CIL process for developers

Assumption of liability

The assumption of liability form will need to be completed and submitted to us. It may be submitted with the planning application, or at any time between submission of the planning application and commencement of the development. Early submission of this document may reduce the time taken in issuing a liability notice. 

The assumption of liability can be withdrawn or transferred at any time, prior to commencement, by using either form 3 – withdrawal of liability form , or form 4 – transfer of liability form. Once development commences, the assumption of liability can be transferred but cannot be withdrawn. 

If no-one assumes liability, then payment automatically defaults to the owners of the land. If payment is not received from the party assuming liability, payment can also default to the owners of the land. If we have to identify the owners of the land, or identify the apportionment, then a surcharge can be applied.

Once we have the assumption of liability form we will then issue as soon as possible after your planning decision notice, a CIL liability notice. The CIL liability notice will issued to the applicant, the developer, and whoever has assumed liability for the scheme. This sets out the amount of CIL you must pay for your development and payment procedure. A new liability notice will be issued at any point when the liability changes.

If you disagree with the liability notice, you may first request a review under Section 113 of the CIL regulations. To do this, write within 28 days of the date of the liability notice stating why you think the liability notice is incorrect, and send by email marked "Request for CIL S113 review", or by letter to:

Spatial Policy and Delivery, Lichfield District Council, Frog Lane, Lichfield, WS13 6YZ.

If this does not resolve the issue, you may then appeal under Section 114, 115 or 116 of the CIL regulations to the Valuation Office Agency.