CIL Process and Payment

Who is liable to pay CIL?

The responsibility to pay the levy defaults to the owner of the land on which the liable development will be situated.

The CIL regulations recognise that others involved in a development may wish to pay. To allow this, anyone can assume liability for the development by submitting a completed 'Assumption of Liability' form (Form 2) prior to the commencement of the development. It is recommended that Form 2 is submitted at the same time as the planning application and the 'Additional Information Requirement' form (Form 1). For copies of all the CIL Forms see:

If no form is submitted, or it is submitted after the commencement of the development, a surcharge is applicable and the liability to pay CIL defaults to the owner(s) of the relevant land. For more information about who pays the CIL liability, see our:

Payment of the CIL charge

Payment of the CIL charge is due within 60 days of the commencement of a chargeable development, provided that a valid commencement notice is received by the Council at least one day before commencement of the chargeable development. Our Instalment Policy for CIL explains which developments may qualify to pay in instalments:

A demand notice will be issued to all liable parties after receiving a commencement notice, or after the development is deemed to have commenced. The notice will set out precise details of payment arrangements, and will shortly be followed by an invoice to enable ease of payment.

In exceptional circumstances, the CIL Regulations allow the Council to accept full or part payment through the provision of land or infrastructure. This is subject to a number of conditions detailed in the Payment in Kind policy:

CIL COVID Guidance

The government has put in place a number of financial measures to help businesses during the COVID-19 outbreak. However, it is recognised that smaller developers may need more help.

The guidance document below explains the steps that CIL collecting authorities (including Worthing Borough Council) may wish to consider easing the financial burden on developers, including recent changes to the CIL Regulations, to help small and medium sized developers in particular.

This guidance came into effect when the Community Infrastructure Levy (Coronavirus) (Amendment) (England) Regulations 2020 came into force (22nd July 2020) and will remain in place until 31st July 2021, because the measures only apply to CIL payments that are payable on or after the date the instrument comes into force (22nd July 2020) until 31st July 2021.

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Page last updated: 13 August 2021

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