CIL enforcement
If a Community Infrastructure Levy (CIL) payment is required and you do not pay we may take action to have your development stopped, fine you up to £20,000 and have you prosecuted.
It’s important that you complete the correct forms to:
- find out what CIL charges you owe
- apply for any exemptions before work commences
- notify us that your development has commenced
- make the required payments in time
Find out more about how to do these things as well as more details about CIL and when you need to pay it on our Community Infrastructure Levy page.
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. CIL liability is held as a charge on land and if it is not paid you may have problems selling your property.
Not informing us correctly about your development
The following charges can be imposed if you do not follow the CIL process correctly:
- 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
- loss of the right to pay by instalments
Failure to pay CIL
Failure to pay CIL on time will result in the addition 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 as follows:
- five per cent of the outstanding amount or £200, whichever is greater, where payment is still overdue after 30 days
- five per cent of the outstanding amount or £200, whichever is greater, where payment is still overdue after six months
- five per cent of the outstanding amount or £200, whichever is greater, where payment is still overdue after 12 months
Failure to provide information about your circumstances
Failure to provide further relevant information as requested by the Council can result in a charge of 20 per cent of the chargeable amount, or £1000 (whichever is the least).
Failure to tell us about a change in circumstance which means you are no longer eligible for CIL relief, known as a disqualifying event, may result in a surcharge of 20 per cent of the amount payable, or £2,500, whichever is the least.
Where development has started and the levy has not been paid, we may issue a Stop Notice to stop development from progressing any further until payment is made. It is an offence to contravene a Stop Notice and doing so can mean you’re liable to prosecution and a fine of up to £20,000.