Community Infrastructure Levy (CIL)—social housing relief
Community Infrastructure Levy (CIL)—social housing relief

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

  • Community Infrastructure Levy (CIL)—social housing relief
  • Context
  • Mandatory social housing relief—regulation 49
  • Discretionary social housing relief—regulation 49A
  • Qualifying communal development—regulation 49C
  • Social housing relief—procedure
  • Carry over of relief for section 73 permissions
  • Withdrawal of social housing relief
  • Social housing relief information notice
  • Default liability in relation to CIL payments
  • more

Context

Community Infrastructure Levy

The Community Infrastructure Levy (CIL) is a development charge which local planning authorities, designated as charging authorities under Part 11 of the Planning Act 2008, are entitled to charge on development taking place in their area.

Where a charging authority has decided to charge CIL, it must adopt a charging schedule setting out the rates at which it will levy the charge. Any planning permission granted, or deemed to be granted under general permitted development rights after the date of adoption of the authority’s charging schedule will then be liable for CIL, unless one of several exemptions or reliefs applies. This Practice Note deals exclusively with social housing relief. For other reliefs and exemptions, see Practice Notes: Community Infrastructure Levy (CIL)—exemptions for minor development, residential annexes and extensions and self-build housing, Community Infrastructure Levy (CIL)—exceptional circumstances relief, and Community Infrastructure Levy (CIL)—exemptions and relief for charities.

The CIL regime is governed by the Community Infrastructure Levy Regulations 2010 (the CIL Regulations), SI 2010/948. The CIL Regulations are based on the concept of a ‘chargeable development’. This is defined in CIL Regulations, SI 2010/948, reg 9 as the development for which planning permission is granted, except in certain specified cases (for example, where planning permission is granted by way of permitted development rights, the chargeable development is the