CIL Frequently Asked Questions
Will I have to pay CIL on my new development?
All new developments over 100 square meters or resulting in the creation of new dwelling (even if under 100/m2) will be required to pay Mayoral CIL (as of 1 April 2012) and Barnet CIL (as of 1 May 2013)
Mayoral and Barnet CIL rates
Mayoral CIL - £35/m2
Barnet CIL - £135/m2
Both Mayoral and Barnet CIL are payable for new developments in Barnet to the London Borough of Barnet.
Does CIL apply to existing buildings?
CIL will be charged for the additional floor-space, i.e. proposed new floor-space minus existing floor-space. However, in order to be eligible, existing buildings must be in lawful use for six continuous months in the 12 month period prior to the permission being first permitted (when the last pre-commencement condition is cleared). This is known as the Vacancy Test.
The amended regulations change the eligibility criteria for Vacancy Test intended to ensure that CIL only applies to the net addition of new floor space.
Under the updated test, buildings must have been in lawful use for six continuous months during the proceeding three years in order for the levy to be limited to net additions of floor space. Previously, a building had to have been in continuous lawful use for at least six of the previous 12 months.
CIL charges when a site is demolished and a new site erected
CIL will be payable on the floor-space minus the demolished area provided the site was in lawful use for six continuous months in the 12 month period prior to the permission being first permitted (i.e. - passes the Vacancy Test). If the new development has a lesser floor-space, then no CIL will be payable.
CIL will be payable on the entire floorspace of the new development if the demolished site does not pass the Vacancy Test.
Please note that site specific S106 Obligations may still apply, even if no CIL is payable. See below for more details about when S106 may apply.
CIL Rate x Chargeable area
Planning obligations will be applicable to an application if there are site specific unacceptable impacts which cannot be addressed by a planning condition. The following are issues that may be addressed by planning obligations:
- Affordable Housing
- Employment, Training, Skills and Town Centres
- Physical infrastructure (e.g. public transport or highways)
- Social infrastructure (e.g. education, community or health facilities)
- Green infrastructure (e.g. parks or energy requirements)
For more details, see section 2.3 of the Planning Obligations SPD - April 2013
Is there an overlap between CIL and S106?
No. Barnet Council has produced a Regulation 123 List which sets out the infrastructure that will be funded wholly or in part by CIL, the Council will not seek contributions through Planning Obligations in relation to such infrastructure.
CIL payment process
- The person or organisation responsible for paying the CIL should send us an 'Assumption of Liability' form whilst their planning application is being reviewed, unless the party liable for paying CIL is the planning applicant.
- The amount of CIL for each development will be notified in a Liability Notice intended to be issued by the council within one month of the Planning Permission is first permitted. If you believe the notice to be incorrect, there are forms and processes for requesting an amendment to the notice.
- At least two two weeks prior to your expected commencement date, you will be required to notify us of your expected date of commencement either by filling in the 'Commencement Notice' form, or by email to email@example.com. CIL will then be due within 60 days.
- The Council will issue you with a demand notice and invoice shortly before the date on which you are liable to pay for CIL.
Once payment has been securely banked you will be issued with a receipt.
CIL and other planning related forms
Forms can be downloaded from the Planning Portal website which also has some useful information and downloads. The most commonly used forms available for download:
Assumption of Liability
Claiming Exemption or Relief
Notice of Chargeable Development
No development is exempt from CIL. However certain types of development are liable for a
£0/m2 charge and other kinds of development are eligible to apply for relief.
Mayoral CIL - A zero rate charge applies to Education and Health related development.
Barnet CIL - A zero rate charge applies to all uses other than residential and retail developments (excluding their ancillary car parking)
A development is only able to claim relief if such relief meets particular criteria set out in the Regulations, see Community Infrastructure Levy Relief Guidance from the Department for Communities and Local Government. The criteria set out include:
Charities - where development will be used wholly or mainly for the defined charitable purposes can apply in relation to both Mayoral and Barnet CIL.
Social Housing - where it meets the agreed criteria for social housing can apply in relation to both Mayoral and Barnet CIL.
Exceptional circumstances - this form of relief is for truly exceptional cases and only applies in relation to Barnet CIL. Developments must be able to demonstrate they meet the following criteria and this be agreed by the Council:
- Existing Section 106 agreement of greater total value than the CIL liability,
- The scheme is made unviable by the combined impact of planning obligations and CIL, and
- Relief does not constitute a notifiable state aid.