Follow the CIL process
Stage 1 - establishing CIL liability
There are several stages in the CIL process. Once a development proposal had been finalised then you can determine if this is liable with the help of the online guide(s) linked below:
If you consider that your development is likely to be CIL liable, then you should submit CIL forms 1 and 2 along with your planning application.
Ultimately responsibility for determining CIL liability lies with council. As such, the council will assess approved planning (and related) applications and appeals and will establish CIL liability of a development through the issue of what is known as a CIL Liability Notice. This will occur as soon as practicable after the issue of the planning approval.
The council will set out calculations for the amount which would be owed on any Liability Notice that is served. Note, as outlined in the previous section, 2 charges (for Kingston and Mayoral CIL) will likely be listed.
This liability will also be registered with land charges (as required under the CIL regulations).
A note on indexation and ‘nil’ rates
Note that all published CIL rates are subject to a yearly indexation against the All-in Tender Price Index (published by the Building Cost Information Service). As such, the actual CIL rates (£/m2) for your development will likely exceed the published rates. A breakdown of this indexation will be set out in the calculations on any Liability Notice that is served.
Note that certain developments, such as educational and health facilities, have a nil rate for both Kingston CIL and Mayoral CIL (ie £0/m2) - and so technically would not be liable for any payments.
Challenging a Liability Notice
If you believe that we have made a mistake when issuing a Liability Notice then you can request that a senior officer review this in the first instance. This must be done within 28 days of the date of issue of the Liability Notice. If you are still unhappy with the outcome then you can submit an appeal to the Valuation Office Agency (VOA).