Q&As

Defining 'Lawful Use' for CIL Offset on Demolished Buildings

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Published on: 27 April 2020

When calculating liability for community infrastructure levy, existing ‘in use’ buildings that will be demolished for the new build can be offset. How can ‘in lawful use’ be defined in respect of outbuildings/sheds etc? Can these be included on a demolished area and how do they prove to be ‘in use’? Can all outbuildings be included regardless of what they are storing and whether they have foundations/doors?

In most cases, the amount of community infrastructure levy (CIL) that is payable is calculated by multiplying the additional gross internal area resulting from the development by the rate for a particular development type. The rate is set out in the relevant charging schedule. Collecting authorities must also apply an index of inflation to keep the CIL rate responsive to market conditions.

The term gross internal area (GIA) is not defined in the Community Infrastructure Levy Regulations (the CIL Regulations), SI 2010/948. It is a matter for charging authorities to determine what aspects of a development should be included in the calculation. However, it should be noted that when a case is submitted to the Valuation

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Jurisdiction(s):
United Kingdom
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Key definition:
Community infrastructure levy definition
What does Community infrastructure levy mean?

A financial charge which local planning authorities are entitled (but not obliged) to charge on development in their area. Liability is calculated by reference to the time when planning permission first permits development. The money raised is to be spent on local infrastructure.

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