CIL Relief and Exemptions

What development will be exempt from paying CIL?

The Community Infrastructure Levy will, in most cases, be a fixed non-negotiable charge on development, however the CIL Regulations prescribe certain development that is not chargeable by CIL. Please note that even though CIL may not be payable on a specific form of development, it may still be necessary to complete the relevant CIL forms and provide evidence.

To apply for relief and exemption, the applicant must have assumed liability to pay CIL on the chargeable development and this application for relief/exemption must be made before the development commences. Details of the types of development which may be eligible for relief/exemption can be found below.

More information on claiming CIL relief is available in our CIL Process Guide:

• Worthing CIL - Process Guide (V4) - July 2021 (1,476KB)

Claiming CIL Relief

As stated above, relief from the CIL charge can be applied for if a development meets the criteria of the relief. The following developments may receive relief from paying a CIL charge, subject to the criteria set out in the CIL Regulations:

• Development by charitable institutions on land owned by that charity, where the development is to be used for the charitable purpose (Regulations 43 to 48) - submit Form 10
• Social (affordable) housing - including; social rent, affordable rent, intermediate rent, shared ownership (Regulations 49 to 54) - submit Form 10
• Houses, flats, residential annexes and residential extensions which are built or commissioned by a 'self builder' (Regulations 54A to 54D) - submit Form 7 (part 1) and Form 7 (part 2)

In addition to the above, the following developments may be applicable to an exemption from the CIL charge (Regulations 42A and 42B):

• A residential extension to an existing dwelling of more than 100sqm which does not comprise a new dwelling - submit Form 9
• A residential annexe built within the curtilage of the principal residence and comprises one new dwelling - submit Form 8

Please note that there is no requirement for the occupier of the annex to be related to the owner of the main dwelling, or to commit to staying there for a specified period. However, letting the residential annex, or selling it separately from the main dwelling, within the 3-year clawback period, which commences from the date of the compliance certificate relating to the residential annex, will result in the exemption being withdrawn.

Upon receipt of a valid application for relief/exemption, the Council will notify the applicant of the amount of relief/exemption that is granted, as soon as practicable. For the majority of cases the applicant must submit a commencement notice to the Council before starting work on site. Failure to submit a commencement notice on time will result in a surcharge.

If you think you might qualify for relief, you should contact the Council as soon as possible. It is important to note that relief must be applied for and have been granted by the Council before development commences.

Worthing Borough Council has also produced flowcharts to explain the steps required when applying for:

• Worthing CIL Self Build Exemption Flowchart (454KB)
• Worthing CIL Social Housing Relief Flowchart (451KB)

Exceptional Circumstances Relief

At this stage Worthing Borough Council does not intend to adopt an Exceptional Circumstances Policy. However, it should be noted that discretionary relief in exceptional circumstances can be activated or deactivated at any time.

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