CIL administration & collection

What development will be CIL liable?

To assist applicants, developers and landowners, a CIL Short Guide has been prepared.

To allow the Council to determine whether CIL is liable in relation to a development proposal, all planning applications must be accompanied by a completed CIL Question Form.

The levy may be payable on development which creates new buildings and enlargements to existing buildings where the gross internal area (GIA) of new build exceeds 100 square metres, or when a new dwelling is being created (no matter what the size of the dwelling).

The calculation of the chargeable amount for a liable development is based on the floor area multiplied by the relevant charge rate, which is then linked to an index based on the cost of construction.

This is a decrease from the 2020 index of 1.397.

Indexation

The CIL Regulations set out that CIL payments must be index linked to ensure the levy is responsive to market conditions. From the 1 January 2020, the index is based on the RICS CIL Index published by the Royal Institution of Chartered Surveyors. The figure used is a cumulative increase from the indexation figure when CIL was implemented in Trafford in July 2014 to the current RICS CIL index.

Based on this, the index from 1 January 2021, is 1.393.

This is a decrease from the 2020 index of 1.397.

Claiming exemption or relief

CIL is not a negotiated process. If a development is liable for CIL, payment is mandatory, unless a request for relief has been submitted to and approved by the Council.

Exemptions and relief may be granted for the following categories:

Exemption for self-build housing.
Social Housing relief.
Exemption for residential annexes or extensions.
Discretionary relief for exceptional circumstances.

Self build new homes

Anybody who is building their own home or who has commissioned the construction of their own home can apply for a self build exemption, provided that the claim is received before commencement of the chargeable development.

A CIL Form 7: Self Build Exemption Claim Form - Part 1 should be submitted with a CIL Form 1: Assumption of Liability Notice. We must notify you of our decision prior to commencement, and a CIL Form 6: Commencement Notice should be submitted prior to commencement, otherwise eligibility for relief may be lost.

Within six months of completing the home a CIL Form 7: Self Build Exemption Claim Form Part 2 should be submitted. If this is not submitted within the 6 month time period, the full levy charge becomes payable.

People who extend their own homes or erect residential annexes within the grounds of their own homes can also apply for exemption from the levy.

Residential annexes or extensions

For residential annexes, a CIL Form 8 Self Build Residential Annex Exemption Claim should be submitted along with a CIL Form 1: Assumption of Liability Notice.

A CIL Form 6: Commencement Notice should be submitted prior to commencement, otherwise eligibility for relief may be lost.

For residential extensions, a CIL Form 9: Self Build Residential Extension Exemption Claim should be submitted.

Exceptional circumstances

Relief from CIL in exceptional circumstances is available in Trafford, but only within the Strategic Locations as set out in the Trafford Local Plan.

If you consider that your development is exempt from the CIL payment, you will need to complete and return a CIL Form 2: Request for Claiming Exemption or Relief and have it approved prior to the commencement of development.

Planning decision stage

When planning permission is granted for a CIL liable development, the Council will issue a CIL Liability Notice to confirm the amount of CIL payable.

It is the responsibility of the person(s) who will pay the charge to serve an CIL Form 1: Assumption of Liability on the Council prior to the commencement of development. If this does not occur, the charge will automatically default to the owners of the land and surcharges may apply.

At least one day before the approved development commences you must complete and submit a CIL Form 6: Commencement Notice, stating when you intend to start work on the development.

Once the Council has received this form a Demand Notice will be issued, which sets out the payment required and the instalments policy for each payment, if applicable.

If payments are not received in line with the demand notice, or the required forms are not completed and returned to the charging authority prior to commencement of development, enforcement action may be taken, which could result in a prosecution.

Permitted development

From April 2013, permitted development may be of a sufficient scale to be liable for CIL. It is the responsibility of the developer to serve a CIL Form 5: Notice of Chargeable Development on the Council prior to the commencement of development. The CIL charge will then be calculated and applied just as though planning permission had been issued.

The developer, landowner or other interested party should assume liability for the levy by submitting an Assumption of Liability Form.

Appeals and enforcement

Appeals can be lodged against some aspects of the levy charge, for example, if the Council incorrectly calculated the amount of CIL liable. Please see the Council’s Appeals webpage for further details on this.

There are strong enforcement powers and penalties for failure to pay, including Stop Notices, surcharges, late payment interest and prison terms.

Further information

For additional information or any questions you may have about Trafford's CIL, the planning process or what forms are required for you development, please email CIL@trafford.gov.uk or alternatively contact the planning helpline on 0161 912 3149.

More general information about the community infrastructure levy can be obtained from the Planning Portal or the Communities and Local Government Planning Practice Guidance website on the topic of CIL.