Chargeable development types under Community Infrastructure Levy (CIL)
Development types that are liable to pay Community Infrastructure Levy (CIL).
The following types of development are liable for CIL:
- any new dwellings (including replacement dwellings), regardless of their size or tenure
- new residential buildings (such as extensions and annexes) where the gross new build floor area comes to more than 100 square metres
- new retail development where the gross new build floor area comes to more than 100 square metres
- a change of use from non-residential use, when the building in question has not been occupied in its lawful use for a continuous period of six months in the previous three years (the end point of the three years is taken from the date on which Planning Permission is granted)
- permitted development including prior approvals over 100 square metres - for more information see step 1 of the CIL process
- self-build, residential extensions and annexes that have failed to apply for an exemption prior to commencing works on site
Specific development types
The following table sets out which types of development may be liable for CIL, and whether relief or exemption from CIL might be available.
| Development type | Liable (Yes / No) | Relief available (Yes / No) |
|---|---|---|
| Structures which are not buildings | No | No |
| Buildings into which people do not normally go or go only intermittently | No | No |
| Conversions from single dwelling to two or more dwellings (no increase in gross internal area) | No - as long as it is used as a single dwelling house | No - as long as it is used as a single dwelling house |
| Conversions from a single dwelling to two or more dwellings (increase in gross internal area) | Yes | No |
| Change of use or conversion where there is no increase in floor area or any extension where existing floorspace has been in continuous lawful use | Possibly - depending on whether existing floorspace has been in continuous lawful use | No |
| Small developments of less that 100 square metres and no new dwellings | No | No |
| Less than 200 square metres of new mezzanine floorspace within existing buildings | No | No |
| Mezzanine in new building | Yes - if part of a new dwelling | No |
| Affordable housing (C3 and C4) | Yes | Yes |
| Residential extensions, including basements (C3 and C4) | Yes | Yes |
| Residential annexes (C3 and C4) | Yes | Yes |
| Self builders - residential (C3 and C4) | Yes | Yes |
| Charitable development - residential (C3 and C4) | Yes | Yes |
| Mobile homes | Yes | Yes |
| Log cabins | Possibly - depending on connectivity to services and 'movability' | Possibly - depending on connectivity to services and 'movability' |
| Buildings associated with mobile homes/caravans (C3 and C4) | Yes | No |
| Retail unit not in use (previously A1 to A5) | Yes | No |
| Retail unit in use (previously A1 to A5) | Yes | No |
| Business development - offices (previously B1a to B1c) | No | No |
| Business development - industrial (B2) | No | No |
| Business development - warehousing (B8) | No | No |
| Hotels (C1) | No | No |
| Residential institutions (C2 and C2a) | No | No |
| Community and all other uses | No | No |
Please see our CIL process page for information about what you need to do if you are liable to pay CIL, including links to the relevant forms.
Permitted development/prior approval developments and CIL
Development permitted under a 'general consent' (such as permitted development or prior approval) is CIL liable if it creates a new dwelling (even if this is through a change of use), or if it creates more than 100 square metres of new residential or Class A1-A5 use floor space.
If you intend to start development under a general consent and it is CIL liable you will need to submit a Form 5: Notice of Chargeable Development to the Developer Contributions Team before you commence development. This notice should be received and acknowledged by the Developer Contributions Team before any work commences on the site.
The notice must be accompanied by
- a plan which identifies the land to which the notice relates
- floor plans and elevations of any buildings in use on that land which are to be demolished before the completion of the chargeable development
- floor plans and elevations of any buildings in use on that land which will be part of the chargeable development on completion
- floor plans and elevations of any additional floorspace being created
- the description of the development which is the subject of the notice
- evidence that the existing floorspace has been in use for six months in the three years prior to the date of the submitted Form 5
If we are unable to determine the CIL liability from the information submitted, we may require further information.
If you are unsure if your development is CIL liable please contact the Developer Contributions Team at cil@westberks.gov.uk who will be able to advise further.
Share this page
