Regulations and CIL advice
The Community Infrastructure Levy Regulations 2010 set out how Community Infrastructure Levy is managed in England and Wales. They first came into force in April 2010 and have been amended several times since then.
What the regulations cover
The Community Infrastructure Levy Regulations 2010, as amended, provide the legal framework for:
- how a Community Infrastructure Levy charging and collecting authority carries out its statutory functions
- how relevant development that is liable for Community Infrastructure Levy is managed and processed
- how Community Infrastructure Levy liability, relief, exemptions, and payments are handled
Community Infrastructure Levy is often shortened to CIL. We use the full term on this page unless the abbreviation is needed for context.
How the regulations have changed
The Community Infrastructure Levy Regulations 2010 have been amended many times.
Some changes have been made through amendment regulations linked directly to the original 2010 regulations. Other changes have been made through separate primary and secondary legislation, including legislation linked to Building Regulations and the United Kingdom’s exit from the European Union.
Amendments can:
- change the wording of existing clauses
- add new clauses
- remove clauses
- change earlier amendments
Which version of the regulations applies
When an amendment comes into force, transitional provisions are put in place. These are needed because amendments cannot apply retrospectively.
This means you should not assume that the latest version of the Community Infrastructure Levy Regulations 2010 applies to a specific development.
The relevant version may depend on several factors, including:
- the date of a Community Infrastructure Levy Liability Notice
- the date of a Community Infrastructure Levy Demand Notice
- the date a Community Infrastructure Levy exemption or relief claim was granted
- the date another relevant action took place
Check the legislation
You can view the Community Infrastructure Levy Regulations 2010 on the legislation website.
Use the latest revised version as a starting point. You should also check whether there are further amendments that have not yet been applied to the online version.
To understand whether a version of the regulations is relevant to your circumstances, you may need to check:
- the revision notes in the regulations
- the amendment regulations themselves
- the explanatory memorandum that sits alongside the amendment regulations
Getting legal advice
We cannot advise third parties on how the Community Infrastructure Levy Regulations 2010, as amended, apply to individual circumstances.
You are responsible for carrying out your own due diligence. This includes understanding how an adopted Community Infrastructure Levy Charging Schedule and the regulations may affect relevant development.
If you need formal guidance or advice, you should get independent advice.
Case law
Where the application of the Community Infrastructure Levy Regulations 2010 has been legally challenged, case law may exist through High Court or Supreme Court judgment decisions.
These decisions may help explain how parts of the regulations should be interpreted or applied.
Government guidance
Central government has published guidance on how parts of the Community Infrastructure Levy Regulations may be interpreted and should operate. This sits within the online Planning Practice Guidance, which accompanies the National Planning Policy Framework.
You can read the Community Infrastructure Levy guidance on GOV.UK.
You can also browse the wider Planning Practice Guidance collection on GOV.UK.