Stage 5: Commencement Notice (applicant)
At least 1 day before commencement starts, you must submit a CIL Commencement Notice to us. This informs us when the development is going to commence, and forms the basis of the dates that CIL payments will become due.
Failure to submit these forms prior to commencement, or not at all, or providing an incorrect commencement date will result in the Council deeming a commencement date. We can also issue a penalty surcharge. If you are eligible for instalments, you will also lose the right to pay by instalments. If you have been issued relief or exemption, you will lose the relief or exemption.
If no-one assumes liability to pay, then liability will rest with the landowner. Where the Council has to identify who the landowners are, we can impose a penalty surcharge.
If you submit a CIL Commencement Notice, and then want to change the commencement date, then submit a revised CIL Commencement Notice.
Once development commences, liability cannot be withdrawn, although it can be transferred up to the date final payment is due. If you submit a CIL Commencement Notice, and then transfer liability before final payment is due, we will acknowledge receipt and reissue the liability and demand notices to reflect the change in liability.
What is classed as commencement?
Commencement is classed as any material operation that is carried out on the relevant land. This includes the erection of a building, demolition of a building, digging of a trench, laying of underground pipes or mains, any operation to construct a road or any change in the use of land that is classed as material development.
You can appeal against a deemed commencement date. This must be made to PINS within 28 days of the date the demand notice was issued.
5b. Acknowledging the CIL Commencement Notice (Council)
The Council will record and acknowledge receipt, in writing, of your commencement notice and issue a Demand Notice and invoice.