CIL Process and Forms

CIL Forms

Below you can find a list of all relevant CIL forms followed by an explanation on the full CIL process. Further advice is available from the Planning Portal website. Please send completed forms that have not been included with your planning application to CIL@cotswold.gov.uk.

The relevant forms are listed below:

Forms filled out on Planning Portal have an auto fill function which can calculate figures incorrectly. Always check your form is correct before submitting.

CIL Process

Step 1: Planning Application
As the CIL process begins when a planning application is submitted, the first form needs to be completed and submitted at the same time. It asks for details of new floorspace to be created by the development, and details of any floorspace to be demolished which can be offset against the new floorspace calculation. It is in your interest to provide this information, especially where there are existing buildings in use on your site, in order to ensure that the CIL calculations can be completed correctly.

You will need to submit any changes to details supplied on this form (i.e. change of address, phone number etc) before the development is commenced, again using the form above on the Planning Portal.

It is advisable to submit an assumption of liability form at the same time, in order to avoid delays in the future. For more information about liability, please see step 2.

In some cases, proposals liable for CIL can be commenced via ‘General Consent’ (i.e. Permitted Development). When this is the case it will be your responsibility to inform the Council, using Form 5 – Notice of Chargeable Development before commencement begins.

The only exception to this is when the new floorspace is less than 100m2. If you are unsure, please contact the Council.

Step 2: Liability
It is important that you inform the Council about who will be responsible for paying the CIL if permission is granted. A request for Form 1 will be sent out immediately after planning approval is issued, if it has not already been received.

If at any time during the process, you wish to withdraw or transfer liability of the charge (i.e. If you sell the site) then you need to complete and submit one of the following forms:

Once planning permission has been granted and liability has been assumed, the Council will issue a Liability Notice to all relevant parties (as well as the landowner, if the two are different). If any changes occur after the Liability Notice is issued, we will issue a revised notice that will supersede the previous one.

For Permitted Development (Prior Approvals), the Liability Notice is sent on receipt of the Form 5: Notice of Chargeable Development (see Step 1).

Step 3: Exemptions
The Regulations provide for exemption from CIL in the following circumstances:

  • Social housing developments
  • Charitable developments provided by a charity for charitable purposes
  • Self-build developments
  • Self-build residential extensions
  • Self-build residential annexes

Whilst the Regulations also permit local authorities to provide discretionary charitable relief, exceptional circumstances relief and discretionary social housing relief, Cotswold District Council is currently not proposing to make such relief available. The Council is committed to keeping this decision under review.

Warning: Relief is not automatically available; it must be applied for prior to commencement of development!

The completed form must be submitted to the Council prior to the commencement of development in order to obtain relief. The Council cannot process requests for relief retrospectively after commencement.

If any relief is granted, where relevant, we will be issue a revised Liability Notice to reflect any changes as a result of the relief. This will supersede any previous notice we have sent.

Step 4: Commencement and Payment
The regulations require the submission of a Commencement Notice by the liable party. Before the commencement of the development liable for CIL you must submit the following form:

It is vital that a Commencement Notice is submitted before development commences. The CIL Regulations provide that where a Commencement Notice has not been received before commencement, the liable person(s) will no longer be able to benefit from the Instalment Policy and the development will cease to be eligible for social housing relief or exemptions for self-build housing or annexes. In addition the Council may issue a surcharge of 20% of the liable amount or £2,500 whichever the lower amount.

Once we have received a Commencement Notice, the Council will issue a Demand Notice. This notice will detail who is liable, for how much, any reliefs or surcharges payable, and will also specify the dates on which the payments are due (in line with the regulations Part 8 Section 70 and the Council’s Instalment policy, whichever is relevant).

If you have not submitted a valid Commencement Notice before development commences the Council will determine a deemed commencement date and payment will be due in full on that date.

If there have been any changes of circumstances about the liability of the person/party paying CIL since Form 1 was submitted, the following form should be completed and submitted:

Please see our CIL Charging Schedule to calculate the Levy amount.

Step 5: Completion
If you have applied for a self-build exemption, within 6 months of completion of self-build housing the liable person must submit the following form

together with appropriate supporting evidence:

  • Proof of completion (building control compliance/completion certificate)
  • Proof of ownership (title and deeds)
  • Proof of occupation of the dwelling (Council tax certificate), and two further proofs of evidence (utility bill, electoral roll, bank statement).   

You will also need to provide one of the following:

  • An approved claim for a VAT refund for DIY housebuilders
  • A self-build warranty
  • An approved self-build mortgage

Failure to submit the appropriate form and evidence within 6 months of completion of the development will result in the withdrawal of the exemption and payment in full of the liable amount.

The CIL Regulations clearly set out the notification procedure so it is important that you follow this process, as we can apply surcharges for failure to notify the council of issues such as liability for CIL and commencement of development. All exemptions must be applied for prior to commencement.
The process required for collection arrangements is covered in CIL Regulations Part 8. The government has issued an information document on CIL collection and enforcement for further information.

Cotswold District Council
Trinity Road
Cirencester
Gloucestershire
GL7 1PX