Stage 4: Commencement Notice (Applicant) and Acknowledgement (Council)
Stage 4a. Commencement Notice (applicant)
At least one day before commencement starts, you must submit a valid ‘Form 6: 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.
If you submit a Commencement Notice, and then want to change the commencement date, just submit a revised 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Once development commences, liability cannot be withdrawn, although it can be transferred up to the date final payment is due.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 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.
If you fail to submit a valid CIL Commencement Notice prior to commencement or provide an incorrect commencement date, this will result in the Council deeming a commencement date and issuing a Demand Notice with CIL being payable immediately. We will 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, a penalty surcharge is likely to be imposed.
What is classed as commencement for CIL purposes?
Development is classed as commenced in accordance with Section 56 of the Town and Country Planning Act 1990 and the definition of 'material operations'. Material operations include the demolition of existing buildings, any work of construction in the course of erecting a building, digging of a trench to contain the foundations, or part of the foundations, laying of underground main or pipes, any operation in the course of laying out or construction of a road, and any change in use of the land which constitutes material development.
Appeals
See the appeals page for further details about appealing against a deemed commencement date or surcharge.
4b. Acknowledging the Commencement Notice (Council)
The Council will record and acknowledge receipt, in writing, of your CIL Commencement Notice and issue a Demand Notice.