Failure to pay CIL

If the Community Infrastructure Levy (CIL) is not paid or the process is not followed correctly, we will take action in order to recover the debt.

Part 9 of The CIL Regulations 2010 as amended in regulation 10 sets out the processes and enforcement powers of the charging authority, to ensure the smooth collection of the levy. The CIL regulations give us the ability to remove the instalment facility and to impose late payment interest and surcharges on the levy.

Sometimes we may believe that interest and late payment surcharges will be ineffective in securing payment of the overdue CIL or that writing to the liable person informing them of the surcharges and interest has not resulted in payment.

In these circumstances, we may decide to serve a CIL stop notice on the development. A stop notice prohibits development from continuing until payment is made. Once a notice is issued it is a criminal offence to continue with the development. Persistent failure to pay the levy can result in legal action being sought to recover the debt due by seizing and selling assets, or in an extreme cases result in three months imprisonment.

Penalties and surcharges

If you do not follow the CIL process, penalties and surcharges may be added. We will pursue debtors for non-payment in accordance with the CIL Regulations 2010 (as amended).

Demand Notices for surcharges for failure to follow the CIL process or for late payment interest, will be registered as a local land charge against the relevant land. This will be removed on receipt of full payment.