Follow the CIL process

The Council will usually serve Liability Notices on the applicant along with any other parties identified in the application form as having the required leasehold or freehold interest in the land.

However, the regulations do require that the party(ies) liable for paying any CIL charge (usually the landowner/developer) identify themselves through the submission of Form 2 prior to the commencement of any works. To ensure that all documentation goes to the correct party(ies) at the earliest possible stage, we recommend that this be established (and Form 2 be submitted) as early as possible (ideally at the planning application submission stage). 

If this step is not completed prior to commencement, then liability will default to any parties with a freehold interest (or any substantive leasehold interest) in the land. In addition, a surcharge will likely be levied. 

Similarly, if the liable party subsequently changes (eg due to the the sale of the land), then liability can be withdrawn or transferred through the submission of the forms below.  

• Planning Portal's withdraw assumed liability form
• Planning Portal's transfer assumed liability form

Post Commencement Restrictions 

Once work starts on the development then liability cannot be withdrawn, but can still be transferred - this can occur up to when final payment of the CIL is due.

If the process above is not completed, then a surcharge will likely be levied. Additionally, any relief that the development may qualify for will not be able to be transferred to any new liable party(ies) - see next section.