Stage 1: CIL Additional Information Form
As the CIL process begins when a planning application is submitted, the first form needs to be completed and submitted at the same time. It asks for details of new floorspace to be created by the development, and details of any floorspace to be demolished, which can be offset against the new floorspace calculation. It is in your interest to provide this information, especially where there are existing buildings in use on your site, in order to ensure that the CIL calculations can be completed correctly.
For guidance on how to complete this form please see: Planning application additional information requirement guidance supplied by the Planning Portal.
Any changes to details supplied on this form (i.e. change of address, phone number etc) need to be submitted before the development is commenced, again using the form above on the Planning Portal.
NB All your personal infromation will be held and used in accordance with the General Data Protection Regulation (GDPR). For details of how gather, define and use your information please see the ECDC Privacy Notice.
In some rare cases, CIL liable proposals can be commenced via ‘General Consent’ (i.e. Permitted Development). In this case it will be your responsibility to inform the Council, using Form 5 – Notice of Chargeable Development before commencement begins. The only exception to this is when the new floorspace is less than 100m2. If you are unsure, please contact the Council.
Stage 2: Inform the Council who will be responsible for paying CIL for an application
It is important that you inform the Council who is responsible for paying the CIL if permission is granted. A request for Form 2 will be sent out immediately after planning approval is issued, if it has not already been received.
If at any time during the process, you wish to withdraw or transfer liability of the charge (i.e. If you sell the site) then you need to complete and submit to the Council either:
Stage 3: Liability Notice
Once liability has been assumed, the Council will issue a Liability Notice to all relevant parties as well as the landowner, if the two are different. If any changes occur after the Liability Notice is issued, a revised notice will be sent out that will supersede the previous notice.
Stage 4: Claiming Relief
The Regulations provide for exemption from CIL in the following circumstances:
- Social housing developments
- Charitable developments provided by a charity for charitable purposes
- Self-build developments
- Self-build residential extensions
- Self-build residential annexes
Whilst the Regulations also permit local authorities to provide discretionary charitable relief or exceptional circumstances relief, East Cambridgeshire is not currently proposing to make such relief available. The Council is committed to keeping this decision under review. Forms can be downloaded from the Planning Portal.
Warning: Relief is not automatically available; it must be applied for prior to commencement of development
As of September 2019; new forms have been created for Charitable/and or social housing relief claims, further Charitable and or socail housing relief, a further exemption claim form and a phase credit applications form NB these will be made available by Friday 6th September.
The completed form must be submitted to the Council prior to the commencement of development in order to obtain relief. The Council can not process requests for relief retrospectively of commencement.
If any relief is granted, where relevant, a revised Liability Notice will be sent out to reflect any changes as a result of the relief. This will supersede any previous notice sent.
The Council has produced guidance notes for each type of relief available to assist applicants when claiming relief. Available to be viewed on Guidance Notes and Other Information Source
Stage 5: Informing the Council of Commencement
The regulations require the submission of a Commencement Notice by the liable party. Before the commencement of the CIL-liable development you must submit the Form 6 Commencemnt Notice
NB It is vital that a Commencement Notice is submitted before development commences. The CIL Regulations provide that where a Commencement Notice has not been received before commencement, the liable person(s) will be issued a surcharge of £2,500 or 20% of the liable amount whichever the lower amount.
Stage 6: Demand Notice
Once this Commencement Notice has been received, the Council will issue a Demand Notice. This notice will detail who is liable, for how much, any reliefs or surcharges, and will also specify the dates on which the payments are due, in line with the regulations Part 8 Section 70 and the Council’s Instalment policy, whichever is relevant.
NB If a valid Commencement Notice has not been submitted before development commences the Council will determine a deemed commencement date, surcharges will be applied and payments will be due in full on that date.
If there have been any changes of circumstances about the liability of the person/party paying CIL since Form 2 was submitted, you should submit a Form 4 Transfer of Assumed Liability
Please see our Charging schedule to calculate the Levy amount.
Stage 7: Completion
Within 6 months of completion of self-build housing, the liable person must submit a Self Build Exemption Claim Form: Part 2 together with appropriate supporting evidence:
- Proof of completion (building control compliance/completion certificate)
- Proof of ownership (title and deeds)
- Proof of occupation of the dwelling (Council tax certificate, and two further proofs of evidence (utility bill, electoral roll, bank statement)
You will also need to provide one of the following:
- An approved claim for a VAT refund for DIY housebuilders
- A self-build warranty
- An approved self-build mortgage
NB Failure to submit the appropriate form and evidence within 6 months of completion of the development will result in the withdrawal of the exemption and payment in full of the liable amount.
The CIL Regulations clearly set out the notification procedure so it is important that this process is followed, as surcharges can be applied for failure to notify the council of issues such as liability to CIL and commencement of development. All exemptions must be applied for prior to commencement.
The process required for collection arrangements is covered in CIL Regulations Part 8. The government has issued an information document on CIL collection and enforcement for further information.