Community Infrastructure Levy:
The Community Infrastructure Levy (CIL) is a charge on development to contribute to funding infrastructure. It will help to pay for things such as schools, health facilities and transport improvements, necessary to support new development.
Please click here for Dartford's Easy Guide to CIL This document for the Borough, in 'FAQ' style, outlines issues such: as who pays CIL, when to provide information and pay, relief availability; it also provides worked examples.
The charge applies to most new development where new floorspace is proposed of 100 square metres or more or where a new dwelling is created. The amount payable will depend on the relevant rate(s) and the number of square metres of new Gross Internal Area (GIA) proposed. Some building works don't pay CIL (e.g. Buildings which people don't normally go into or only to perform maintenance/ conversions or mezzanines where no other development is proposed).
The current charge will reflect the cumulative increases in construction costs in the years since the Dartford CIL Charging Schedule was adopted in April 2014. Dartford’s Annual Community Infrastructure Levy Rate Summary 2021 including the Charging Schedule 2022 document sets out the details of the current CIL Charging rates.
The Dartford 123 List sets out the types of infrastructure projects which may be funded by CIL (and not the focus of Section 106 agreements).
Details of the developer contributions received through both CIL and Section 106 Agreements is now reported on an annual basis through Dartford's Infrastructure Statement which supersedes the previous annual CIL monitoring reports. The Infrastructure Funding Statement also sets out what the developer contributions have been used for and, where they remain unspent, what infrastructure is intended to be delivered using the contributions.
Further details of Government guidance on CIL can be found by following the links at the bottom of this page.
Legal Responsibility for Payment:
For accuracy and to minimise later complexity, the right information should be supplied to the Council. The charge will be calculated when planning permission is given, and must be paid when development commences. For a large sum, it may be possible to pay the charge over several instalments.
If your development is likely to be CIL liable you should complete the CIL Additional Information Form and submit this with your planning application . By using this additional information form, existing floorspace on the development site which is to be demolished or have change of use can be deducted against CIL liability. This floorspace will have to have been in continuous lawful use for 6 months in the last 3 years.
The Council must be served a commencement notice prior to commencing development. This has to state the date when construction will begin.
To avoid the wrong person being identified as liable for CIL charges, you should submit this Assumption of Liability Form (this will be required for some kinds of exemption of relief).
Payment by Instalment:
Where the amount of CIL liable is £100,000 or over, we allow payments to be made by instalments. The Instalment Policy sets the proportions and dates when payments are due in such circumstances.
Exemptions from the CIL Charge:
- Self-build homes - this includes where a contractor or housebuilder is commissioned to build a home by an individual for their own use. Claim Form Part 1 and Claim Form Part 2
- Residential annexes - Form 8
- Or extensions Form 9 within the grounds of an individual's home
Relief from the CIL Charge:
- Development by charities for charitable purposes (subject to meeting specific criteria)
- Affordable housing; an application for relief must be submitted by the landowner
- To seek relief for affordable housing or for development built for charitable purposes complete this Claim Form
The Council has enforcement powers; and penalties may apply if information is not supplied or payment is not made within the set time period.
CIL Background - National:
For general information about CIL generally and how it works please see the following:
- Community Infrastructure Levy Guidance
- the Government's website on CIL
- the Planning Portal
- the Planning Advisory Service's website
Further information is available from: Contact us Online or phone 01322 343213.