Community Infrastructure Levy (CIL) calculator

1. Enter the total gross internal area to be demolished across the entire site as part of the chargeable development. Demolished floorspace will be apportioned across the total proposed floorspace for the whole site. To be eligible for deduction, the floorspace to be demolished must be part of an existing building which:
   • is situated on the relevant land on the day planning permission first permits the chargeable development; and
   • contains a part that has been in continuous lawful use for at least six months within the period of three years ending on the day planning permission first permits the chargeable development.
2. Click 'Add area' and:
   1. Enter the proposed floorspace for a particular land use type in the 'Proposed floorspace' box,
   2. If there is any existing floorspace to be retained that will form part of the same proposed use being added, enter this figure in the 'Existing floorspace to be retained' box. To be eligible for deduction, the floorspace to be retained must part of an existing building which:
      • is situated on the relevant land on the day planning permission first permits the chargeable development; and
      • contains a part that has been in continuous lawful use for at least six months within the period of three years ending on the day planning permission first permits the chargeable development.
      In addition, the following floorspace to be retained will also be eligible for deduction:
      • The floorspace of retained parts of existing buildings where the intended use could be carried on lawfully and permanently without requiring planning permission. This means that floorspace of retained parts which will continue as the same use in the proposed development will be eligible for deduction in the CIL calculation, even where the existing building has not been in lawful use for the required period of time.
   3. Using the dropdown menu, select the use/rate that applies to the proposed floorspace that is being inputted
      • For the Mayor's CIL, a zero rate should only be selected where the proposed floorspace will be used wholly or mainly for education or healthcare. In all other cases the Mayoral CIL rate should remain at £50/sqm.
      • For the Hackney CIL, the applicable use/rate should be selected. The drop down menu will automatically display the CIL rates for the charging area selected at the start of the calculation.
   4. If residential floorspace is being added and the development proposes affordable housing, enter the proposed floorspace of the affordable housing in both the Mayor's CIL and Hackney CIL sections. This should only be entered if it will be eligible for mandatory social housing relief. To qualify for social housing relief the affordable dwellings must meet the criteria set out in Regulation 49 of the CIL Regulations 2010 (as amended). Social housing relief must be claimed by submitting a Relief Claim form to the council prior the commencement of the development.
   5. Existing floorspace to be retained for the provision of affordable housing should also be entered, if applicable. Existing floorspace to be retained for the provision of affordable housing will not be eligible for social housing relief because it has already been deducted as part of the overall existing floorspace to be retained in part b. above.
3. Repeat steps 3 a, b and c for all uses that will be included in the proposed development. Steps 3 d and e should only be followed when entering proposed residential floorspace.
4. Once all of the floorspace details have been entered you will be able to see a breakdown of the Mayor's CIL and the London Borough of Hackney CIL charges, as well as the combined totals and total floorspace details. The payment instalments for each CIL charge will also be displayed.

Paying CIL in instalments

Hackney Council has a CIL instalments policy in place and CIL charges will be payable in accordance with this policy. In cases where a Hackney Council or Mayoral CIL charge is less than £500,000, the whole amount will be payable within 60 days of the commencement of the development. Where a Hackney Council or Mayoral CIL charge is £500,000 or more, the amount will be payable in two or more instalments. The rules on paying CIL in instalments are set out in Regulation 70 of the CIL Regulations 2010 (as amended). The payment of CIL in instalments should be taken into account in any viability assessments, as this will assist with cash flow.

Phased development

For In cases where a development which has been permitted in phases, each phase is treated as separate development for the purposes of CIL, and each phase should be entered into a separate calculator. The phasing of payments should be taken into account in any viability assessments, as this will assist with cash flow.

Relief and exemption from CIL

If the development is not eligible for social housing relief, there are other reliefs and exemptions that may apply.

In addition to social housing relief for affordable housing provision, a development may be eligible for relief or exemption from the CIL charge where it involves:

• Development where the owner of a material interest in the relevant land is a charitable institution and the development will be used wholly (or mainly) for charitable purposes;
• A self build annex or extension, or
• A self build dwelling.

Charitable relief is granted based on the charitable owner's share of the CIL charge, rather than the floorspace of the development. Self build exemption will apply to the floorspace of the annex/extension or dwelling.

Relief must be claimed by submitting the relevant relief claim form prior to the commencement of the development.

Hackney Council and the Mayor of London do not have a policy for granting discretionary charitable relief or exceptional circumstances relief and will not accept claims made on this basis.

Further information on relief and exemption from CIL can be found on the National Planning Practice Guidance website.

Final CIL liability

Formal determination of the CIL liability will be made by Hackney Council when a Liability Notice is issued after a CIL liable application is approved.

Please note that the CIL charges produced by the calculator may be subject to change and may differ to the final calculation of CIL liability.

The final calculation of the CIL chargeable amount will be based on the final gross internal area (GIA) floorspace figures proposed as part of the approved development, and will depend on the following:

• Is the floorspace of existing buildings to be demolished or retained eligible for deduction from the CIL chargeable amount?
• Is the development eligible for relief or exemption from CIL?
• Has indexation been applied?
• Have any surcharges or late payment interest been applied?

Further information

Further information and all CIL forms are available on the Hackney Community Infrastructure Levy page and Planning Portal website.

Guidance on the Community Infrastructure Levy can be found on the Planning Practice Guidance website.

For further information or advice on CIL please contact the Developer Contributions Team at cil@hackney.gov.uk.