16. CIL FAQs
1. Where can I find more information?
We suggest you read the following pages of the Planning Practice Guidance: https://www.gov.uk/guidance/community-infrastructure-levy#introduction
2. Where can I find Form 1 and Guidance Notes?
You can find Form 1 and Guidance notes on how to complete the form here.
3. What happens if I submit a subsequent s.73 application?
You will need to pay CIL on any additional floorspace created by the S.73 application.
4. What happens in the case of unauthorised development?
One of the functions of CIL is to combat unauthorised development. The following applies to any unauthorised development seeking a retrospective permission:
- The developer loses the right to pay by instalments and the CIL will be due immediately because works have commenced without a valid Commencement Notice being submitted. Under the CIL Regulations, ‘immediately’ means 30 days, after which a surcharge can be applied for late payment;
- No claims for self-build exemption can be made because such claims have to be submitted and acknowledged before commencement;
- Surcharges can be applied for failure to submit a valid Commencement Notice;
- Demolitions cannot be offset against the floor area of the new development because any buildings to be demolished must still be standing when the application is determined.