CIL Form 1 to Form 6: which notice to send and when
Most levy disputes start with a missed form rather than a disputed rate. Here is the running order from the application to the day before you start on site.
Most Community Infrastructure Levy trouble starts with a form that was never sent, not with a rate anyone disputes. The sequence for a small residential scheme runs from the additional information form at application stage, through an assumption of liability, to a commencement notice that has to arrive before the day work starts. Miss the last one and the council can withdraw instalment rights and add a surcharge on the day the foundations go in.
This is general guidance rather than legal advice. Levy procedure is set by the Community Infrastructure Levy Regulations 2010 as amended, which have been changed repeatedly, so check the current text and your council's own guidance before you rely on any of it.
Why the forms matter more than the rate
The rate comes from the charging schedule and there is very little to argue about once the floorspace is agreed. The forms decide who pays, when, in how many instalments, and whether any exemption survives.
They also decide whether you get the benefit of an instalment policy at all. Councils that offer instalments almost always make them conditional on the commencement notice being served on time. Lose that and the whole sum falls due shortly after commencement, which is a cash flow problem rather than a paperwork problem.
Two thresholds trigger the charge. New gross internal floorspace of 100 square metres or more, and the creation of one or more dwellings whatever the floor area. Existing buildings in lawful use for a qualifying period can be deducted, which is why the additional information form asks about occupation history.
Form 1 and the information the council needs at application stage
The additional information form goes in with the planning application. It records existing and proposed gross internal areas by use, the floorspace to be demolished or retained, the occupation history of existing buildings, and whether you intend to claim social housing relief, charitable relief or one of the residential exemptions.
Get the floor areas right at this stage. The liability notice is generated from them, and correcting an area after permission means a revised liability notice and a fresh set of deadlines. Basements are a recurring source of error, because gross internal area includes them, which is one reason basement schemes in London so often carry a larger charge than the applicant expected.
The form is not part of the validation requirements in the same way a location plan is, and a missing form rarely stops how your application is decided. It simply moves the reckoning to the liability notice.
Assuming liability before anyone digs
Assumption of liability is the form that names the person or company who will pay. It costs nothing and it can be withdrawn or transferred later using the withdrawal and transfer forms.
If nobody assumes liability before development starts, the collecting authority apportions the charge between the owners of the land, which on a site with a mortgage, a joint owner or an option agreement is exactly the conversation you do not want. A surcharge for failing to assume liability can also be applied.
For a self-builder the order is strict. Assume liability first, then claim the exemption, then serve the commencement notice, and only then start. Claiming an exemption without having assumed liability does not work.
| Stage | Form | Deadline |
|---|---|---|
| Planning application submitted | Additional information | With the application |
| Permission granted, before works | Assumption of liability | Before commencement |
| Change of payer | Withdrawal or transfer of assumed liability | Before the demand falls due |
| Development without planning permission | Notice of chargeable development | Before commencement |
| Immediately before starting | Commencement notice | Before the day works begin |
The commencement notice and the surcharge for missing it
The commencement notice tells the collecting authority the date the chargeable development will start. It must be received before that day. Not on the day.
Once the council has it, the demand notice follows with the amount and the payment dates. Where the council has an instalment policy, the instalments are calculated from the commencement date. Where it has none, the full amount is generally payable within a short period after commencement.
Serving late has three effects. Instalment rights are withdrawn, so the whole sum becomes payable. A surcharge is applied, calculated as a proportion of the chargeable amount subject to a cap set in the regulations. And the council may impose a deemed commencement date of its own if it decides works started earlier than you say, which is appealable but expensive to argue.
What counts as commencement follows the ordinary planning meaning of a material operation, so demolition, site clearance to a certain extent, digging trenches for foundations and laying out a road all qualify. Site set-up and fencing normally do not, though the boundary is fact-specific.
Notices of chargeable development for permitted development
Not every chargeable development has a planning permission behind it. Barn conversions under a prior approval, office to residential schemes and larger permitted development projects can all create liable floorspace without a full application for the council to work from.
For those, the developer serves a notice of chargeable development before starting. The council then issues a liability notice as if permission had been granted. Missing this step is common among landlords converting under prior approval, because the levy is not mentioned in the prior approval decision itself.
Relief and exemption claims and their order
Self build housing, residential annexes and residential extensions can be exempt, and social housing and charitable development can attract relief. Each has its own claim form and each shares the same structural rules.
- Assume liability before claiming.
- Submit the claim and receive written confirmation that it has been granted, before commencement.
- Serve the commencement notice.
- For self build, submit the supporting evidence within the period set in the regulations after completion, usually six months, with the documents the form specifies.
- Keep the property in the qualifying use through the clawback period, which for self build runs for three years from completion.
Selling, letting or changing the use inside the clawback period brings the charge back, in full, with interest. That trap catches self-builders whose circumstances change more often than any other part of the regime.
Challenging a demand notice or a surcharge
There are separate routes and they are easy to confuse.
If you disagree with the chargeable amount, ask the collecting authority for a review first. The window runs from the date of the liability notice and it is short. If the review does not resolve it, the appeal on the calculation goes to the Valuation Office Agency, again within a fixed period.
Appeals about surcharges, about the apportionment between landowners, and about a deemed commencement date go to the Planning Inspectorate. Payment is usually still expected while an appeal runs, so budget for it.
And keep the correspondence. Councils operate the levy through a small team, records get thin, and an applicant who can produce a dated receipt for a commencement notice is in a far better position than one relying on memory.
Budgeting for the levy sits alongside the cost of the application documents themselves, which is a separate line most self-builders underestimate. Look at the supporting documents a scheme needs, then See PlanScope pricing for one free report, £50 per report, or Professional for unlimited reports.
PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Which CIL form do I send with my planning application?
The additional information form, usually numbered Form 1, goes in with the application. It sets out existing and proposed gross internal floorspace, the intended use, whether any buildings have been in lawful use for six of the previous three years, and whether you intend to claim relief. Councils use it to issue an accurate liability notice once permission is granted.
What happens if nobody assumes liability for the levy?
The charge does not disappear. If no assumption of liability is received before development starts, the collecting authority apportions the liability among the owners of the land, and a surcharge for failing to assume liability can be added. Assuming liability is free, reversible by withdrawal, and transferable to another party later.
When exactly is the commencement notice due?
It has to be received by the collecting authority before the day the chargeable development starts, so in practice the day before at the latest. Sending it on the morning the diggers arrive is late. The council issues a demand notice once it has the commencement date, and payment windows run from that date.
Does missing the commencement notice cancel my self build exemption?
Not automatically. The regulations were amended so that failing to serve a commencement notice where relief has been granted attracts a surcharge rather than the loss of the whole exemption. The safest course is still to serve it, and to check the current regulations, because the surcharge and the clawback rules have both been changed more than once.
Can I challenge the amount on a liability notice?
Yes, in stages. Ask the collecting authority to review the chargeable amount first, within the short window that runs from the date of the liability notice. If the review does not resolve it, appeal to the Valuation Office Agency on the calculation. Appeals about surcharges and deemed commencement dates go to the Planning Inspectorate instead.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.