CIL Penalties and Surcharges
You must follow the CIL process correctly. Failure to do so may result in the following penalties in the form of surcharges and interest payments being applied:
| Surcharge for | Amount | CIL regulation |
| Failure to assume liability, where no-one has assumed liability and chargeable development has commenced | £50 on each person liable to pay CIL | 80 |
| Apportionment of liability, where we are required to apportion liability for CIL between those with a material interest in the land | £500 on each person liable to pay CIL | 81 |
| Failure to submit a Notice of Chargeable Development | 20% of the chargeable amount or £2500, whichever is lower | 82 |
| Failure to submit a Commencement Notice | 20% of the chargeable amount or £2500, whichever is lower | 83 |
| Failure to notify us of a disqualifying event(s) | 20% of the chargeable amount or £2500, whichever is lower | 84 |
| Late payment, after the end of 30 days after the liability is due, further increasing after outstanding after six months and after 12 months | 5% of the outstanding chargeable amount or £200, whichever is greater | 85 |
| Failure to comply with an Information Notice | 20% of the relevant amount or £1000, whichever is lower | 86 |
Regulation 87 and 88
Regulations 87 and 88 provide details of interest which can be also charged upon late payments, at an annual rate of 2.5 percent above the Bank of England base rate.
If you don't comply with the CIL requirements we can take enforcement action.
This can include:
- the use of warning notices (warn development will need to stop)
- stop notices (to force development to stop)
- or even court action
CIL stop notice
Sometimes we may believe that interest and late payment surcharges will be ineffective in securing payment of the overdue CIL.
In these circumstances, we may decide to serve a CIL stop notice on the development in question.
A CIL stop notice prohibits development from continuing until payment is made. Once a notice is issued it's a criminal offence to continue the development, punishable by unlimited fines.
Asset seizure
When you fail to pay CIL we may seek a court’s consent to seize and sell your assets to recover the money due.
These assets may include any land you hold.
Rights to Appeal
If a surcharge is imposed you may have certain rights to Appeal under Regulation 117, Regulation 118 and Regulation 119
Surcharge and enforcement appeals are dealt with by the Planning Inspectorate and further information is contained within their guidance