Do you need to pay the CIL?
What is CIL?
CIL is essentially a ‘tax’ on development, and is sought to support infrastructure needs arising from approved developments (eg school places, health and community facilities, transport networks). It is generally only payable on larger developments a short time after they have commenced works.
Community Infrastructure Levy (CIL) is a charge (or ‘tax’) that councils, authorities and the Mayor of London can apply to new developments like new houses or flats, residential extensions and commercial development. It is sought to support infrastructure needs arising from approved developments within the Borough (eg school places, health and community facilities, transport networks). Most new non-domestic development which creates net additional floor space of 100 square metres or more, or that which creates a new dwelling, is potentially liable for the levy. It is usually due a short time (usually 60 days) after a development has commenced, and so developments which do not commence will not have to pay the CIL.
CIL differs from financial planning obligations (S106), which are used to mitigate planning harm arising from the specific development itself.
CIL Liability in Kingston.
If you gain planning approval for a CIL liable development, then you will likely be liable for two CIL charges. Kingston CIL (KCIL) and/or th Mayor of London's CIL (MCIL).
When you apply for planning permission for a CIL Liable development you need to include a CIL form (Form 1) with details of the development. If permission is granted, we will then issue a Liability notice with further details and provide details on the next steps.
If you're developing using permitted development rights you still need to check whether there will be a CIL charge. You need to complete the CIL form and follow the same procedure. You can read more about CIL and permitted development rights on GOV.UKs Planning Practice Guidance.
The Kingston CIL came into force on 1st November 2015. This means if you receive planning permission from 1 November 2015 (no matter when your application was submitted) you may have to pay the Kingston ( and Mayoral) CIL.
Mayoral Community Infrastructure Levy
The Mayor first adopted a CIL charging Schedule in 2012 (MCIL1) charging at £35 per square metre (plus indexation) on CIL liable developments within the Royal Borough of Kingston upon Thames.
In February 2019, the Mayor adopted a new CIL charging schedule (MCIL2) charging at £60 per square metre (plus indexation) on CIL liable developments within the Royal Borough of Kingston upon Thames.
MCIL2 came into effect on 1st April 2019 which will supersede MCIL1 and the associated Crossrail Funding. MCIL2 will be used to fund various TFL projects including Crossrail 1 and Crossrail 2. This new rate will apply to all developments given planning consent on or after 1 April 2019.
CIL liable developments issued planning consent between 1st April 2012 - 31st March 2019 will be charged at the previous rate of £35 per square metre (plus indexation)
You can find out more about the Mayoral CIL, including the exceptions, from Transport for London and the Greater London Authority
Read more about the Kingston CIL, our consultation and the examination by an Independent Planning Inspector