A qualifying ‘development’ for Community Infrastructure Levy (CIL) purposes is ‘anything done by way of or for the purpose of the creation of a new building’ or ‘anything done to or in respect of an existing building’. Note that the term does not include ‘the change of use of any building previously used as a single dwelling house to use as two or more separate dwelling houses’. The creation of a ‘building into which people do not normally go’ or a ‘building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant and machinery’ is not a qualifying ‘development’ for CIL purposes.

There is no CIL on existing internal area which is to be demolished and which is in lawful use when planning permission is granted.

Not included in the CIL calculation are buildings for which planning permission is granted for a limited period. Also not included is a new build or enlargement of gross internal area of less than 100 square metres (except where the development will comprise one or more dwellings).

This means that CIL will not be levied if a building is replaced with a new one or where there is a change in the use of a building and there is no overall increase in floor space.