Developer contributions

What developer contributions are

Developer contributions include:

• Section 106 (S106) Planning Obligations
• the Community Infrastructure Levy (CIL)
• Section 278 (S278) agreements
• any agreements that either secure funding towards new development or provide infrastructure as part of any new development

How the money can be spent

There are different limitations between the 3 types of contributions in terms of how the money can be spent.

The Infrastructure Fund Statement is an important way of demonstrating how the council’s housing target, as set out within the City Plan Part One, is being delivered. It also shows how developer contributions will be used to in the delivery of essential supporting infrastructure

Community Infrastructure Levy (CIL) 

Community Infrastructure Levy (CIL) is a levy that applies to certain types of development. This funds essential infrastructure to support growth and development across the city. 

When CIL was adopted

We adopted CIL and its charging schedule on 5 October 2020. Charging started on the same day.

Developments granted planning permission on or after this date may be liable for CIL, if they meet the eligibility criteria. 

What applications are CIL liable

Developments that add 100 square metres or more of net additional floor space, or create a new dwelling, are subject to the levy. The only exception is when a single dwelling is converted into 2 or more dwellings without increasing the gross internal area. In Brighton & Hove, the levy applies to use classes C3, C2, Purpose Built Student Housing, Purpose Built Shared Living Accommodation, and Retail A1 to A5.

All applications for full planning permission, Lawful Development Certificates, reserved matters, and Section 73 must include CIL Form 1: Additional Information. Applications submitted without this form will be considered invalid. The form is essential for the council to assess whether CIL applies, and to calculate the correct amount.

Planning permission granted by general consent, including permitted development, prior approval, or Local Development Orders, may still be liable for CIL. If CIL applies, you must submit CIL Form 5: Notice of Chargeable Development before starting development, as required by Regulation 64 of the CIL Regulations 2010, as amended.

You do not need to submit Form 5 if:

• the development adds less than 100 square metres of floorspace and doesn’t include a new dwelling (Regulation 42)
• the development qualifies for a residential extension exemption
• there is no chargeable amount under Regulation 64

If Form 5 is required and you start development without submitting it, the full CIL amount becomes payable immediately, with no option for instalments.

How CIL is calculated

CIL is charged in pounds (£) per square metre on new floorspace, measured as gross internal area, applied at a fixed rate, adjusted in accordance with the RICS CIL Index to the year in which planning permission is granted for the development. The RICS CIL Index for the following year is prepared and published annually by the Building Cost Information Service (BCIS) on 1 November.

The charging schedule sets out the levy rates for different types of development, as required under Section 211(1) of the Planning Act 2008. Rates are shown in pounds per square metre and are detailed in our Developer Contributions Technical Guidance.

CIL is based on gross internal area (GIA), measured to the internal face of perimeter walls for each floor. This includes corridors, storage, toilets, lifts, and existing floorspace. Any structure with three or more walls and a roof is generally considered internal floorspace and is chargeable. Buildings that people do not normally enter are exempt, such as those used only for inspecting or maintaining fixed plant or machinery.

Assuming liability

The landowner, developer, or anyone else can take liability for paying CIL by completing and submitting CIL Form 2: Assumption of Liability. Liability can later be withdrawn using CIL Form 3: Withdrawal of Assumption of Liability or transferred to another party using CIL Form 4: Transfer of Assumed Liability.

To claim any CIL relief or exemption, you must first assume liability. Claims for discount, relief, exemption, or phase credits won’t be considered unless liability has been assumed. If no relief or exemption is claimed, liability must still be assumed before development starts on site.

If liability isn’t assumed before development starts:

• Liability defaults to the landowner.
• The option to pay in instalments is lost.
• The full CIL amount, plus surcharges and interest, becomes immediately payable.
• Late payment interest will continue to accrue until full payment is made.

Once CIL liability is confirmed and notified, a charge is placed on the land. When a CIL Demand Notice is issued, the council may apply additional charges to secure payment. These charges are removed once full payment is received. 

Reducing your liability

The chargeable floorspace can be reduced if the development site includes a lawfully used building that was on the land on the day planning permission was granted. The building must have been used lawfully for at least six continuous months during the three years leading up to the date planning permission is granted. This is called an in‑use deduction.

You need to provide evidence of lawful use to claim this deduction. Proof can include 6 months of utility bills, a business rates or council tax bill, a headed letter from a solicitor or letting agent confirming the use, or a signed, sworn, and witnessed affidavit from someone who can confirm the use. Leases are not enough to prove lawful use. We might ask for more supporting documents. If there isn’t enough proof, we can’t reduce the floorspace from the chargeable floorspace.

Other reliefs and exemptions

Relief or exemption from CIL are available in specific circumstances. 

To claim relief or exemption, you must submit the following with your planning application:

• CIL Form 1: Additional Information or Form 5: Notice of Chargeable Development
• CIL Form 2: Assumption of Liability Form
• Relevant CIL form for the relief or exemption

Types of relief and exemption

Subject to eligibility criteria, the following may be claimed:

• Social housing relief
• Charitable relief
• Self-build exemption
• Residential extension exemption
• Residential annexe exemption

Certain events can disqualify relief or exemption, making the full CIL amount payable. These events are detailed in their claim forms. Failure to notify us of these events may result in surcharges in addition to CIL.

You must also submit a Commencement Notice to the CIL Team at least one day before the development starts. This isn’t required for residential extensions where an exemption has been granted.

Paying CIL

When the CIL process is followed correctly, a demand notice will be issued when development commences, and payment is due in accordance with out instalment policy. If the process isn’t followed, the full CIL amount must be paid within 60 days of commencement.

To use the instalment option, you must submit before development starts:

• CIL Form 2: Assumption of Liability
• CIL Form 6: Commencement Notice

Failure to submit these forms or make payments on time will result in the full CIL amount being due immediately, with possible surcharges.

Details on how and when to make payments will be confirmed in the demand notice.

Late payments incur interest under Regulation 87 of the CIL Regulations 2010, calculated from the day after payment was due at 2.5% above the Bank of England base rate until full payment is made.

How we spend CIL

Under Regulation 59 of The CIL Regulations 2010 as amended, the council must use CIL to fund the provision, improvement, replacement, operation, or maintenance of infrastructure to support the development of its area. CIL can also be used for infrastructure outside its area if it benefits development within Brighton and Hove. Infrastructure has a broad definition under the Planning Act 2008 and includes roads and other transport facilities, flood defences, schools and other educational facilities, medical facilities, sporting and recreational facilities, and open spaces. 

Infrastructure funding statement

In September 2019, the government introduced Regulation 121A in the CIL Regulations 2010 as amended. This requires the council to publish an Infrastructure Funding Statement (IFS) every year.

The IFS must include a:

• list of infrastructure projects or types the council plans to fund, or may fund, with CIL
• report about CIL
• report about planning obligations

This must be published by 31 December each year. 

CIL and its relationship with S106

CIL doesn’t replace Section 106 agreements, and S106 obligations may still apply for site-specific mitigation and on-site policy requirements. CIL funds city-wide infrastructure improvements needed because of growth from new developments.

With CIL in place, S106 agreements are scaled back and now focused on site-specific needs, while CIL addresses wider infrastructure and cumulative development impacts.

Forms

All CIL forms are available on the Planning Portal. You can download the forms you need and submit them to the council as part of the CIL process. 

Contact CIL

Section 106

Planning obligations are legal obligations used to reduce or manage the impacts of a development. They can be made through a legal agreement under Section 106 of the Town and Country Planning Act 1990 between the council and someone with an interest in the land. They can also be made through a unilateral undertaking under the same Act, where someone with an interest in the land makes these obligations on their own without the council. These are called Section 106 (S106) agreements.

Obligations are split between financial and non-financial obligations.

Non‑financial obligations in an S106 agreement can require a developer to:

• limit how the land is developed or used
• carry out certain works or activities in, on, under, or over the land
• use the land in a specific way

Financial obligations (also called developer contributions) are payments that help fund the infrastructure needed to support the development. The council can require these payments to be made on a specified date, dates, or periodically. The types of contributions the council currently collects include:

• affordable housing (including commuted sums)
• local employment schemes
• off‑site biodiversity net gain
• monitoring fees
• artistic contributions

Section 278

You may also need to enter into a Section 278 agreement if your development affects the highway.

Developer contributions technical guidance

View our developer contributions technical guidance.

Infrastructure Funding Statement

View a copy of our latest Annual Infrastructure Funding Statement for Community Infrastructure Levy and Section 106 developer contributions.