Community Infrastructure Levy (CIL)—enforcement
Community Infrastructure Levy (CIL)—enforcement

The following Planning guidance note provides comprehensive and up to date legal information covering:

  • Community Infrastructure Levy (CIL)—enforcement
  • Introduction
  • Common terms
  • Surcharges
  • Late payment interest
  • CIL stop notices and CIL warning notices
  • Recovery of CIL
  • Proceedings through the courts (debt claim)
  • Enforcing CIL as local land charge

Introduction

The Community Infrastructure Levy (CIL) is a charge levied in respect of development. The legislative basis for CIL is found in Part 11 of the Planning Act 2008 (PA 2008), which empowers the Secretary of State to make regulations providing for the imposition of CIL. Those regulations were made in the form of the Community Infrastructure Levy Regulations 2010 (the CIL Regulations), SI 2010/948. CIL applies to both England and Wales.

CIL is charged by ‘charging authorities’ in respect of certain development of land in their area and is collected by ‘collecting authorities’. For more information on charging and collecting authorities, and the circumstances in which CIL is charged on development, see Practice Note: Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid.

The CIL Regulations contain enforcement provisions, giving collecting authorities the power to issue a range of surcharges, stop notices, and if necessary to recover funds by appropriate legal action. Collection and enforcement arrangements are supported by the right to appeal certain decisions (see Practice Note: Community Infrastructure Levy (CIL)—appeals). The Planning Practice Guidance (PPG): Community Infrastructure Levy contains limited guidance on the enforcement provisions.

Common terms

The following terms used in this Practice Note should be read in accordance with their definitions in the CIL