Common CIL scenarios

Current site	Proposed development	CIL Liable	Chargeable area (square metres)	Justification
Cleared building site	One new dwelling, 85sqm	Yes	85sqm	Creates a new dwelling regardless of size
Single dwelling in lawful use	Extension of 20sqm	No	None	Increase in floor space is less than 100sqm
Single dwelling in lawful use	Extension of 100sqm	Yes	100sqm	Increase in floor space is 100sqm or more
Cleared building site	2,000sqm including 50% social/affordable housing (1000sqm)	Yes	1000sqm	1000sqm social housing relief if this is applied for prior to commencement
Single dwelling in lawful use being demolished	130sqm new development, 80sqm being demolished (old building)	Yes	50sqm	Deduct the old floor space from the new and CIL is payable on the difference. However, the to be demolished building must still exist upon granting planning permission, and be in lawful use for at least six months in the past three years.
Single dwelling not in lawful use but being demolished	130sqm new development, 80sqm being demolished (old building)	Yes	130sqm	If the existing building has not been in lawful use for at least six months in the last three years, up to the date of the planning permission, then this cannot be deducted
Retail unit in lawful use	98sqm change of use to residential	No	None	As this has been in lawful use the old retail floor space can be deducted from the residential element
Retail unit not in lawful use	98sqm change of use to residential	Yes	98sqm	98sqm liable as a new dwelling is being constructed and no deduction is possible as the retail unit has not been in lawful use for six months in the last three years.
Non-residential unit in lawful use	Change of use from non-residential to residential including 10smq extension	Yes	10sqm	10sqm as all new residential floor space is chargeable
Permission for new dwelling. Cleared building site.	Varying application under S73 – additional 20sqm on original permission.	Yes	20sqm	20sqm extra floor space is being generated. Reg 128A CIL regs, 2010 has details about transitional cases, where the original planning permission was granted prior to CIL adoption.
4,000sqm of office space in lawful use	4,000 change of use from office use to residential	No	None	No new floor space is being created and office has been in lawful use in the last three years.
2,000sqm of office space in lawful use	9,000sqm new residential floor space, 3000sqm new retail space and 2,000 office space to be demolished	Yes	7,500sqm residential 2,500sqm retail	12,000sqm in total (9,000sqm residential – 75%, 3,000sqm retail – 25%). Deduction from old floor space is apportioned across the site. 1500sqm deducted from residential charge and 500sqm from retail.
One large dwelling	Sub-division to three new dwellings	No	None	CIL regs make specific provision for sub-division and confirm that residential sub-divisions are not CIL liable.
One large dwelling	Sub-division to three new dwellings including 100sqm extension	Yes	100sqm	CIL regs make specific provision for sub-division and confirm that residential sub-divisions are not CIL liable. However, 100sqm is new floor space and this is chargeable.