Community Infrastructure Levy Information for Landowners, Developers and Others
The CIL 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).
Please click here for Dartford's Easy Guide to CIL This informal note, in 'FAQ' style, outlines issues such: as who pays CIL, when to provide information and pay, relief availability; it also provides worked examples.
The current charge rate reflects the cumulative increases in construction costs in the years since the Dartford CIL Charging Schedule was adopted in April 2014. The new CIL rates for 2023 can be found in Dartford's Annual Community Levy Rate Summary 2024 document and will come into effect for Applications approved after 2 January 2024.
The CIL rates that applied for the 2022 and 2023 calendar years can be found in Dartford’s Annual Community Infrastructure Levy Rate Summary 2022 and Dartford's Annual Community Infrastructre Levy Rate Summary 2023.
Legal Responsibility for Payment:
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.
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.
You must serve the Council a commencement notice prior to commencing development. This has to state the date when construction will begin.
You should submit this Assumption of Liability Form (this will be required for some kinds of exemption of relief) to avoid the wrong person being identified as liable for CIL charges.
For a large sum, it may be possible to pay the charge over several instalments. 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.
This guidance should not be regarded as legal advice, or automatically updated. Further information is available via: Contact us Online or phoning 01322 343213.