CIL Calculations and Payment


Timing of CIL calculations

CIL is calculated at different times depending on the type of application.
 
CIL is calculated when the application is determine for:
  • Full applications,
  • Reserved Matters applications, and
  • Certificate of Lawful Development applications
CIL is calculated at the point at which the development commences for:
  • Prior Approval Notifications
As these are developments which are already permitted (by way of general consent).
In both cases, all liable parties will receive a CIL Liability Notice advising of the amount of CIL due, and how/when to make payment.

CIL calculation

CIL is calculated by multiplying the new floorspace that a development will be creating (sqm) by the relevant CIL rate set out in the CIL Charging Schedule. The measurements should include all floors of a building, not just the footprint. For example, for a new dwelling with a footprint of 100sqm with two floors, the total floorspace created would be 200sqm.

CIL payment

The liable party will need to submit a CIL Form 6: Commencement Notice to Cornwall Council. This is used to determine the date that payment becomes due. Cornwall Council has a CIL Instalment Policy. This sets out:

  • the number of instalments that can be made, and
  • the amount of CIL due in each instalment, based on the total amount CIL payable for the development.

Whether a development is able to pay CIL in instalments depends on the total amount of CIL that is payable. If a development is able to pay by instalments, then the Commencement Notice enables the Council to calculate each due date. The liable party (or parties) will be sent a Demand Notice setting out when each instalment is due.

Late payment and not following the correct process

Part 9 of the CIL Regulations sets out the powers that a CIL Charging Authority has in enforcing CIL payment. There are a range of penalties for not following the correct process. These include:
  • surcharges and interest applied to late payments, and
  • a number of mechanisms for recovering payments that are due, including court action

Detailed information on the enforcement process can be found on the government website.

Paying CIL

Details of how much to pay, when to pay it, and how to make a payment, will always be provided in the CIL Demand Notice that we issue to the liable party/ies. We will never ask for payment or provide bank account details via email. If you ever receive an email about your CIL payment which includes details of a bank account into which the payment should be made, please do not make the payment but contact the Infrastructure Team at cil@cornwall.gov.uk or 0300 1234 151.

Covid-19 and CIL payments

We will be continuing to process CIL matters and issuing Liability Notices as development is granted permission. Payment of CIL is triggered by commencement of development, so if development commences, CIL becomes payable.  A new Instalment Policy came into effect from 1 April 2020, which delays initial payment by six months and then allows six months in between payments.  Any development which commences whilst this Instalment Policy is in place, will have those payment terms applied and set out in the Demand Notice. If you have any queries about making payments, please contact the Infrastructure Team at cil@cornwall.gov.uk.

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