UK Statutory Instrument SI 2010 United Kingdom

Community Infrastructure Levy Regulations 2010

Part 11 of the Planning Act 2008 (c. 29) (“the Act”) provides for the imposition of a charge to be known as Community Infrastructure Levy (CIL). It specifies who may charge CIL (known as “charging authorities”) and includes outline provision on other aspects of the charge including how liability to …

Enforced by
Local Authority
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 2 of 84 obligations carry an unlimited fine. 6 carry different penalties and 76 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person38 Responsible Person3 Trader2 Landlord1 Applicant1 Director or Officer1 Employer1

Plus 37 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Responsible Person — also bound by 108 other Acts
Trader — also bound by 825 other Acts
Landlord — also bound by 224 other Acts
Applicant — also bound by 307 other Acts
Director or Officer — also bound by 429 other Acts
Employer — also bound by 682 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTORY

1 of 3 sections shown
s.003 Community Infrastructure Levy (opens in a new tab) Regulated
  • Pay the Community Infrastructure Levy on liable developmentsAny Person
Other duties (1) — Crown / regulator
  • Local authorities may charge a Community Infrastructure LevyLocal authority
2 other sections in this Part — procedural and definitional
s.002 Interpretation
Part 2

DEFINITION OF KEY TERMS

0 of 7 sections shown
Part 3

CHARGING SCHEDULES

12 of 22 sections shown
s.012 Format and content of charging schedules (opens in a new tab) Regulated
  • Provide a detailed charging schedule for your CIL chargesAny Person
s.014 Setting rates (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must balance infrastructure needs with development viabilityLocal authority
s.015 Consultation on a preliminary draft charging schedule (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must consult on new or revised CIL charging schedulesLocal authority
s.016 Publication of a draft charging schedule (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must publish and consult on draft CIL charging schedulesLocal authority
s.017 Representations relating to a draft charging schedule (opens in a new tab) Regulated
  • Submit written feedback on draft charging schedules before the deadlineAny Person
  • You may comment on or challenge a draft CIL charging scheduleAny Person
s.018 Withdrawal of a draft charging schedule (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must notify the public if a CIL charging schedule is withdrawnLocal authority
s.019 Submission of documents and information to the examiner (opens in a new tab) Regulated
  • Submit draft charging schedule and related documents to the CIL examinerEmployer
Other duties (1) — Crown / regulator
  • Charging authority must submit documents for examination and notify publicLocal authority
s.020 Consideration of representations by examiner (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Examiner must consider all submitted comments on the draft CIL scheduleStatutory regulator
s.021 CIL examination: right to be heard (opens in a new tab) Regulated
  • Submit request to be heard at CIL examinationAny Person
Other duties (1) — Crown / regulator
  • Local Authority must allow you to be heard during CIL examinationsLocal authority
s.023 Publication of the examiner’s recommendations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charging authority must publish and notify of examiner’s recommendationsLocal authority
s.024 Correction of errors in examiner’s recommendations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must notify parties of corrected examiner recommendationsLocal authority
s.025 Approval and publication of a charging schedule (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must publish and advertise approved CIL charging schedulesLocal authority
10 other sections in this Part — procedural and definitional
s.charging schedules: procedure in relation to a cha Charging schedules: procedure in relation to a charging schedule ceasing to have effect
s.exercise of part 3 functions in anticipation that Exercise of Part 3 functions in anticipation that an MDC will be established
Part 4

LIABILITY

2 of 9 sections shown
s.031 Assumption of liability (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Collecting authority must acknowledge CIL liability noticesLocal authority
s.032 Transfer of assumed liability (opens in a new tab) Regulated
  • Submit liability transfer notice for CILAny Person
  • Transfer your CIL liability to another personAny Person
7 other sections in this Part — procedural and definitional
Part 5

CHARGEABLE AMOUNT

1 of 1 section shown
s.040 Calculation of chargeable amount (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must calculate Community Infrastructure Levy (CIL) chargesLocal authority
Part 6

EXEMPTIONS AND RELIEF

7 of 29 sections shown
s.046 Discretionary charitable relief: notification requirements (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Charging authority must publish and notify policy for charitable CIL reliefLocal authority
s.048 Withdrawal of charitable relief (opens in a new tab) Regulated
  • Notify the council if you lose your CIL charitable relief eligibilityResponsible Person
  • Notify authority and repay CIL if charitable relief is lostAny Person
s.049 Discretionary social housing relief: notification requirements Regulated
Other duties (1) — Crown / regulator
  • Local Authority must notify and publish social housing relief policiesLocal authority
s.052 Social housing relief: disposal of land before occupation (opens in a new tab) Regulated
  • Notify the collecting authority of land disposal before occupationLandlord
  • Notify the local authority when selling land that has social housing reliefAny Person
s.054 Exemption for self-build housing: completion of development Regulated
  • Submit self-build confirmation form after project completionAny Person
  • Submit self‑build housing confirmation form within 6 monthsAny Person
s.withdrawal of the exemption for residential annexe Withdrawal of the exemption for residential annexes Regulated
  • Notify local authority if residential annexe exemption is disqualifiedResponsible Person
s.withdrawal of the exemption for self-build housing Withdrawal of the exemption for self-build housing Regulated
  • Notify local authority of disqualifying event for self-build exemptionResponsible Person
22 other sections in this Part — procedural and definitional
s.carry over of relief in relation to certain sectio Carry over of relief in relation to certain section 73 permissions
s.discretionary social housing relief Discretionary social housing relief
s.exemption for residential annexes or extensions Exemption for residential annexes or extensions
s.exemption for residential annexes or extensions: p Exemption for residential annexes or extensions: procedure
s.exemption for self-build housing Exemption for self-build housing
s.exemption for self-build housing: procedure Exemption for self-build housing: procedure
s.social housing relief: qualifying communal develop Social housing relief: qualifying communal development
Part 7

APPLICATION OF CIL

6 of 13 sections shown
s.059 Duty to pass CIL to local councils Regulated
Other duties (1) — Crown / regulator
  • Charging authority must pass CIL funds to local parish or community councilsLocal authority
s.059 Application of CIL by local councils Regulated
Other duties (1) — Crown / regulator
  • Local councils must spend CIL funds on local infrastructure and developmentLocal authority
s.059 Payment periods Regulated
  • Pay CIL to local council on timeTrader
s.059 Application to infrastructure (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must spend CIL funds on infrastructureLocal authority
s.062 Reporting by local councils Regulated
Other duties (1) — Crown / regulator
  • Local councils must publish and submit annual CIL income and spending reportsLocal authority
s.062 Reporting (opens in a new tab) Regulated
  • Prepare an annual CIL report for the financial yearAny Person
Other duties (1) — Crown / regulator
  • Local authorities must publish an annual CIL income and spending reportLocal authority
7 other sections in this Part — procedural and definitional
s.application of regulation 59a to land and infrastr Application of regulation 59A to land and infrastructure payments
s.interpretation of part 7 Interpretation of Part 7
s.recovery of cil passed in accordance with regulati Recovery of CIL passed in accordance with regulation 59A or 59B
s.use of cil in an area to which regulations 59a and Use of CIL in an area to which regulations 59A and 59B do not apply
Part 8

ADMINISTRATION

12 of 28 sections shown
s.068 Deemed commencement of chargeable development (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Collecting authority must determine when CIL chargeable development commencedLocal authority
s.069 Suspension of demand notice Prosecution
  • Request suspension of CIL demand and notify when works startAny Person
  • Request a suspension of CIL payments for phased developmentsAny Person

Fine up to £2,500

s.069 Instalment policies Regulated
Other duties (1) — Crown / regulator
  • Local authorities must publish CIL instalment policies on their websitesLocal authority
s.069 Demand notice (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Collecting authority must serve CIL demand notices on liable personsLocal authority
s.070 Payment periods (opens in a new tab) Regulated
  • Pay Community Infrastructure Levy (CIL) within 60 days or per instalment policyAny Person
s.072 Deferral: information Regulated
  • Provide information requested by the local authority for CIL deferralAny Person
  • Provide requested information to the collecting authority within 14 daysAny Person
s.072 Payment: general (opens in a new tab) Regulated
  • Pay Community Infrastructure Levy (CIL) to the collecting authorityTrader
s.073 Infrastructure payments Regulated
  • Provide written agreement and evidence when using infrastructure payment for CILAny Person
  • Agree infrastructure payments in kind to offset CIL liabilityAny Person
s.073 Infrastructure payments: notification requirements Regulated
  • Notify infrastructure payment policy changesAny Person
Other duties (1) — Crown / regulator
  • Local Authority must publish policies for accepting infrastructure paymentsLocal authority
s.076 Payments to charging authorities (opens in a new tab) Regulated
  • Pay charging authority for CIL collected on its behalfAny Person
Other duties (1) — Crown / regulator
  • Collecting authorities must transfer CIL payments to charging authoritiesLocal authority
s.abatement : section 73 applications Abatement : section 73 applications Regulated
Other duties (1) — Crown / regulator
  • Credit previously paid CIL against new liability on requestLocal authority
s.payment: deferral Payment: deferral Regulated
Other duties (1) — Crown / regulator
  • Local authority must consider and respond to CIL deferral requests within 40 daysLocal authority
16 other sections in this Part — procedural and definitional
s.abatement: implementation of a different planning Abatement: implementation of a different planning permission
s.deferral: payment of surcharge and interest Deferral: payment of surcharge and interest
s.preparation and service of notice of chargeable de Preparation and service of notice of chargeable development by collecting authority
s.transitional provision: when a mdc becomes the cha Transitional provision: when a MDC becomes the charging authority for an area
s.transitional provision: when a mdc ceases being th Transitional provision: when a MDC ceases being the charging authority for an area
Part 9

ENFORCEMENT

12 of 33 sections shown
s.083 Surcharge for failure to submit a commencement notice (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Collecting authority must impose surcharge for late commencement notice and notify ownersLocal authority
s.087 Late payment interest (opens in a new tab) Regulated
  • Pay interest on late Community Infrastructure Levy (CIL) paymentsAny Person
  • Pay interest on late payments under CIL RegulationsAny Person
s.089 Preliminary steps (opens in a new tab) Regulated
  • Pay any outstanding CIL charge immediatelyAny Person
Other duties (1) — Crown / regulator
  • Local Authority must issue a warning notice before stopping developmentLocal authority
s.092 Registration of a CIL stop notice (opens in a new tab) Regulated
  • Register CIL stop notices within 14 daysAny Person
Other duties (1) — Crown / regulator
  • Local Authority must register CIL stop notices in the public registerLocal authority
s.093 Offence (opens in a new tab) Prosecution
  • Breach a CIL stop noticeAny Person
  • Fail to comply with a CIL stop noticeAny Person

Unlimited fine

s.096 Liability orders: reminder notice (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must send a reminder notice before seeking a liability orderLocal authority
s.100 Commitment to prison (opens in a new tab) Imprisonment
  • Willful refusal to pay Community Infrastructure LevyAny Person
s.102 Magistrates’ courts (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Magistrates’ courts must follow specific composition and evidence rulesTribunal / Court
s.107 Enforcement of local land charges (opens in a new tab) Regulated
  • Pay CIL within 21 days of enforcement noticeAny Person
Other duties (1) — Crown / regulator
  • Local Authority must follow specific procedures to enforce land chargesLocal authority
s.108 Outstanding liabilities on death (opens in a new tab) Regulated
  • Pay any outstanding CIL owed by a deceased’s estateAny Person
  • Pay outstanding CIL debts and interest from a deceased person's estateDirector or Officer
s.109 Powers of entry (opens in a new tab) Prosecution
  • Obstruct authorised entry for Community Infrastructure Levy inspectionAny Person
  • Obstruct authorised inspection of landAny Person

Fine up to £1,000

s.110 Offence for supplying false information (opens in a new tab) Imprisonment
  • Supply false or misleading CIL informationAny Person
  • Supply false or misleading information to CIL authoritiesAny Person
21 other sections in this Part — procedural and definitional
s.power to require information Power to require information
Part 10

APPEALS

2 of 12 sections shown
s.113 Review of chargeable amount (opens in a new tab) Regulated
  • Request a review of a CIL charge within 28 daysAny Person
  • Request a review of your Community Infrastructure Levy (CIL) calculationAny Person
s.120 Appeal procedure (opens in a new tab) Regulated
  • Submit CIL appeals in writing using the correct formApplicant
  • Submit a written appeal using the prescribed formAny Person
10 other sections in this Part — procedural and definitional
s.exemption for residential annexes: appeal Exemption for residential annexes: appeal
s.exemption for self-build housing: appeal Exemption for self-build housing: appeal
Part 10

Reporting and monitoring on CIL and planning obligations

3 of 3 sections shown
s.121 Annual infrastructure funding statements Regulated
  • Publish an annual CIL funding statement onlineAny Person
Other duties (1) — Crown / regulator
  • Local Authority must publish an annual infrastructure funding statementLocal authority
s.121 Reporting by parish councils Regulated
Other duties (1) — Crown / regulator
  • Parish councils must publish annual Community Infrastructure Levy (CIL) reportsLocal authority
s.121 Annual CIL rate summary Regulated
Other duties (1) — Crown / regulator
  • Local Authority must publish an annual CIL rate summaryLocal authority
Part 11

PLANNING OBLIGATIONS

0 of 2 sections shown
Part 12

MISCELLANEOUS AND TRANSITIONAL PROVISIONS

0 of 8 sections shown
8 other sections in this Part — procedural and definitional
s.transitional provision: article 18(1) of dmpo appl Transitional provision: article 18(1) of DMPO applications
s.transitional provision: section 73 of tcpa 1990 ap Transitional provision: section 73 of TCPA 1990 applications
Schedules

Schedules

1 of 15 shown
s.002 Matters to be included in the annual infrastructure funding statement (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must publish an annual infrastructure funding statementLocal authority
14 other schedules
s.sch001 Chargeable amount: standard cases
s.sch001 Chargeable amount: outline permissions where first permits date is after new charging schedule
s.sch001 Chargeable amount etc: ‘amended’ planning permissions
s.sch001 Amount of CIL payable: section 73 permissions which increase liability
s.sch001 Amount of CIL payable: section 73 permissions which reduce liability
s.sch001 Social housing relief: calculating qualifying amount
s.sch001 Amount of CIL payable: pre-CIL permissions ‘amended’ when CIL is in effect
s.sch001 Transitional cases: pre-CIL phased permissions ‘amended’ when CIL is in effect
s.sch001 Pre-CIL permissions ‘amended’ when CIL in effect: appeal in relation to notional relief
s.sch002 The matters to be included in the CIL report are—...
s.sch002 For the purposes of paragraph 1— (a) CIL collected by...
s.sch002 The matters to be included in the section 106 report...
s.sch002 The matters which may be included in the section 106...
s.sch002 For the purposes of paragraph 3— (a) where the amount...

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