The Community Infrastructure Levy (CIL) is a charge levied on the net increase in floor space arising from development in order to fund infrastructure that is needed to support development in the area.
CIL runs alongside Section 106 Agreements (S106s) which will continue to operate.
The Borough CIL Charging Schedule, Instalments Policy and Regulation 123 List came into effect on 6 April 2015 and a CIL Calculator has been made available to assist in estimating potential CIL liabilities:
Archived information relating to these documents can be found on the CIL Archive webpage.
Borough CIL Charging Zone Maps
The below maps are provided to clarify the Borough CIL Charging Zone boundaries set out in the Charging Schedule:
Mayor of London's 'Mayoral' CIL
The Mayor of London is currently charging CIL across the whole of Greater London to help fund Crossrail with the rates in the Royal Borough of Kensington and Chelsea set at:
Development used wholly or mainly for the provision of any medical or health services except the use of premises attached to the residence of the consultant or practitioner
Development used wholly or mainly for the provision of education as a school or college under the Education Acts or as an institution of higher education
All other uses (Royal Borough of Kensington and Chelsea)
Further information on the Mayor of London’s CIL is available from the Greater London Authority (GLA)'s webpage:
What pays CIL?
CIL may be payable on development which creates net additional floorspace, where the Gross Internal Area (GIA) of new build exceeds 100m2. That limit does not apply to new dwellings, and the charge can be levied on a single house or flat of any size, unless it is built by a ‘self builder’.
What does not pay CIL?
- Development of less than 100m2 – unless this is a whole dwelling, in which case, the levy is payable;
- Houses, flats, residential annexes and residential extensions which are built by ‘self-builders’;
- Social housing that meets the relief criteria;
- Charitable development that meets the relief criteria;
- Buildings into which people do not normally go;
- Buildings into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery;
- Structures which are not buildings, such as pylons and wind turbines;
- Specified types of development which local authorities have decided should be a ‘zero’ rate and specified as such in their charging schedules; and
- Vacant buildings brought back into the same use.
Where the CIL liability is calculated to be less than £50, the chargeable amount is deemed to be zero so no CIL is due.
Mezzanine floors of less than 200m2, inserted into an existing building, are not liable for the CIL unless they form part of a wider planning permission that seeks to provide other works as well.
A CIL Calculator is provided by the Council to assist in estimating potential CIL liabilities. A completed CIL Calculator is recommended to be submitted as part of a planning application for CIL-liable development accompanied by a CIL Form (see below section).
CIL forms and procedures
There are certain important statutory responsibilities for person(s) liable for CIL. Further information is available from national government websites:
The key steps are summarised below:
STEP 1 Submitting a planning application: the CIL Form and CIL Calculator
Full details on submitting an application can be found on the Council’s dedicated webpage. Note 24 of the Local Validation Checklist covers Planning Contributions and includes a recommendation to submit a CIL Form accompanied by a completed CIL Calculator with a planning application where there is any net increase in floorspace or where all of the existing floorspace is ‘vacant’.
STEP 2 Planning permission: the CIL Liability Notice
CIL is charged on new development. Normally this requires planning permission from the Council, the Planning Inspectorate or the Secretary of State on appeal. CIL may also be payable on permitted development.
Normally, shortly after planning permission is granted, the Council will serve a CIL Liability Notice, clarifying the amount of CIL that is liable for that development (excluding indexation for inflation).
STEP 3 Who is liable for CIL?: the Assumption of Liability Form
Landowners are ultimately liable to pay CIL, but anyone involved in a development may take on the liability to pay.
The party intending to assume liability for CIL must submit an Assumption of Liability form to the Council before the development commences.
This step could be undertaken alongside any earlier steps.
STEP 4 Claiming Exemption or Relief from CIL
The CIL Calculator helps to determine whether the development is eligible for exemption or relief from CIL. If exemption or relief is sought, the party claiming exemption must submit the appropriate forms (below) and receive a notification of the Council’s decision whether to grant or not grant relief before the development commences.
This step could be undertaken alongside any earlier steps.
STEP 5 Commencing development: the CIL Commencement Notice and the CIL Demand Notice
The relevant party must submit a CIL Commencement Notice to the Council confirming the date on which the development will commence before the development commences.
Shortly after the date on which the development commences, the Council will serve a CIL Demand Notice, clarifying the amount of CIL that is payable for that development (including indexation for inflation).
STEP 6 Paying CIL
Normally, CIL is payable within 60 days of the development commencing / the CIL Demand Notice but it may be possible to pay in instalments if the Council’s Instalments Policy allows for this.
If the Council has sent you a CIL Demand Notice and an Invoice, you can make your payment by visiting the Accounts Receivable webpages and using the 8-digit Invoice Number which should have been issued to you.
Other forms and websites
Other useful forms and websites include:
Planning & Borough Development
Town Hall, Hornton Street, W8 7NX
Tel 020 7361 3012
Page updated December 2015