiner’s recommendations) on behalf of the proposed Mayoral development corporation.

Format and content of charging schedules

Differential rates

Setting rates

Consultation on a preliminary draft charging schedule

Publication of a draft charging schedule

Representations relating to a draft charging schedule

Withdrawal of a draft charging schedule

Submission of documents and information to the examiner

Consideration of representations by examiner

CIL examination: right to be heard

Joint examinations

Publication of the examiner’s recommendations

Correction of errors in examiner’s recommendations

Approval and publication of a charging schedule

Correction of errors in a charging schedule

Effect of correction of a charging schedule

Charging schedule: effect

Payment of fees and expenses of independent persons

Recovery of costs incurred by the Secretary of State

Interpretation of Part 7

58A

In this Part—

  • “acquired land” and “relevant purpose” have the same meaning as in regulation 73 (payment in kind);
  • “CIL expenditure” includes—the value of any acquired land on which development (within the meaning in TCPA 1990) consistent with a relevant purpose has been commenced or completed, andCIL receipts transferred by a charging authority to another person to spend on infrastructure (including money transferred to such a person which it has not yet spent);
  • “CIL receipts” means—for a charging authority—CIL collected by that authority (including the value of any acquired land), but does not include CIL collected on behalf of the charging authority by another public authority but which that authority has not yet paid to the charging authority; andCIL recovered by that authority in accordance with regulation 59D, but does not include CIL not yet paid to the charging authority by the local council;for a local council, CIL passed to it under regulations 59(4), 59A(2) or 59B, but does not include funds not yet paid to the local council by the charging authority in accordance with regulation 59D.
  • “dwelling” has the meaning given in section 3 of the Local Government Finance Act 1992;
  • “$IA$” means the index figure for the year in which CIL is passed to the local council;
  • “index figure” has the same meaning as in regulation 40(6) (calculation of chargeable amount);
  • “local council” means—in England, a parish council;in Wales, a community council; and
  • “neighbourhood development plan” has the same meaning as in section 38A of the Planning and Compulsory Purchase Act 2004.

Application to infrastructure

Duty to pass CIL to local councils

59A
  • (1) This regulation applies to that part of a chargeable development within the area of a local council.
  • (2) Subject to paragraph (12) and regulation 59E(5) a charging authority, other than the Mayor, must pass to every local council within its area a proportion of CIL receipts calculated in accordance with this regulation and regulation 59B.
  • (3) In England, where all or part of a chargeable development is within an area that has a neighbourhood development plan in place the charging authority must pass 25 per cent of the relevant CIL receipts to the parish council for that area.
  • (4) In England, where all or part of a chargeable development—
  • (a) is not in an area that has a neighbourhood development plan in place; and
  • (b) was granted permission by a neighbourhood development order made under section 61E or 61Q (community right to build orders) of TCPA 1990,

the charging authority must pass 25 per cent of the relevant CIL receipts to the parish council for that area.

  • (5) In England, where all or part of a chargeable development—
  • (a) is not in an area that has a neighbourhood development plan in place; and
  • (b) was not granted planning permission by a neighbourhood development order made under section 61E or 61Q (including a community right to build orders) of TCPA 1990,

then, subject to paragraph (7), the charging authority must pass 15 per cent of the relevant CIL receipts to the parish council for that area.

  • (6) In Wales, where all or part of a chargeable development is within the area of a community council then, subject to paragraph (7), the charging authority must pass 15 per cent of the relevant CIL receipts to that community council.
  • (7) The total amount of CIL receipts passed to a local council in accordance with paragraph (5) or (6) shall not exceed an amount equal to £100 per dwelling in the area of the local council multiplied by $IA$ in each financial year.
  • (7) The total amount of CIL receipts passed to a parish council in each financial year, in accordance with paragraph (5), shall not exceed—

$$£100×N×IyIo$where—IY is the index figure for the calendar year in which the amount is passed to the parish council (as determined in accordance with paragraph 1(5) of Schedule 1);IO is the index figure for 2013 (as determined in accordance with paragraph 1(5) of Schedule 1); andN is the number of dwellings in the area of the parish council.$

  • (8) In paragraphs (3) to (6) the relevant CIL receipts are the proportion of CIL received in relation to a development equal to the proportion of the gross internal area of the development that is relevant development in the relevant area of the local council.
  • (9) In paragraph (8), the relevant area is—
  • (a) in relation to paragraph (3), that part of the parish council’s area that has a neighbourhood development plan in place;
  • (b) in relation to paragraphs (4)(a) and (5)(a), that part of the parish council’s area that does not have a neighbourhood development plan in place; and
  • (c) in relation to paragraph (6), the whole of the community council’s area.
  • (10) In paragraph (8), the relevant development is—
  • (a) in relation to paragraphs (3) or (6), the whole of the development;
  • (b) in relation to paragraph (4)(b) that part of the development for which permission was granted by a neighbourhood development order made under section 61E or 61Q (community right to build orders) of TCPA 1990; and
  • (c) in relation to paragraph (5)(b) that part of the development for which permission was not granted by a neighbourhood development order made under section 61E or 61Q (community right to build orders) of TCPA 1990.
  • (11) In this regulation an area has a neighbourhood development plan in place in relation to a development, or part of a development, if—
  • (a) a neighbourhood development plan was made by a local planning authority in accordance with section 38A(4) of the Planning and Compulsory Purchase Act 2004 prior to the time at which planning permission first permits that development; and
  • (b) that neighbourhood development plan is extant in relation to the relevant area on the day when planning permission first permits that development.
  • (12) Where a local council notifies the charging authority in writing that it does not want to receive some or all of the CIL receipts that this regulation applies to before that CIL is paid to it, the charging authority must retain those CIL receipts.

Application of regulation 59A to land payments

59B
  • (1) Regulation 59A applies to land payments accepted by a charging authority in accordance with regulation 73(1) (payment in kind) and infrastructure payments accepted by a charging authority in accordance with regulation 73A(1) (infrastructure payments) as follows.
  • (2) For the purposes of regulation 59A(8), the CIL received in relation to a development includes the value of CIL that any land or infrastructure payments were accepted in satisfaction of.
  • (3) Any payments to a local council relating to a land or infrastructure payment must be paid to the local council in money.

Application of CIL by local councils

59C

A local council must use CIL receipts passed to it in accordance with regulation 59A or 59B to support the development of the local council’s area, or any part of that area, by funding—

  • (a) the provision, improvement, replacement, operation or maintenance of infrastructure; or
  • (b) anything else that is concerned with addressing the demands that development places on an area.

Payment periods

59D
  • (1) This regulation applies where a charging authority is required to make a payment to a local council under regulation 59A or 59B.
  • (2) If the charging authority and the local council agree on a timetable for payment, the charging authority must pay the local council in accordance with that timetable.
  • (3) In all other cases, the charging authority must pay the local council in accordance with the following paragraphs.
  • (4) The charging authority must make payment in respect of the CIL it receives from 1st April to 30th September in any financial year to the local council by 28th October of that financial year.
  • (5) The charging authority must make payment in respect of the CIL it receives from 1st October to 31st March in any financial year to the local council by 28th April of the following financial year.

Recovery of CIL passed in accordance with regulation 59A or 59B

59E
  • (1) This regulation applies to CIL receipts received by a local council in accordance with regulation 59A or 59B that the local council—
  • (a) has not applied to support the development of its area within 5 years of receipt; or
  • (b) has applied otherwise than in accordance with regulation 59C.
  • (2) The charging authority may serve a notice on the local council requiring it to repay some or all of the CIL receipts that this regulation applies to.
  • (3) A notice under paragraph (2) will be valid if it contains the following information—
  • (a) the amount of CIL receipts to be repaid;
  • (b) the reasons for requiring those receipts to be repaid; and
  • (c) the date by which repayment is to be made which must be no earlier than 28 days from the day the notice is served.
  • (4) On receipt of a valid notice the local council must send to the charging authority any CIL receipts it has not spent up to the value set out under sub-paragraph (3)(a) within the time set out under sub-paragraph (3)(c).
  • (5) If the local council is unable to repay the full amount set out under sub-paragraph (3)(a) out of unspent CIL receipts, the charging authority must recover the rest of that amount out of future CIL receipts that it would otherwise have to pass to the local council in accordance with regulation 59A or 59B.
  • (6) If the charging authority recovers CIL receipts in accordance with paragraph (5) it must serve a notice on the local council when those receipts would otherwise be passed to the local council stating—
  • (a) the amount of CIL receipts recovered; and
  • (b) the amount of CIL receipts still to be recovered by the charging authority from the local council.
  • (7) A charging authority may withdraw a notice served under paragraph (2) at any time and if it does so any unspent CIL receipts recovered under paragraph (4) or (5) in accordance with the withdrawn notice must be returned to the local council.
  • (8) A charging authority and a local council may at any time vary the terms of a notice served under paragraph (2) by agreement.
  • (9) Part 9 (enforcement) does not apply in relation to this regulation.
  • (10) CIL receipts recovered under this regulation must be used by the charging authority to support the development of the area of the local council they are recovered from by funding—
  • (a) the provision, improvement, replacement, operation or maintenance of infrastructure; or
  • (b) anything else that is concerned with addressing the demands that development places on an area.

Use of CIL in an area to which regulations 59A and 59B do not apply

59F
  • (1) This regulation applies where all or part of a chargeable development is in an area in relation to which regulations 59A and 59B do not apply.
  • (2) This regulation applies to those CIL receipts that would have been passed to a local council under regulations 59A and 59B had that part of the chargeable development been within the area of a local council.
  • (3) The charging authority may use the CIL to which this regulation applies, or cause it to be used, to support the development of the relevant area by funding—
  • (a) the provision, improvement, replacement, operation or maintenance of infrastructure; or
  • (b) anything else that is concerned with addressing the demands that development places on an area.
  • (4) In paragraph (3), “relevant area” means that part of the charging authority’s area that is not with the area of a local council.

Reimbursement of expenditure incurred and repayment of loans

Administrative expenses

Reporting

Reporting by local councils

62A
  • (1) A local council must prepare a report for any financial year (“the reported year”) in which it receives CIL receipts.
  • (2) The report must include—
  • (a) the total CIL receipts for the reported year;
  • (b) the total CIL expenditure for the reported year;
  • (c) summary of CIL expenditure during the reported year including—
  • (i) the items to which CIL has been applied; and
  • (ii) the amount of CIL expenditure on each item; and
  • (d) details of any notices received in accordance with regulation 59E, including—
  • (i) the total value of CIL receipts subject to notices served in accordance with regulation 59E during the reported year;
  • (ii) the total value of CIL receipts subject to a notice served in accordance with regulation 59E in any year that has not been paid to the relevant charging authority by the end of the reported year.
  • (e) the total amount of—
  • (i) CIL receipts for the reported year retained at the end of the reported year; and
  • (ii) CIL receipts from previous years retained at the end of the reported year.
  • (3) The local council must—
  • (a) publish the report—
  • (i) on its website;
  • (ii) on the website of the charging authority for the area if the local council does not have a website; or
  • (iii) within its area as it considers appropriate if neither the local council nor the charging authority have a website, or the charging authority refuses to put the report on its website in accordance with paragraph (ii); and
  • (b) send a copy of the report to the charging authority from which it received CIL receipts, no later than 31st December following the reported year, unless the report is, or is to be, published on the charging authority’s website.

Infrastructure: amendment to section 216 of the Planning Act 2008

Transitional provision: when a MDC becomes the charging authority for an area

63A
  • (1) This regulation has effect when a MDC becomes the charging authority for an area.
  • (2) If, before the MDC becomes the charging authority for an area, a London borough council—
  • (a) had in place a charging schedule approved under section 213 of PA 2008; and
  • (b) granted planning permission for a development, or received or issued a notice of chargeable development in relation to a development under regulation 64 or 64A,

that London borough council shall be entitled to receive the CIL for the development to which the planning permission or notice of chargeable development relates.

  • (3) The London borough council—
  • (a) shall remain the collecting authority for the CIL it is entitled to receive; and
  • (b) shall remain the charging authority for the CIL it is entitled to receive.

Transitional provision: when a MDC ceases being the charging authority for an area

63B
  • (1) This regulation has effect when a MDC ceases to be the charging authority for an area.
  • (2) If, before the MDC ceases to be the charging authority for an area, it—
  • (a) had in place a charging schedule approved under section 213 of PA 2008; and
  • (b) granted planning permission for a development, or received or issued a notice of chargeable development in relation to a development under regulation 64 or 64A,

it shall be entitled to receive the CIL for the development to which the planning permission or notice of chargeable development relates.

  • (3) Subject to paragraphs (4) to (6), the MDC—
  • (a) shall remain the collecting authority for the CIL it is entitled to receive; and
  • (b) shall remain the charging authority for the CIL it is entitled to receive.
  • (4) Where—
  • (a) the Mayor has made a transfer scheme under section 216(1) of the Localism Act 2011;
  • (b) the property transferred under the transfer scheme includes CIL which the MDC is entitled to receive; and
  • (c) the permitted recipient is a London borough council,

the permitted recipient shall act as the collecting authority for the CIL it is entitled to receive, and all references in Parts 7 (application of CIL) to 10 (appeals) of these Regulations to “collecting authority” and “charging authority” shall be read as a reference to it.

  • (5) Where—
  • (a) the Mayor has made a transfer scheme under section 216(1) of the Localism Act 2011;
  • (b) the property transferred under the transfer scheme includes CIL which the MDC is entitled to receive; and
  • (c) the permitted recipient is not a London borough council,

the permitted recipient may agree with a charging authority (C) that C shall be the collecting authority for the CIL which the permitted recipient is entitled to receive, and all references in Parts 8 (administration) to 10 (appeals) of these Regulations to “collecting authority” shall be read as a reference to C.

  • (6) Where paragraph (5) applies the permitted recipient is a charging authority that (C) is collecting CIL on behalf of for the purposes of regulations 61 (administrative expenses) and 76 (payments to charging authorities).
  • (7) In this regulation, “permitted recipient” has the meaning given in section 216(4) of the Localism Act 2011.

Notice of chargeable development

Preparation and service of notice of chargeable development by collecting authority

Liability notice

Local land charges

Commencement notice

Deemed commencement of chargeable development

Demand notice

Suspension of demand notice

Instalment policies

Payment periods

Payment in full

Payment: general

Payment in kind

Payment in kind: further provision

Abatement

Overpayment

Payments to charging authorities

Duty to supply information to collecting authority

Requests for information by collecting authority

Use of information by collecting authority

Exemption for residential annexes or extensions

42A
  • (1) ... A person (P) is exempt from liability to pay CIL in respect of development if—
  • (a) P owns a material interest in a dwelling (“main dwelling”);
  • (b) P occupies the main dwelling as P’s sole or main residence; and
  • (c) the development is a residential annex or a residential extension.
  • (2) The development is a residential annex if it—
  • (a) is wholly within the curtilage of the main dwelling; and
  • (b) comprises one new dwelling.
  • (3) The development is a residential extension if it—
  • (a) is an enlargement to the main dwelling; and
  • (b) does not comprise a new dwelling.
  • (4) An exemption or relief under this regulation—
  • (a) in respect of a residential annex is known as an exemption for residential annexes;
  • (b) in respect of a residential extension is known as an exemption for residential extensions.
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption for residential annexes or extensions: procedure

42B
  • (1) A person who wishes to benefit from the exemption for residential annexes or extensions must submit a claim to the collecting authority in accordance with this regulation.
  • (2) The claim must—
  • (a) subject to paragraph (3A), be received by the collecting authority before commencement of the chargeable development;
  • (b) be submitted to the collecting authority in writing on a form published by the Secretary of State (or a form substantially to the same effect);
  • (c) include the particulars specified or referred to in the form; and
  • (d) be accompanied by the documents specified or referred to in the form.
  • (3) Subject to paragraph (3A), a claim under this regulation will lapse where the chargeable development to which it relates is commenced before the collecting authority has notified the claimant of its decision on the claim.
  • (3A) Paragraphs (2)(a) and (3) do not apply where an exemption for residential annexes or extensions has been granted in relation to a chargeable development and the annex or extension changes after the commencement of that development.
  • (4) As soon as practicable after receiving a valid claim ... the collecting authority must grant the exemption and notify the claimant in writing of the exemption granted (or the amount of relief granted, as the case may be) and, in relation to an exemption for residential annexes, provide an explanation of the requirements of regulation 67(1).
  • (5) A claim for an exemption for residential annexes or extensions is valid if it complies with the requirements of paragraph (2).
  • (6) A person who is granted an exemption for residential annexes or residential extensions ceases to be eligible for that exemption if a commencement notice is not submitted to the collecting authority before the day the chargeable development is commenced.

Withdrawal of the exemption for residential annexes

42C
  • (1) This regulation applies if an exemption for residential annexes is granted and a disqualifying event occurs before the end of the clawback period.
  • (2) For the purposes of this regulation, a disqualifying event is—
  • (a) the use of the main dwelling for any purpose other than as a single dwelling;
  • (b) the letting of the residential annex; or
  • (c) the sale of the main dwelling or the residential annex unless they are sold at the same time to the same person.
  • (3) Where this regulation applies the relevant person is liable to pay—
  • (a) an amount of CIL equal to the amount of CIL that would have been payable on commencement of the development if the exemption had not been granted; ...
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) The relevant person must notify the collecting authority in writing of the disqualifying event before the end of the period of 14 days beginning with the day on which the disqualifying event occurs.
  • (5) As soon as practicable after receiving the notice of the disqualifying event, the collecting authority must notify the relevant person in writing of the amount of CIL payable under paragraph (3).
  • (6) In this regulation—
  • (a) “main dwelling” and “residential annex” have the same meaning as in regulation 42A; and
  • (b) “relevant person” means the person benefitting from the exemption for residential annexes in respect of the dwelling which has ceased to qualify for the exemption.

Exemption for charities

Discretionary charitable relief: investment activities

Other discretionary charitable relief

Discretionary charitable relief: notification requirements

Charitable relief: procedure

Withdrawal of charitable relief

Social housing relief

Discretionary social housing relief

49A
  • (1) A chargeable development is eligible for relief from liability to CIL if—
  • (a) discretionary social housing relief is available in the area in which the chargeable development will be situated; and
  • (b) the development comprises or is to comprise qualifying dwellings or qualifying communal development (in whole or in part).
  • (2) For the purposes of this regulation a dwelling is a qualifying dwelling if all of the following criteria are met—
  • (a) the dwelling is sold for no more than 80% of its market value (where the market value at any time is the price which the dwelling might reasonably be expected to fetch if sold at that time on the open market);
  • (b) the dwelling is sold in accordance with any policy published by the charging authority under regulation 49B(1)(a)(iii); and
  • (c) the liability to pay CIL in relation to the dwelling remains with the person granted discretionary social housing relief.
  • (2) For the purposes of this regulation a dwelling is a qualifying dwelling if criteria (a), (b) and (c) are met in relation to it—
  • (a) criterion (a) is that the dwelling is sold for no more than 80 per cent of its market value (where the market value at any time is the price which the dwelling might reasonably be expected to fetch if sold at that time on the open market);
  • (b) criterion (b) is that the dwelling is sold in accordance with any policy published by the charging authority under regulation 49B(1)(a)(iii); and
  • (c) criterion (c) is that at least one of the following requirements is met—
  • (i) a planning obligation has been entered into prior to the first sale of the dwelling designed to ensure that any subsequent sale of the dwelling is for no more than 80% of its market value; or
  • (ii) the liability to pay CIL in relation to the dwelling remains with the person granted discretionary social housing relief.
  • (3) Any claim for relief under this regulation relating to qualifying communal development must be made either—
  • (a) at the same time as the claim for relief in respect of the qualifying dwellings to which the qualifying communal development in question relates; or
  • (b) where the qualifying dwellings referred to in sub-paragraph (a) are granted permission through a phased planning permission, in relation to any phase of that permission.
  • (4) Social housing relief is given by deducting the qualifying amount from what would otherwise be the amount of liability to CIL that would arise in respect of the chargeable development.

Discretionary social housing relief: notification requirements

49B
  • (1) A charging authority which wishes to make discretionary social housing relief available in its area must—
  • (a) issue a document which—
  • (i) gives notice that discretionary social housing relief is available in its area,
  • (ii) states the date on which the collecting authority will begin accepting claims for relief, and
  • (iii) to the extent that the charging authority is responsible for allocating the housing to be granted relief, includes a policy statement setting out how that housing is to be allocated in its area;
  • (b) publish the document on its website;
  • (c) make the document available for inspection—
  • (i) at its principal office, and
  • (ii) at such other places within its area as it considers appropriate; and
  • (d) send a copy of the document to the collecting authority (if it is not the charging authority).
  • (2) Where a charging authority wishes to revise its policy on the allocation of the relevant housing in its area it must—
  • (a) issue a document which—
  • (i) gives notice of the revised policy,
  • (ii) states the date from which the revised policy applies, and
  • (iii) includes a revision of the policy statement mentioned in paragraph (1)(a)(iii);
  • (b) publish the document on its website;
  • (c) make the document available for inspection—
  • (i) at its principal office, and
  • (ii) at the places at which the document mentioned in paragraph (1) was made available for inspection under paragraph (1)(c)(ii), or, if the charging authority considers that any such places are no longer appropriate, such other places within its area as it considers appropriate; and
  • (d) send a copy of the document to the collecting authority (if it is not the charging authority).
  • (3) A charging authority which no longer wishes discretionary social housing relief to be available in its area must—
  • (a) issue a statement giving notice to that effect and stating the last day on which the collecting authority will accept claims for relief;
  • (b) publish the statement on its website;
  • (c) make the statement available for inspection—
  • (i) at its principal office, and
  • (ii) at the places at which the document mentioned in paragraph (1) was made available for inspection under paragraph (1)(c)(ii), or, if the charging authority considers that any such places are no longer appropriate, such other places within its area as it considers appropriate; and
  • (d) send a copy of the statement to the collecting authority (if it is not the charging authority).
  • (4) The day mentioned in paragraph (3)(a) must be no earlier than the end of the period of 14 days beginning with the day on which the statement mentioned in that paragraph is published on the charging authority’s website.

Social housing relief: qualifying communal development

49C
  • (1) For the purposes of this regulation, qualifying communal development is the amount of communal development (calculated in accordance with paragraph (4)) which is for the benefit of the occupants of more than one qualifying dwelling.
  • (2) Subject to paragraph (3), development is communal development if it is development for the benefit of the occupants of more than one qualifying dwelling, whether or not it is also for the benefit of the occupants of relevant development.
  • (3) Development is not communal development if it is—
  • (a) wholly or partly made up of one or more dwellings;

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