Community Infrastructure Levy

CIL process

The Community Infrastructure Levy (CIL) is a non-negotiable charge on certain types of development. It is charged at different rates dependent on the proposal and its location within the City of York, in accordance with the rates/sqm set out in the council's adopted CIL Charging Schedule.

This page directs you to which forms to submit and when you should submit them, as part of the submission of a planning application.

All CIL forms are available for download from Planning Portal.

Step 1 - Planning application

When submitting a planning application, part of your submission must include CIL Form 1: Additional Information. The details in this form will enable us to establish whether or not your development is liable for a charge, and if so to calculate it accurately from the floor space areas you provide.

If you don’t need to pay CIL, we’ll let you know.

Step 2: Liability

If you get planning permission for works identified as chargeable development, the council will issue a Liability Notice as soon as is practicable after a planning decision has been issued. This will state the amount of CIL that the development will be liable to pay.

If you don't agree with the amount you need to pay, you can ask us to recalculate the charge. You need to contact us within 28 days of receiving your Liability Notice for us to recalculate it.

If you still don't agree with the charge, you can appeal within 60 days of receiving your Liability Notice. Appeals are dealt with by the Valuation Office Agency (VOA). Find out how to appeal CIL on GOV.UK.

After receiving the Liability Notice, you should complete and submit CIL Form 2: Assumption of Liability. This form confirms who is responsible for paying the CIL charge relating to the development. If it is not returned, then the charge will default to the registered landowner and additional costs may be applied.

If there have been any changes of circumstances regarding the liability of the person or party who has assumed liability to pay CIL, you will need to submit either a CIL Form 3: Withdrawal of Assumption of Liability or CIL Form 4: Transfer of Assumed Liability before the final payment of CIL is due. After commencement, you cannot withdraw liability and must instead transfer liability to another person by submitting a Transfer of liability form.

A revised liability notice can be issued at any point, and this will supersede the previous one.

Step 3 - Exemptions

The regulations provide for a number of types of development that are exempted from payment of CIL. In addition, there are some circumstances where you can claim relief from the payment of CIL. You can check if you are eligible for relief or an exemption from CIL on Planning Portal.

Depending on the type of exemption you need, you will need to submit the relevant form from the list below.

CIL Form 7: Self Build Exemption Claim Form - Part 1

CIL Form 8: Residential Annex Exemption Claim Form

CIL Form 9: Residential Extension Exemption Claim Form

CIL Form 10: Charitable and/or Social Housing Relief Claim Form

CIL Form 13: Further Exemption Claim

Even if you consider that your development, or part of it, is eligible for exemption or relief from CIL, you still need to submit the appropriate forms within the required timeframe. Anyone applying for a CIL relief/exemption must first assume liability for CIL by submitting a CIL Form 2: Assumption of Liability before development commences.

We cannot process requests for relief retrospectively after commencement. If you do not submit the appropriate relief/exemption form, you will pay the full CIL amount plus a surcharge, even if your development qualifies for exemption.

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 supersede any previous liability notice we have sent.

Step 4 - Commencement and payment

Before development commences, you must complete and submit CIL Form 6: Commencement Notice. This form lets us know when your development is going to commence and will form the basis of the date that your CIL payment is due. This form must be returned no later than one day before development commences. If it is not returned a penalty will be added and full payment will be due immediately.

If you are claiming relief from payment, then you at this stage must have also returned any applicable forms to claim relief or exemption for your development.

For cases where planning permission is not required (for example permitted development applications or prior notification processes) but CIL is payable, you must submit CIL Form 5: Notice of Chargeable Development Form before work commences.

When we receive your Commencement Notice, we will send you a Demand Notice, which confirms:

who is liable to pay
how much must be paid
any reliefs or surcharges payable
the dates on which the payments are due

The levy is payable from the date development commences.

Step 5 - Completion

If you have applied for a self-build exemption, the liable person must submit CIL Form 7: Self Build Exemption Claim Form - Part 2 within six months of completion of self-build housing.

You will 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.

Step 6 - Disqualifying events

If something occurs that disqualifies you from your exemption, you need to notify us within 14 days of the day the disqualifying event occurred. If we are not notified, surcharges will apply.

Disqualifying events include letting out a residential annex that had received annex relief within the clawback period of 3 years or selling a property which had received self-build relief within 3 years of completion.

For all disqualifying events, refer to these CIL regulations on the UK Legislation website:

Also see

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