Planning permissions for developments that create new build floorspace with a gross internal floorspace (GIA) of 100 square metres of any use or development involving the creation of a residential dwelling may be liable to pay both the Mayor of London and Barking and Dagenham’s CILs and must follow the CIL process. In addition, certain categories of permitted development may also be liable to pay CIL. Developments granted permission through a general permitted development order may also be liable to pay CIL.

The CIL Regulations 2010 (as amended) contain the formulas used to calculate the applicable CIL charges for each development that is deemed to be liable. Developers must provide sufficient information to allow the Council to determine whether the development is liable to pay CIL and to calculate the charges accurately from the floor areas provided.

At the planning application stage, you must submit:

• CIL Form 1: Additional Information which gives details about existing and proposed floorspace values and the lawful use test and must be submitted with a planning application. · CIL Form 2: Assumption of CIL liability which should identify who is liable to pay the CIL charges. The assumption of liability can be transferred to another party or withdrawn at a later date and so should not be withheld where land ownership is likely to change.
• If your planning permission is granted, the Council will issue you with a liability notice specifying the Mayor of London and Barking and Dagenham CIL liability that will be due when the development commences.
• If relevant, the person who has assumed liability can apply for relief from payment of CIL. Certain types of development, such as social housing or for charitable purposes, can benefit for relief from the payment of CIL. For more information have a look at the development types that are eligible for relief. All reliefs must be applied using the relevant CIL relief form. A decision on eligibility for relief must be received before commencement of a development. Relief cannot be granted once a development has commenced so applications should therefore be made as early as possible in the process.

Before a development starts:

• The person who has assumed liability to pay the CIL must submit a CIL Form 6: Commencement Notice confirming the start date to the Council before any material work commences.
• When we receive this, we will issue you with a CIL Demand Notice setting out payment details.

All CIL forms are available from the Planning Portal website.