Paying CIL and CIL appeals

If the CIL remains unpaid, or the process is not followed correctly, the council may take any or all the following actions, based on the CIL Regulations, to recover the debt:

• Removal of the instalment facility
• Imposing surcharges and late payment interest
• Issuing a CIL Stop Notice
• Seeking authorisation from the courts to seize and sell assets to recover the CIL due
• Seeking committal to prison

The Community Infrastructure Levy (CIL) is calculated per square metre.

The calculation involves multiplying the CIL charging rate by the net chargeable floor area (based on Gross Internal Area), and factoring in an index figure to allow for changes in building costs over time.

The full calculation is set out under Schedule 1 of the CIL Regulations 2019.

Existing floor area that has been in continuous lawful use for a period of 6 months within the 3 year period preceding development being permitted can be used as deductible floor area in the calculation of the CIL liability. The onus is on the applicant to demonstrate continuous lawful use.

Current indexed CIL rates are detailed in the Charging Schedule section.

Gross Internal Area (GIA) measured to the internal face of the perimeter walls of each floor of the building, including circulation and service space such as corridors, storage, toilets, lifts etc and the existing floor space of a building. Generally, any structure with 3 or more walls and a roof is considered to be ‘internal’ floor space and therefore chargeable. Buildings ‘into which people do not normally go’ are exempt from CIL. These include buildings into which people go intermittently for the purpose of inspecting or maintaining fixed plant machinery.

The change of use of a floor space where a self-contained residential unit will be formed is also chargeable if the existing continuous use cannot be demonstrated.

Appeals can be lodged against some aspects of the CIL charge. You can view the full range of appeals available.

Further information regarding the appeals process are detailed within Planning Practice Guidance.

Further details regarding appeals relating to CIL enforcement and surcharges are detailed within the Planning Inspectorate guidance.

In the first instance, if you disagree with the CIL liability calculated in the Liability Notice, you can request a review under Regulation 113 of the CIL Regulations. The review must be requested before the end of 28 days, beginning on the day on which the Liability Notice was issued. To do this you must write a letter clearly explaining why you consider the Liability Notice to be incorrect (preferably including supporting information) and submit it by email with the title ‘Request for CIL Regulation 113 Review’ by email or post to:

Email: contact the CIL Officer

Address: CIL Officer, Infrastructure Planning and Development Service, Southampton City Council, Civic Centre, Southampton, SO14 7LY