If a CIL payment is required and you do not complete the correct forms, notify the Local Planning Authority that a development has commenced and/or fail to make the required payment(s) then formal enforcement action may be taken. The following charges can be imposed:
• A £50 surcharge on each person liable to pay the levy in the event that liability is not assumed before development commences;
• An additional £500 to each person with a material interest in land where the authority has to apportion liability;
• An amount equal to 20 per cent of the chargeable amount, or £2,500 (whichever is the lower) where development starts without the authority having received a notice of chargeable development;
• An amount equal to 20 per cent of the chargeable amount, or £2,500 (whichever is the lower) where development starts without the authority having received a commencement notice;
• Failure to pay CIL on time will result in the imposition of late payment interest by the CIL collecting authority at 2.5 percentage points above the Bank of England base rate;
• Continued failure to pay CIL may result in the CIL collecting authority imposing one or more late payment surcharge. Such surcharges will be imposed in the following manner:
• Five per cent of the outstanding amount where payment is still overdue after 30 days, subject to a £200 minimum
• Five per cent of the outstanding amount where payment is still overdue after six months, subject to a £200 minimum
• Five per cent of the outstanding amount where payment is still overdue after 12 months, subject to a £200 minimum.
• Twenty per cent of the chargeable amount, or £1000 (whichever is the lower) where a person(s) fails to provide further relevant information as requested by a collecting authority; and
• Failure to notify the authority of a disqualifying event occurring in respect of CIL relief may result in a surcharge of 20% of the amount payable or £2,500 whichever is the lower amount;
Where development has started and the levy has not been paid and it is considered expedient to stop the development from progressing any further until payment is made, a Stop Notice may be used. It would be an offence to contravene a Stop Notice and it would render the contravener liable to prosecution where upon a fine of no more than £20,000 can be imposed. The authority may also apply to the Courts for an injunction if necessary to enforce a stop notice.
All enforcement action taken will be recorded on the Land Charges Register, which may be disclosed to interested parties on receipt of an official search relating to the property.
For more information, please visit our Community Infrastructure Levy (CIL) pages.
Important - CIL liability is held as a charge on land. If CIL is not paid you may have difficulty selling your property.