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The Community Infrastructure Levy Regulations 2010 in England

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  55. 45Other discretionary charitable relief Repealed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