Liable developments

Any planning decision, including those made on appeal, determined on or after 1 October 2018 may be liable for the Community Infrastructure Levy (CIL). The relevant date is the date application is determined, not when it was submitted.

Liable developments

• new build residential floor space of more than 100 square metre including retirement and extra care homes, measured by gross internal area (GIA)
• the creation of a new dwelling even if less than 100 square metre
• the conversion of a building to residential that is no longer in lawful use
• the creation of more than 100 square metre of new build floor space for retail development

CIL is applicable on all buildings regardless of the type of planning permission used to grant permission. CIL charges are applicable where planning permission is granted by way of permitted development when a certificate of lawfulness is issued, and prior notification. Any structure with 3 or more walls and a roof is considered to have ‘internal’ floor space and is chargeable.

A change of use of a building that has not been in its lawful use for more than 6 continuous months in the previous 3 years from the date planning permission is first granted, is CIL liable. However, the gross internal floor space of any existing buildings on the site that are going to be demolished or reused which have been in their lawful use, may be deducted from the calculation of the CIL liability.

A change of use of floor space where a self-contained residential unit will be formed is also chargeable if the existing continuous use claim (above) cannot be demonstrated.

The responsibility to pay the levy rests ultimately with the landowner where the liable development will be situated. Although liability rests with the landowner, the regulations recognise that others involved in a development may wish to pay. To allow this, anyone can come forward and assume liability for the development. However, if no one comes forward it will default to the landowner. We'll send the liability notice to all interested parties.

Developments not liable

• Development, for example an extension to an existing dwelling where the gross internal area of the new build floorspace is less than 100 square metre. This doesn't apply to the creation of one or more dwellings
• Applications which involve only a change of use, conversion or subdivision of, or creation of mezzanine floors within a building which has been in lawful use for at least six months in the 3 years prior to the development being permitted and doesn't create any new build floorspace
• Any structure which doesn't have a roof and has less than three walls such as an open balcony and open fire escapes
• A building into which people don't normally go, or go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery
• Structures which are not a building, such as pylons or wind turbines
• Temporary consents and temporary structures aren't CIL liable. These include mobile homes and caravans, and any ancillary buildings required to support them like day rooms

Not chargeable

• Development which benefits from a zero or nil charge (£0/m2) as set out in our Maidstone's CIL Charging Schedule
• Applications which are determined and planning approval  given before to 1 October 2018
• Reserved matters applications resulting from an outline planning permission that's been granted before CIL was introduced on the 1 October 2018, are not liable for CIL
• Any development where the total chargeable amount is less than £50 deemed as zero rated

Pre-application advice

We offer a pre-application service which can include advice regarding CIL. We'll assess your proposal and give advice on any potential CIL liability.

Permitted developments

Permitted Development (development that doesn't require planning permission from us) may be CIL liable if it's over 100 square metre. If you intend to commence development under General Consent you must submit a CIL Form 5 - Notice of Chargeable development to us before the development has started. The CIL charge will then be calculated and applied as though we've granted planning permission. Whilst the development may be CIL liable because of its size, it may also be eligible for an exemption.

Lawful development certificates

If the application is for something that's already been built before 1 October 2018 and is successfully given a lawful development certificate, then this won't be CIL liable. If it's refused, you'll need to apply for retrospective planning permission and submit Form 1: Additional Information form from the public access portal. It will then be assessed as if the development hadn't been built.

If the application is to confirm something that meets the CIL criteria and was completed after 1 October 2018, and the use falls within MBC’s CIL Charging Schedule, it will be CIL liable and payment will be due immediately. There would be no 60-day window to pay as it would have ‘commenced’ without a commencement notice. The regulations also state that no exemptions would be allowed.

If the application is for something proposed for the future you can apply for a Lawful Development Certificate. If it's for development which meets the Charging Schedule criteria it'll be CIL liable and you are required to pay before commencement. See Permitted Development below.

If you choose to apply for a Lawful Development Certificate then applicants are required to submit a Form 1 – Additional Information form with their submission. If the development is liable you should also submit Form 2- Assumption of Liability at the same time. We'll then issue a liability notice.

Prior notifications

If the Prior Notification application is for approval for the conversion or change of use of a building into a self-contained residential dwelling(s), CIL will be chargeable on the new dwellings. On approval of the Prior Notification, you must submit to us Form 5 – Notice of Chargeable Development before you start development. If you can demonstrate evidence as requested on Form 5 that the building has been in its lawful use (i.e. its planning use as an agricultural building used for agricultural purposes or a stable for stabling horses) for a continuous period of 6 months in the last 3 years ending on the date of the prior notification approval, then the existing floor space in its lawful use which will be retained or demolished will be deducted from the CIL charge. New floor space added to the new dwelling however will be chargeable. You may be eligible for relief or exemption from CIL, but you must apply for it before starting any work on the development.