CIL exemptions and relief

Extension exemption guidance for claimants

‘Extension Exemption’ for the purposes of CIL exemption is defined in CIL legislation as an extension to an existing residential property, by a ‘Person (P)'. That person must own a material interest in the dwelling (‘main dwelling’) and occupy the main dwelling as their sole or main residence.  Extension exemptions also cover garden buildings which are over 100 sqm.  

This guidance has been produced by Runnymede Borough Council (RBC) to assist in the Extension Exemption relief process. It describes what RBC requires to be submitted (and acknowledged) at each step and when, and clearly describes the potential penalties caused by not following each step correctly. Please visit ‘CIL surcharges and enforcement’ for a description of potential penalties.  

Applying for an Extension Exemption is a two-step process. All Extension claimants must follow all of the steps in order to comply with CIL legislation and obtain an Extension Exemption from RBC.

This process is governed by legislation: the Community Infrastructure Levy Regulations 2010 (as amended) – known as the ‘CIL Regulations’. For ease of interpretation, the following guidance does not quote the CIL Regulations directly. Claimants are therefore strongly advised to consult the CIL Regulations for full details, and the Government’s Planning Practice Guidance signposts the relevant regulations for relief and exemptions.

Claimants may wish to seek independent advice on the implications of Extension Exemptions and CIL.

Applicants need to assume liability to pay CIL in relation to the development. This form must be received and acknowledged prior to the commencement of the development.

This must be done before any exemption can be claimed for.

What is required to be submitted/acknowledged and when:

  • Form 2: Assumption of Liability
  • Post decision

Surcharges/Interest 

These will be payable if the Form 2 is not submitted prior to commencement on site and acknowledged. Claimants may wish to seek independent advice on the implications of assuming liability.

Process

Extension Exemptions cannot be processed/claimed until Form 2 is received and acknowledged by Council. It must be received before any other forms in the following steps can be processed.  An Extension Exemption cannot be claimed if works have commenced on site.

Submit an Extension Exemption Claim Form to the Collecting Authority (RBC). The exemption must be granted prior to the commencement of the development.
What is required to be submitted/acknowledged and when

  • Form 9: Residential Extension Exemption Claim Form
  • Post decision, and after Form 2 has been submitted and acknowledged

Surcharges/Interest 

These will be payable if the Form 9: Residential Extension Exemption Claim Form is not submitted prior to commencement on site and acknowledged.

Process

Residential Extension Exemption cannot be processed/claimed until this form is received and acknowledged by Council. It must be received before works have commenced on site.

Non-submission (and subsequent acknowledgement by RBC) of this form prior to commencement will mean you are unable to claim an Extension Exemption later, and you will be required to pay the full chargeable amount of CIL upon commencement.

As per the CIL Regulations there is no requirement for a Commencement Notice to be submitted for an extension which has obtained an exemption from this Council.

Any Commencement Notices submitted in respect of a Residential Extension Exemption will not be acknowledged or recorded.