Community Infrastructure Levy requirements and process
What is the Community Infrastructure Levy?
The Community Infrastructure Levy (CIL) is a levy which the Council may charge on new developments in the District.
The money raised will help the Council pay for infrastructure such as schools, transport, parks, open spaces and other community facilities required to support new housing and economic development in the District.
The Bradford District Community Infrastructure Levy Charging Schedule was formally approved by Full Council on 21 March 2017 and took effect from 1 July 2017. More information about the formal examination and adoption process can be found on the CIL Examination page.
In accordance with Council's Charging Schedule, the following types of development are liable for Community Infrastructure Levy:
- Any residential development of 1 new dwelling or more
- Residential extension/annexes over 100 sq m in size (gross internal floor area) including those that are permitted development
- Supermarket over 2000 sq m in size (use class A1)
- Retail warehouse (use class A1) central Bradford
You can calculate your potential Community Infrastructure Levy liability using the interactive CIL charging zone map and online CIL calculator.
Residential development permitted under a 'general consent' such as permitted development or prior approval is also liable for CIL. There is a separate CIL process for permitted development proposals.
CIL Forms and Process for Planning Applications
If your planning application is potentially liable for CIL, the following process applies:
- Stage 1: Submitting your planning application and CIL additional questions form
- Stage 2: Assuming liability
- Stage 3: Issue of CIL liability notice
- Stage 4: Commencement notice
- Stage 5: Paying the CIL
Stage 1: Submitting your planning application and CIL additional questions form
If your proposal is potentially liable for CIL, you must submit the CIL Additional Information Requirements Form in with your planning application in order for it to be validated.
The information supplied on this form will help the Council determine whether or not CIL is payable, and calculate the CIL amount due (If the Council then deems the application not to be liable for the CIL the following steps will not apply).
More information about the CIL charge is calculated can also be found on the Cil Charging schedule and how to calculate CIL charges page.
Stage 2: Assuming liability
Before starting work on a CIL liable development an Assumption of Liability form must be submitted to the Council. This form will tell the Council who will be responsible for paying the CIL charge.
Whilst the Assumption of Liability Form may be submitted at any time between submission of the planning application and commencement of the development, we recommend that it is submitted with your application.
If this notice is not submitted prior to commencement then the default person who will be liable to pay is the landowner(s).
Withdrawing or transferring liability
CIL liability can be withdrawn or transferred to another person at any time, prior to the commencement of development using the forms below:
Claiming exemption or relief
Any application for exemption/relief from CIL must be made by completing the relevant Claiming Exemption or Relief form. This can be done at any point between submission of your application for planning permission and starting work on the development.
- Form 7: Self Build Exemption Claim Form Part 1 (PDF)
- Form 7: Self Build Exemption Claim Form Part 2 (PDF)
- Form 8: Residential Annex Exemption Claim Form (PDF)
- Form 9: Residential Extension Exemption Claim Form (PDF)
- Form 10: Charitable and/or Social Housing Exemption Claim Form (PDF)
- Form 11: Exceptional Circumstances Relief Claim Form(PDF)
- Form 12: Further Charitable and/or Social Housing Exemption Claim Form (PDF)
- Form 13: Further Exemption Claim Form (PDF)
- Form 14: Phase Credit Application Form (PDF)
Stage 3: Issue of CIL liability notice
When planning permission is granted for CIL liable development, the Council will issue a CIL Liability Notice to the applicant, developer, and whoever has assumed liability for the scheme as soon as possible after the decision notice is issued. Where planning permission is granted on appeal, the CIL Liability Notice will be issued as soon as possible following the appeal decision and the receipt of the Assumption of Liability Notice.
The CIL liability notice will set out the CIL charge due and details of the payment procedure. Further information on how CIL is calculated can be found in the Charging Schedule.
If you consider that the amount has been incorrectly calculated then you can request a review of the chargeable amount, within 28 days of the date on which the liability notice was issued. If following this review you still consider that this amount is incorrect you may submit an appeal to the Valuation Office Agency.
Stage 4: Commencement notice
At least one day before the development starts, a Commencement Notice must be submitted to the Council. This notice informs us when the development is going to commence, and forms the basis of the dates that CIL payments will become due.
Failure to submit this notice may result in you losing the ability to pay the levy in instalments and you may also incur a surcharge and could nullify any exemption or relief from the CIL.
Stage 5: Paying the CIL
Once the Commencement Notice has been received, the council will issue a Demand Notice and invoice to whoever has assumed liability to pay CIL. It will set out the amount and the date when the CIL needs to be paid.
If no-one has assumed liability to pay CIL before the Demand Notice is issued, liability will default to the landowner(s).
CIL will become due from the date the development commences. Whoever has assumed liability for CIL must pay the charge in accordance with the Council’s CIL Instalment Policy.
If the CIL is not paid on time or not in accordance with the council’s policies the council has a range of penalties and enforcement powers including surcharges, stop notices and court orders. You will also not be able to pay in instalments so the total amount will immediately become due. Appeals related to enforcement (surcharges, commencement notices and stop notices) should be submitted to the Planning Inspectorate.