When we receive a commencement notice, we will issue a demand notice which will detail the amount of Community Infrastructure Levy (CIL) due. The notice will have a payment reference which you will need to quote when making the payment.
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Please include your payment reference from your notice otherwise we will not be able to match this to your account.
The CIL Regulations set a requirement that full payment of the levy charge will be made within 60 days of the commencement of the chargeable development. We have agreed that this will apply to payments of less than £250,000. For all those greater than £250,000, there will be an option to pay by instalments.
Late payment of CIL will incur a surcharge and any right to paying by instalment will be lost. All remaining CIL liability will then become due in full, to be paid immediately. This is set down in the legislation and we have no discretion.
Payment in kind
As stated in the charging schedule 4.10 and in accordance with Regulation 73 of the CIL Regulations, we may support the payment of part of a CIL liability in the form of one or more land payments. This will be subject to the following conditions:
- we must be satisfied that the land to be transferred would be appropriate for the provision of necessary infrastructure to support growth in the borough. It is entirely at our discretion to accept a land transfer in lieu of CIL.
- transfers of land as payment in kind in lieu of CIL will only take place in exceptional circumstances and is in addition to any transfer of land which may be required via section 106 agreements.
- the chargeable development must not have commenced before a written agreement with us to pay part of the CIL amount in land has been made. This agreement must state the value of the land to be transferred.
- the person transferring the land to the charging authority as payment must have assumed liability to pay CIL and completed the relevant CIL forms.
- the land to be transferred must be valued by a suitably qualified and experienced independent person as agreed with us. The valuation must represent a fair market price for the land on the day that it is valued and reflect the relevant purposes for which the land will be utilised.
- the land, subject to the transfer, must be free from any interest in land and encumbrance to the land, buildings or structures.
- the land, subject to the transfer, must be fit for a relevant purpose being the provision of necessary infrastructure to support growth in the borough.
- we may transfer the land, at no cost, to a third party for the provision of infrastructure.
Where there has been an overpayment of CIL we will pay this back as soon as is practicable. The exceptions to this are where:
- the overpayment would be less than administrative costs or
- no actual cash was received as the payment was in the form of land or infrastructure
For further information please contact us.