Do you need to pay the Community Infrastructure Levy?

Common developments and their CIL

Get an idea of whether you'll need to pay

If you're developing in Kingston upon Thames you may need to pay a CIL charge. When you apply for planning permission you need to include a CIL form with details of the development. We'll then be able to tell you whether you need to pay the CIL, how much it is and when you need to pay it.

Before you submit the form or make final decisions on your development you might like to know more about the CIL charge and whether you'll need to pay it. We've put together a list of the most common developments to help you get an idea of whether your development will be liable:

Replacement dwellings 
You need to pay CIL on replacement dwellings. It's a new dwelling and so incurs a CIL charge. However, you'll be able to deduct the demolished floor space from the new floor space, providing it has been in lawful use for six months in the previous three years. You'll pay CIL on any remaining floor space. For example, if you demolish 100 square metres of floor space, and the replacement dwelling is 150 square metres, you will pay CIL on the 50 square metres [150 square metres (new) - 100 square metres (old) = 50 square metres net gain].

Sub-division of an existing residential dwelling into two or more dwellings 
You don't need to pay CIL on a sub-division of an existing residential property into two or more dwellings. Any change of use to a building previously used as residential, to create one or more separate dwellings, is not liable for CIL, even if the house has been vacant.

Reusable loft space
If you build a dwelling with usable loft space, you'll need to pay CIL on the loft space. If the loft floor space is to be usable, and entered regularly, then its conversion will be CIL liable.

Varying applications
If you have received planning permission for a development but now want to vary the application or the conditions, the new application may be liable for CIL. Under a Section 73 application, any additional floor space created through the new permission will be liable for CIL.


CIL break down by site type:

  • Current site: Cleared building site
  • Proposed development: 85 square metres, new residential development
  • CIL liable? Yes
  • Chargeable area: 85 square metres

  • Current site: Single dwelling in lawful use
  • Proposed development: Extension of 20 square metres
  • CIL liable? No
  • Chargeable area: None, the extension is less than 100 square metres and does not result in the formation of a new dwelling

  • Current site: Single dwelling in lawful use
  • Proposed development: Extension of 100 square metres
  • CIL liable? Yes
  • Chargeable area: 100 square metres liable, however the self build exemption may apply. You must apply for the self build exemption and have confirmation of our decision on the exemption, upon commencement (before you start the development).

  • Current site: Cleared building site
  • Proposed development: 2,000 square metres including 50 per cent social housing (1000 square metres)
  • CIL liable? Yes
  • Chargeable area: 1000 square metres liable. 1000 square metres social housing relief (provided all the necessary criteria are satisfied). You must apply for the affordable housing relief and get confirmation of the relief upon commencement (before you start the development).  

  • Current site: Single dwelling in lawful use being demolished
  • Proposed development: 130 square metres new development, 80 square metres being demolished
  • CIL liable? Yes
  • Chargeable area: 50 square metres would be CIL liable. To qualify for this deduction the area to be demolished must still exist when the development is first permitted, and have been in lawful use for a continuous period of six months within the period of three years ending on the day planning permission first permits the chargeable development.

  • Current site: Single dwelling not in lawful use but being demolished

  • Proposed development: 130 square metres new development, 80 square metres being demolished.
  • CIL liable? Yes
  • Chargeable area: 130 square metres would be CIL liable. If the area to be demolished has not been in lawful use for a continuous period of three years ending on the day planning permission first permits the chargeable development, then the area to be demolished cannot be deducted when calculating CIL.

  • Current site: Retail unit not in lawful use

  • Proposed development: 98 square metres change of use to residential
  • CIL liable? Yes
  • Chargeable area: 98 square metres liable as development results in the formation of a new dwelling. As the unit has not been in lawful use the existing floor space is chargeable.

  • Current site: Retail unit in lawful use
  • Proposed development: 98 square metres change of use to residential
  • CIL liable? Yes
  • Chargeable area: As the retail unit has been in continuous lawful use for at least six months in the last three years and the building will be retained when the development is completed, the whole area can be deducted from the amount of CIL payable. 

  • Current site: Non residential unit in lawful use
  • Proposed development: Change of use from non residential to residential including 10 square metres extension
  • CIL liable? Yes
  • Chargeable area: 10 square metres liable, all new floor space is liable where there is the formation of a new dwelling.

  • Current site: Dwelling not in lawful use
  • Proposed development: 98 square metres change of use from residential to retail
  • CIL liable? No
  • Chargeable area: Not liable as change of use to non residential and under 100 square metres of new floor space so minor exemption applies. The fact it has not been in use is not relevant in this case.

  • Current site: Permission for new dwelling. Cleared building site
  • Proposed development: Varying application under Section 73. Additional 20 square metres on original permission.
  • CIL liable? Yes
  • Chargeable area: 20 square metres additional CIL liability generated. See Regulation 128A CIL Regulations 2010 (as amended) for transitional cases, where the original planning permission was granted before a levy charge came into force in the area.

  • Current site: 4,000 square metres of office in lawful use
  • Proposed development: 4,000 square metres change of use from office to residential
  • CIL liable? No
  • Chargeable area: Not liable as the development does not create new floor space and has been in lawful use for a continuous period of six months in the last three years ending on the day planning permission first permits the chargeable development.

  • Current site: 2,000 square metres of office space in lawful use
  • Proposed development: 9,000 square metres new residential development and 3,000 square metres new retail development and 2,000 square metres office to be demolished
  • CIL liable? Yes
  • Chargeable area: Assuming that the existing office space is in lawful use and can be deducted from the development then the demolished floor space discount is apportioned across the development. In this example 75 per cent of the discount applies to the residential development and 25 per cent on the retail development. Therefore of the 2,000 square metres deduction, 1500 square metres is deducted from the new residential floor space and 500 square metres from the retail development.