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The Community Infrastructure Levy Regulations 2010 in Wales

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. 10Meaning of “collecting authority”
  12. Part 3: CHARGING SCHEDULES
  13. 11Interpretation and application of Part 3
  14. 11AExercise of Part 3 functions in anticipation that an MDC will be established
  15. 12Format and content of charging schedules
  16. 13Differential rates
  17. 14Setting rates
  18. 15Consultation on a preliminary draft charging schedule
  19. 16Publication of a draft charging schedule
  20. 17Representations relating to a draft charging schedule
  21. 18Withdrawal of a draft charging schedule
  22. 19Submission of documents and information to the examiner
  23. 20Consideration of representations by examiner
  24. 21CIL examination: right to be heard
  25. 22Joint examinations
  26. 23Publication of the examiner’s recommendations
  27. 24Correction of errors in examiner’s recommendations
  28. 25Approval and publication of a charging schedule
  29. 26Correction of errors in a charging schedule
  30. 27Effect of correction of a charging schedule
  31. 28Charging schedule: effect
  32. 28ACharging schedules: procedure in relation to a charging schedule ceasing to have effect
  33. 29Payment of fees and expenses of independent persons
  34. 30Recovery of costs incurred by the Secretary of State
  35. Part 4: LIABILITY
  36. 31Assumption of liability
  37. 32Transfer of assumed liability
  38. 33Default liability
  39. 34Apportionment of liability
  40. 35Apportionment of liability: information notice
  41. 36Default of liability
  42. 37Joint liability
  43. 38Interests held on trust
  44. 39Effect of death on assumed liability
  45. Part 5: CHARGEABLE AMOUNT
  46. 40Calculation of 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. 50Social housing relief: qualifying amount
  64. 51Social housing relief: procedure
  65. 52Social housing relief: disposal of land before occupation
  66. 53Withdrawal of social housing relief
  67. 54Social housing relief: information notice
  68. 54AExemption for self-build housing
  69. 54BExemption for self-build housing: procedure
  70. 54CExemption for self-build housing: completion of development
  71. 54DWithdrawal of the exemption for self-build housing
  72. 55Discretionary relief for exceptional circumstances
  73. 56Exceptional circumstances: notification requirements
  74. 57Exceptional circumstances: procedure
  75. 58Exceptional circumstances: procedure in London
  76. 58ZACarry over of relief in relation to certain section 73 permissions
  77. Part 7: APPLICATION OF CIL
  78. 58AInterpretation of Part 7
  79. 59Application to infrastructure
  80. 59ADuty to pass CIL to local councils
  81. 59BApplication of regulation 59A to land and infrastructure payments
  82. 59CApplication of CIL by local councils
  83. 59DPayment periods
  84. 59ERecovery of CIL passed in accordance with regulation 59A or 59B
  85. 59FUse of CIL in an area to which regulations 59A and 59B do not apply
  86. 60Reimbursement of expenditure incurred and repayment of loans
  87. 61Administrative expenses
  88. 62Reporting
  89. 62AReporting by local councils
  90. 63Infrastructure: amendment to section 216 of the Planning Act 2008
  91. Part 8: ADMINISTRATION
  92. 63ATransitional provision: when a MDC becomes the charging authority for an area
  93. 63BTransitional provision: when a MDC ceases being the charging authority for an area
  94. 64Notice of chargeable development
  95. 64APreparation and service of notice of chargeable development by collecting authority
  96. 65Liability notice
  97. 66Local land charges
  98. 67Commencement notice
  99. 68Deemed commencement of chargeable development
  100. 69Demand notice
  101. 69ASuspension of demand notice
  102. 69BInstalment policies
  103. 70Payment periods
  104. 71Payment in full
  105. 72Payment: general
  106. 72APayment: deferral
  107. 72BDeferral: payment of surcharge and interest
  108. 72CDeferral: information
  109. 73Payment in kind
  110. 73AInfrastructure payments
  111. 73BInfrastructure payments: notification requirements
  112. 74Payment in kind and infrastructure payments: further provision
  113. 74AAbatement : section 73 applications
  114. 74BAbatement: implementation of a different planning permission
  115. 75Overpayment
  116. 76Payments to charging authorities
  117. 77Duty to supply information to collecting authority
  118. 78Requests for information by collecting authority
  119. 79Use of information by collecting authority
  120. Part 9: ENFORCEMENT
  121. Chapter 1: SURCHARGES AND INTEREST
  122. 80Surcharge for failure to assume liability
  123. 81Surcharge: apportionment of liability
  124. 82Surcharge for failure to submit a notice of chargeable development
  125. 83Surcharge for failure to submit a commencement notice
  126. 84Surcharge: disqualifying events
  127. 85Surcharge for late payment
  128. 86Surcharge for failure to comply with an information notice
  129. 87Late payment interest
  130. 88Surcharges and interest: general
  131. Chapter 2: CIL STOP NOTICES
  132. 89Preliminary steps
  133. 90Service of CIL stop notice
  134. 91Withdrawal of a CIL stop notice
  135. 92Registration of a CIL stop notice
  136. 93Offence
  137. 94Injunctions
  138. Chapter 3: RECOVERY OF CIL
  139. 95Interpretation and application of Chapter 3
  140. 96Liability orders: reminder notice
  141. 97Application for liability order
  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