When development happens, someone needs to pay for the roads, schools, parks and services that help an area cope with growth. That’s where the Community Infrastructure Levy comes in
They are a tool used by many local authorities to collect a standardised financial contribution from developers.
Here, in a nice, tea break-sized blog, is all you need to know:
So, what exactly is a Community Infrastructure Levy?
CIL is a fixed, non‑negotiable charge set by a local authority and applied to certain types of new development. Unlike Section 106 contributions (which are negotiated case‑by‑case), CIL uses a published charging schedule so everyone knows upfront what’s expected.
It only applies in areas where the council has formally adopted it, so while some parts of the country use CIL routinely, others rely more heavily on s106 agreements.
When does CIL apply?
CIL liability is triggered by development, usually measured by new floorspace (typically over 100m² unless it’s a new dwelling). Once planning permission is granted, the developer must:
- Assume liability
- Submit a Commencement Notice
- Pay according to instalments in the authority’s policy
Missing any of these steps can result in surcharges… something conveyancers are keen to avoid.
CIL vs Section 106: what’s the difference?
This is a question conveyancers hear weekly. The short version:
- CIL = fixed charge, set out in the charging schedule
- s106 = negotiated obligations, often tied to site‑specific impacts (e.g., affordable housing, open space mitigation)
Importantly, both can apply to the same development. CIL doesn’t replace s106, it simply reduces the need to negotiate everyday infrastructure costs.
Why it matters in conveyancing
If CIL liability exists, it binds the land, not the person who created it. This means buyers could inherit unpaid CIL unless paperwork is watertight.
Conveyancers should always check:
- CIL liability notice
- Assumption of liability
- Any surcharges
- Whether commencement was properly notified
CIL keeps infrastructure funding predictable and transparent – great for planning, but absolutely essential to get right during due diligence. A quick CIL review won’t just prevent expensive surprises later; it also protects your client from inheriting someone else’s liability, avoids last‑minute delays, and helps clarify the development history attached to the property.
In practice, checking CIL is one of those small steps that gives everyone – buyers, lenders and solicitors – real peace of mind. When the numbers add up, the notices line up, and the paperwork shows a clean trail, the whole transaction moves more smoothly. And when something doesn’t look right, spotting it early is the difference between a minor correction and a major headache.
In short: treat CIL like an early‑warning light on the dashboard – quick to check, invaluable when it’s flashing, and best handled before the journey goes any further.
