CIL on multiple <100msq outbuildings?

RE: CIL on multiple <100msq outbuildings?

2025-10-27T08:45:18Z

Thanks Sue for your detailed reply, most helpful 👍

RE: CIL on multiple <100msq outbuildings?

2025-10-13T11:05:00Z

As far as I can see, the basic approach is that one planning permission = one CIL liability (or non-liability, if its under the 100m² threshold, as in this case). If they put in two separate applications, then they would get dealt with as two separate CIL assessments - there isnt a cumulative total in the same way there used to be for domestic PD, back in the day.

If they were to put in a single planning application for several bits and pieces (eg, a garden office, a loft conversion and a new triple garage), such that the combined total of extra GIA adds up to 100m²or more, then I would certainly treat it as liable (and invite an exemption claim). However, if they choose to do it piecemeal, even if its obviously to avoid CIL, then I dont think there is any provision in the CIL regs to arbitrarily amalgamate the CIL from the separate applications.

The principle would appear to be the same established in that famous appeal case about mezzanines back in 2016, where the developer deliberately split the scheme into two applications, one for the mezzanine insertion and one for everything else - and won the appeal when the Council tried to assess them together for CIL purposes.

CIL on multiple <100msq outbuildings?

2025-10-07T16:14:11Z

I wondered if anyone had had previous experience with this point.

It's quite clear from the rules that outbuildings under 100m sq. are exempt from CIL charges, be they permitted development or not, providing that the relevant paperwork is completed and exemption has been confirmed by the local authority. For the sake of discussion, say it was for 95m sq.

However, the CIL scope doesn't seem to cover what happens if a few months later the homeowner applies for a further exemption for another detached outbuilding, say another 95m sq.

I can't seem to find anything which clarifies this situation and if there is a time limit for individual's applications for separate exemptions or if the 100msq policy is a total per property?

Any thoughts would be greatly appreciated.