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CIL process and forms to submit

Additional CIL forms which have not been submitted with your original planning application should be emailed to [email protected]. 

We have created a CIL Process Flowchart to help you go through the CIL process and submit the right forms at the right time.  

PDF Icon CIL Process Flowchart - pdf - 58 Kb

It is important that you follow this process, as otherwise surcharges may apply. All exemptions must be applied for prior to commencement. Continuous lawful use evidence must be submitted within 28 days of your liability notice. 

The step by step guide to the process tells you which form to submit when. The forms you may need are: 

See below links to forms for submission with a planning application in areas where Community Infrastructure Levy (CIL) is in place: 

  • Guidance note  - General guidance, assistance in form completion and next steps. 

Other CIL forms: 

 

The CIL process begins when a planning application is submitted, you need to submit 'Form 1: CIL Additional Information' with your planning application. 

The additional information form asks for details of new floorspace to be created by the development, and details of any floorspace to be demolished, which can be offset against the new floorspace calculation. It is in your interest to provide this information, especially where there are existing buildings in use on your site, to ensure that the CIL calculations can be completed correctly. 

If the application is CIL liable, 'CIL Form 2 – Assumption of Liability (PDF)' will be required at the same time.  

In some cases, proposals liable for CIL can be commenced with Permitted Development. When this is the case it will be your responsibility to inform the us using 'CIL Form 5 – Notice of chargeable development (PDF)' before commencement of development (including demolition) begins. 

It is important that you inform us about who will be responsible for paying the CIL if permission is granted. 'Form 2: Assumption of Liability' needs to be submitted before validation of your planning application.  

If at any time during the process, you wish to withdraw or transfer liability of the charge for example, if you sell the site then you need to complete and submit either 'Form 3 withdrawal of assumption of liability' or 'Form 4: Transfer of Assumed Liability’. 

Once planning permission has been granted, we will issue a Liability Notice to all relevant parties (as well as the landowner, if the two are different). If any changes occur after the Liability Notice is issued, we will issue a revised notice that will supersede the previous one. 

The CIL regulations provide for a series of exemptions and reliefs from CIL. 

If you have assumed liability to pay the CIL (Form 2: Assumption of Liability), you can apply by submitting the form relevant to you: 

  • Mandatory Charitable Relief is for charitable institutions. A charitable institution which owns a material interest in the land will get full relief from their share of the liability where the chargeable development will be used 'wholly, or mainly, for charitable purposes’. 
  • Mandatory Social Housing Relief is a mandatory relief that applies to most social rent, affordable rent, and intermediate rent properties provided by a local authority or Private Registered Provider, and shared ownership dwellings. Please see CIL regulation 49 for a full list of qualifying criteria. 

West Oxfordshire District Council does not offer discretionary charitable relief, exceptional circumstances relief and discretionary social housing relief. 

Reliefs and exemptions are not automatically available; they must be applied for before the start of development. 

We cannot accept relief claims once the development has commenced. Note that the CIL regulations allow for an exception to this rule for Section 73 permissions (variation of conditions) where you already have received relief on the original permission. Please use CIL Forms 12 (for charitable or social housing relief) or 13 to request the relief to also be applied to your Section 73 permission. 

If any relief is granted, where relevant, we will issue a Revised Liability Notice to reflect any changes as a result of the relief. This will then supersede any previous Liability Notices that we have sent. 

The regulations require the submission of 'Form 6 Commencement Notice' by the liable party before starting the development. 

It is vital that a Commencement Notice is submitted before development starts. The CIL Regulations provide that where a Commencement Notice has not been received before commencement, those liable will no longer be able to benefit from the Instalment Policy. 

In addition we may issue a surcharge of 20% of the chargeable amount or £2,500, whichever is the lower amount. For developments benefiting from relief where a commencement notice is required, a surcharge of 20% of the notional chargeable amount (so the amount before the relief is applied) or £2,500 whichever is the lower amount. 

Once we have received a Commencement Notice, we will issue a Demand Notice. This notice will detail who is liable, for how much, any reliefs or surcharges payable, and will also specify the dates on which the payments are due. In line with the regulations Part 8 Section 70 and our Instalment policy, whichever is relevant. 

Warning: If you have not submitted a valid Commencement Notice before development starts we will determine a commencement date and payment will be due in full on that date. 

If you are applying for (part) retrospective planning permission, the development will be deemed to have commenced on the day permission is granted. You will not be able to submit a Commencement Notice as the development has already commenced and surcharges will be applied accordingly. 

For developments where extension relief has been granted or where the liable amount is £0 before any relief is applied, no commencement notice is required. 

If you have applied for a self-build exemption, within six months of completion of self-build housing the liable person must submit 'Form 7 self build exemption notice part 2'. 

You will also need to provide the following:  

  • proof of completion (building control compliance or completion certificate) 
  • proof of ownership (title and deeds) 
  • proof of occupation of the dwelling (Council tax certificate), and two further proofs of evidence (utility bill, electoral roll, bank statement).    

You must also include one of the following: 

  • an approved claim for a VAT refund for DIY housebuilders 
  • a self-build warranty 
  • an approved self-build mortgage 

Failure to submit the appropriate form and evidence within six months of completion of the development will result in the withdrawal of the exemption and payment in full of the liable amount. 

If for any reason you are unable to supply the relevant information, please get in contact with us as soon as possible.  

Step 6: Disqualifying events +  

If something occurs that disqualifies you from your exemption, you need to notify the Council within 14 days of the day the disqualifying event occurred, otherwise surcharges will apply. 

Disqualifying events are things like letting out a residential annex that had received annex relief within the clawback period of 3 years, selling your property which had received self-build relief within 3 years of completion. 

Please see CIL regulations 42C, 48, 53, 54D, and 57 for all disqualifying events or if you're unsure, email [email protected]. 

 

 

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