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) are required to pay Mayoral CIL (as of 1 April 2012) and Barnet CIL (as of 1 May 2013)

Mayoral and Barnet CIL rates

These are set out in the relevant Charging Schedules (2013 and 2022)

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 3 year 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 building is demolished and a new building erected

CIL will be payable on the floor-space minus the demolished area provided the building was in lawful use for six continuous months in the 3 year period prior to the permission being first permitted (i.e. - passes the Vacancy Test) and the building is on the land when the planning permission is granted.

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 and if the building is demolished before planning permission is granted.

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 calculations

CIL Rate  x Chargeable area

Planning obligations

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

CIL payment process

  1. 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.
  2. 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.
  3. At least the day before your expected commencement date, you will be required to notify us of your expected date of commencement by filling in the 'Commencement Notice' form, and sending it by email to cil@barnet.gov.uk. CIL will then be due within 60 days.  If you do not send us a commencement notice, the CIL will be due immediately.
  4. The Council will issue you with a demand notice once the commencement notice has been received.

Once payment has been received you will be issued with a receipt.

CIL and other planning related forms

Forms can be downloaded from the https://www.planningportal.co.uk/planning/policy-and-legislation/CIL/download-the-forms which also has some useful information and downloads. The most commonly used forms available for download:

CIL exemptions

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.

Relief

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 reliefs available are:

Charities - where development will be used wholly or mainly for 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.  Please see the government’s CIL guidance and the regulations for further information on Exceptional Relief. https://www.gov.uk/guidance/community-infrastructure-levy

Self Build Relief

Exemptions for residential annexes and extensions

Applications for relief must be made prior to commencement of development