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The Community Infrastructure Levy Regulations 2010

S.I. 2010/948 · Made 23 March 2010 · Extends to England and Wales

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 14 September 2026.

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Community Infrastructure Levy, England And Wales

Made 23rd March 2010

Coming into force 6th April 2010

C1C2C3C4A draft of these Regulations has been laid before the House of Commons in accordance with section 222(2)(b) of the Planning Act 2008f1 and approved by resolution of that House.

Accordingly, the Secretary of State in exercise of the powers conferred by sections 205(1) and (2), 208(2)(b), (4), (5), (7) and (8), 209(2)(a), (3) to (6) and (8), 210(1) to (3) and (5), 211(2) and (3) to (7), 212(9) and (10), 213(4), 214(2), 215(1) to (3), 216(1), (3), (4), (6) and (7), 217(1) to (7), 218(1) to (3), (4)(a) and (b), (4)(d) to (k) and (5) to (11), 220(1), (2)(a) to (s) and (3)(a) to (c), 222(1) and 223(1)(a), (2) and (4) of the Planning Act 2008, and with the consent of the Treasury, makes the following Regulations:C5

Annotations to the whole text

Modifications

C1

Regulations applied (with modifications) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 11 (with arts. 48, 68, 79)

C2

Regulations applied (with modifications) (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 9 (with art. 32)

C3

Regulations applied (with modifications) (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 9(1) (with art. 22)

C4

Regulations applied (with modifications) (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 10(2) (with art. 37)

C5

Regulations continued (temp.) (25.3.2026) by The Levelling-up and Regeneration Act 2023 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026 (S.I. 2026/169), reg. 1(3), Sch. 1

Footnotes

f1

2008 c. 29.

Contents

  1. Part 1: INTRODUCTORY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Community Infrastructure Levy
  5. Part 2: DEFINITION OF KEY TERMS
  6. 4Meaning of “owner” and “material interest”
  7. 5Meaning of “planning permission”
  8. 6Meaning of “development”
  9. 7Commencement of development
  10. 8Time at which planning permission first permits development
  11. 9Meaning of “chargeable development”
  12. 10Meaning of “collecting authority”
  13. Part 3: CHARGING SCHEDULES
  14. 11Interpretation and application of Part 3
  15. 11AExercise of Part 3 functions in anticipation that an MDC will be established
  16. 12Format and content of charging schedules
  17. 13Differential rates
  18. 14Setting rates
  19. 15Consultation on a preliminary draft charging schedule
  20. 16Publication of a draft charging schedule
  21. 17Representations relating to a draft charging schedule
  22. 18Withdrawal of a draft charging schedule
  23. 19Submission of documents and information to the examiner
  24. 20Consideration of representations by examiner
  25. 21CIL examination: right to be heard
  26. 22Joint examinations
  27. 23Publication of the examiner’s recommendations
  28. 24Correction of errors in examiner’s recommendations
  29. 25Approval and publication of a charging schedule
  30. 26Correction of errors in a charging schedule
  31. 27Effect of correction of a charging schedule
  32. 28Charging schedule: effect
  33. 28ACharging schedules: procedure in relation to a charging schedule ceasing to have effect
  34. 29Payment of fees and expenses of independent persons
  35. 30Recovery of costs incurred by the Secretary of State
  36. Part 4: LIABILITY
  37. 31Assumption of liability
  38. 32Transfer of assumed liability
  39. 33Default liability
  40. 34Apportionment of liability
  41. 35Apportionment of liability: information notice
  42. 36Default of liability
  43. 37Joint liability
  44. 38Interests held on trust
  45. 39Effect of death on assumed liability
  46. Part 5: CHARGEABLE AMOUNT
  47. 40Calculation of chargeable amount
  48. Part 6: EXEMPTIONS AND RELIEF
  49. 41Interpretation of Part 6
  50. 42Exemption for minor development
  51. 42AExemption for residential annexes or extensions
  52. 42BExemption for residential annexes or extensions: procedure
  53. 42CWithdrawal of the exemption for residential annexes
  54. 43Exemption for charities
  55. 44Discretionary charitable relief: investment activities
  56. 45Other discretionary charitable relief Repealed
  57. 46Discretionary charitable relief: notification requirements
  58. 47Charitable relief: procedure
  59. 48Withdrawal of charitable relief
  60. 49Social housing relief
  61. 49ADiscretionary social housing relief
  62. 49BDiscretionary social housing relief: notification requirements
  63. 49CSocial housing relief: qualifying communal development
  64. 50Social housing relief: qualifying amount
  65. 51Social housing relief: procedure
  66. 52Social housing relief: disposal of land before occupation
  67. 53Withdrawal of social housing relief
  68. 54Social housing relief: information notice
  69. 54AExemption for self-build housing
  70. 54BExemption for self-build housing: procedure
  71. 54CExemption for self-build housing: completion of development
  72. 54DWithdrawal of the exemption for self-build housing
  73. 55Discretionary relief for exceptional circumstances
  74. 56Exceptional circumstances: notification requirements
  75. 57Exceptional circumstances: procedure
  76. 58Exceptional circumstances: procedure in London
  77. 58ZACarry over of relief in relation to certain section 73 permissions
  78. Part 7: APPLICATION OF CIL
  79. 58AInterpretation of Part 7
  80. 59Application to infrastructure
  81. 59ADuty to pass CIL to local councils
  82. 59BApplication of regulation 59A to land and infrastructure payments
  83. 59CApplication of CIL by local councils
  84. 59DPayment periods
  85. 59ERecovery of CIL passed in accordance with regulation 59A or 59B
  86. 59FUse of CIL in an area to which regulations 59A and 59B do not apply
  87. 60Reimbursement of expenditure incurred and repayment of loans
  88. 61Administrative expenses
  89. 62Reporting
  90. 62AReporting by local councils
  91. 63Infrastructure: amendment to section 216 of the Planning Act 2008
  92. Part 8: ADMINISTRATION
  93. 63ATransitional provision: when a MDC becomes the charging authority for an area
  94. 63BTransitional provision: when a MDC ceases being the charging authority for an area
  95. 64Notice of chargeable development
  96. 64APreparation and service of notice of chargeable development by collecting authority
  97. 65Liability notice
  98. 66Local land charges
  99. 67Commencement notice
  100. 68Deemed commencement of chargeable development
  101. 69Demand notice
  102. 69ASuspension of demand notice
  103. 69BInstalment policies
  104. 70Payment periods
  105. 71Payment in full
  106. 72Payment: general
  107. 72APayment: deferral
  108. 72BDeferral: payment of surcharge and interest
  109. 72CDeferral: information
  110. 73Payment in kind
  111. 73AInfrastructure payments
  112. 73BInfrastructure payments: notification requirements
  113. 74Payment in kind and infrastructure payments: further provision
  114. 74AAbatement : section 73 applications
  115. 74BAbatement: implementation of a different planning permission
  116. 75Overpayment
  117. 76Payments to charging authorities
  118. 77Duty to supply information to collecting authority
  119. 78Requests for information by collecting authority
  120. 79Use of information by collecting authority
  121. Part 9: ENFORCEMENT
  122. Chapter 1: SURCHARGES AND INTEREST
  123. 80Surcharge for failure to assume liability
  124. 81Surcharge: apportionment of liability
  125. 82Surcharge for failure to submit a notice of chargeable development
  126. 83Surcharge for failure to submit a commencement notice
  127. 84Surcharge: disqualifying events
  128. 85Surcharge for late payment
  129. 86Surcharge for failure to comply with an information notice
  130. 87Late payment interest
  131. 88Surcharges and interest: general
  132. Chapter 2: CIL STOP NOTICES
  133. 89Preliminary steps
  134. 90Service of CIL stop notice
  135. 91Withdrawal of a CIL stop notice
  136. 92Registration of a CIL stop notice
  137. 93Offence
  138. 94Injunctions
  139. Chapter 3: RECOVERY OF CIL
  140. 95Interpretation and application of Chapter 3
  141. 96Liability orders: reminder notice
  142. 97Application for liability order
  143. 98Enforcement by taking control of goods
  144. 99Appeals in connection with distress
  145. 100Commitment to prison
  146. 101Commitment to prison: further provision
  147. 102Magistrates’ courts
  148. 103Charging orders
  149. 104Charging orders: further provision
  150. 105Insolvency
  151. 106Recovery in a court of competent jurisdiction
  152. 107Enforcement of local land charges
  153. Chapter 4: OTHER ENFORCEMENT PROVISIONS
  154. 108Outstanding liabilities on death
  155. 108APower to require information
  156. 109Powers of entry
  157. 110Offence for supplying false information
  158. 111Prosecution of CIL offences
  159. Part 10: APPEALS
  160. 112Interpretation of Part 10
  161. 113Review of chargeable amount
  162. 114Chargeable amount: appeal
  163. 115Apportionment of liability: appeal
  164. 116Charitable relief: appeal
  165. 116AExemption for residential annexes: appeal
  166. 116BExemption for self-build housing: appeal
  167. 117Surcharge: appeal
  168. 118Deemed commencement
  169. 119CIL stop notices
  170. 120Appeal procedure
  171. 121Costs
  172. Part 10A: Reporting and monitoring on CIL and planning obligations
  173. 121AAnnual infrastructure funding statements
  174. 121BReporting by parish councils
  175. 121CAnnual CIL rate summary
  176. Part 11: PLANNING OBLIGATIONS
  177. 122Limitation on use of planning obligations
  178. 123Further limitations on use of planning obligations
  179. Part 12: MISCELLANEOUS AND TRANSITIONAL PROVISIONS
  180. 124Payment of CIL by the Crown
  181. 125Enforcement in relation to the Crown and Parliament
  182. 126Service of documents: general
  183. 127Service of documents on the Crown and Parliament
  184. 128Transitional provision: general
  185. 128ATransitional provision: section 73 of TCPA 1990 applications
  186. 128BTransitional provision: article 18(1) of DMPO applications
  187. 129Transitional provision: charging schedule ceases to have effect
  188. Signature
  189. Schedule 1: Calculation of chargeable amount etc
  190. Part 1: Standard cases
  191. 1Chargeable amount: standard cases
  192. 2Chargeable amount: outline permissions where first permits date is after new charging schedule
  193. Part 2: ‘Amended’ planning permissions
  194. 3Chargeable amount etc: ‘amended’ planning permissions
  195. 4Amount of CIL payable: section 73 permissions which increase liability
  196. 5Amount of CIL payable: section 73 permissions which reduce liability
  197. Part 3: Calculation of social housing relief
  198. 6Social housing relief: calculating qualifying amount
  199. Part 4: Pre-CIL permissions ‘amended’ when CIL is in effect
  200. 7Amount of CIL payable: pre-CIL permissions ‘amended’ when CIL is in effect
  201. 8Transitional cases: pre-CIL phased permissions ‘amended’ when CIL is in effect
  202. Part 5: Pre-CIL permissions ‘amended’ when CIL in effect: appeal
  203. 9Pre-CIL permissions ‘amended’ when CIL in effect: appeal in relation to notional relief
  204. Schedule 2: Matters to be included in the annual infrastructure funding statement
  205. 1Paragraph 1
  206. 2Paragraph 2
  207. 3Paragraph 3
  208. 4Paragraph 4
  209. 5Paragraph 5
  210. Explanatory note