The Community Infrastructure Levy (CIL) is a charge collected on new developments to fund infrastructure improvements such as:
- roads and transport
- sport, recreation and open spaces
CIL generally applies to all proposals which add 100m2 of new floorspace or a new dwelling (please check the regulations or email us to check against the full list). This includes bringing vacant buildings back into use. The amount to pay is the increase in floorspace (m2) multiplied by the rate in the CIL charging schedule.
Forms, process and submission
In most CIL cases this is the process you will need to complete;
- Submit Form 1 (CIL Additional Information) and Form 2 (Assumption of Liability) when you submit your Planning application - If you plan on selling your development site prior to work commencing you will then need to complete Form 4 (Transfer of Assumed Liability)
- LPA will issue a Liability Notice
- Submit Form 7-13 (Various exemptions) if you feel you are exempt from the whole or some of the payment
- LPA will issue a grant or refusal of exemption
- Submit Form 6 (Commencement Notice) prior to any work starting on site
- LPA will issue a Demand Notice
- Submit payment
- LPA will issue an acknowledgement of payment
- Submit Form 7 (Part 2) if you have applied to self-build exemption
Charging schedules and indexation
Sutton collects two types of Community Infrastructure Levy: the Mayoral CIL and the Sutton CIL, the Mayoral CIL (MCIL) came into effect in April 2012 and has since been replaced with Mayoral CIL2, the council’s CIL (BCIL) came into effect in April 2014.
CIL charges are subject to indexation, which takes into account any changes in price between the time when charging schedules come into force and the time at which planning permission is granted. From January 2020 CIL indexing will be a fixed figure for each calendar year as introduced in the Community Infrastructure Levy (Amendment) (England) Regulations 2019 amendments, the figure is produced by RICS in collaboration with TfL and published in October of the previous year.
For an indication of how much CIL you will be liable to pay for a development you can use our CIL Calculator.
You can find details of Sutton's CIL Instalment policy, adopted from 1st June 2020, within the background papers below
Collection, monitoring and enforcement
The CIL payment process is set out in legislation and must be followed. Financial penalties may be applied for failure to do so. If a development is liable for the CIL and has commenced, payment is mandatory. There are strong enforcement powers and penalties for failure to pay, including stop notices, surcharges, late payment interest and prison terms.
CIL is also placed as a charge on the land and will only be removed once full payment (plus any additional surcharges/late payment interest) has been received for both Mayoral and Sutton CIL.
Sutton CIL yearly monitoring reports (published by December for the previous financial year)
Planning Obligations (S106)
Although CIL largely replaces planning obligations, for some infrastructure Planning Obligations (or Section 106 Agreements) are still required. This is set out in the council’s adopted Planning Obligations SPD.
For details of Sutton's live and historical S106 Agreements please use our Developer Contributions Database.