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Community Infrastructure Levy (CIL)

Last Modified April 22, 2021
 

The Community Infrastructure Levy (CIL) is a levy, introduced by the Planning Act 2008 as a tool for local authorities in England and Wales to help fund the delivery of infrastructure to support the development of their area. It came into force on 6 April 2010 through the Community Infrastructure Levy Regulations 2010.

Disclaimer: CIL is a statutory levy and we do not have powers (under the CIL Regulations) to waive any part of a CIL charge where there has been noncompliance. Failure to read and comply with the CIL Regulations 2010 (as amended) may result in substantial financial cost being incurred by yourself or your client.

CIL in Hertsmere

Hertsmere adopted CIL on 17 September 2014, with CIL coming into effect for planning applications approved from 1 December 2014. This followed endorsement of our Community Infrastructure Levy Charging Schedule by the planning inspectorate in December 2013. All planning applications determined may now be liable to pay CIL.

The following documents set out the Council’s CIL charging regime:

CIL Charging Schedule (649kb PDF)- sets out the CIL rates and charging zones

CIL Charging Map (482kb PDF) - shows the charging rate for each area of the Borough

CIL Instalment Plan (482kb PDF) - according to the amount of CIL payable, this sets out when payment to the council can be made, if an instalment plan is requested

CIL Rates

It is important to note that CIL rates are subject to indexation. The CIL rate (prior to 2020) was adjusted based on the national ‘all-in tender price index’ published by the Build Cost Information Service (BCIS). However, from 1 January 2020 local authorities in areas which charge the levy now use the RICS CIL index, in accordance with the CIL Regulation 2019 amendment.

Indexation is applied based on the date that planning permission is granted, not the date on which the application is submitted. For example, if you submit a planning application in October 2019 and permission is granted in January 2020, the development will be subject to the indexation rate as at January 2020.

In accordance with CIL Regulation 121C we are required to publish a statement in relation to the CIL rates for the following calendar year.

Annual CIL Rate Report 2021 (162kb PDF) - shows the CIL rates for applications granted between 1 January 2021 - 31 December 2021

Annual CIL Rate Report 2020 (160kb PDF) - shows the CIL rates for applications granted between 1 January 2020 - 31 December 2020

CIL Procedures and Forms

We recommend you read our CIL Procedures and Forms section carefully.  Most of the procedures are taken directly from regulations, which we are required by law to implement.  If you do not follow the procedures correctly, or submit forms on time, you could be liable to pay a financial penalty.

CON29 Searches

The council maintains a Community Infrastructure Levy (CIL) database. All CIL liable and CIL exempt applications are placed on the Local Land Register, as a Local Land Charge. A CON29 search will reveal the planning reference numbers of existing CIL applications and conveyance solicitors are expected to contact our CIL officer before completing a sales transaction, where there is a CIL encumbrance.

When a property is being resold, we will also need a CIL Transfer of Assumed Liability (Form 4) to be completed once the exchange of contracts has been completed. All enquiries should be directed to the Infrastructure and Delivery Team: cil.monitoring@hertsmere.gov.uk.

 If your CIL question has not been answered above, please get in touch by emailing cil.monitoring@hertsmere.gov.uk

 

 

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