CIL Charging Schedules: How Developers Check, Calculate and Challenge the Levy

Before you can model the CIL cost on a site, you need the right charging schedule — and the right rate within it. Charging schedules vary by authority, by use class, and sometimes by geographic zone within the same authority. Getting the inputs wrong at appraisal stage means your cost model is wrong from the start.

This guide explains how charging schedules are structured, where to find them, how the indexation factor affects what you actually pay, how to check the authority's CIL calculation, and what recourse exists when figures don't add up.

This covers England only. This is general guidance, not legal advice. Take professional advice before committing to any scheme.

What a CIL Charging Schedule Is

A charging schedule is the document that sets out the CIL rates a local planning authority applies to new development in its area. It is prepared under Section 211 of the Planning Act 2008 and must be based on evidence of infrastructure costs and development viability across the area.

Charging schedules are not optional for authorities who want to charge CIL — an authority cannot charge CIL without an adopted schedule. But many authorities have not adopted one, which means development in those areas contributes through Section 106 alone.

An adopted charging schedule sets:

• Rates per square metre for different development types (residential, retail, commercial, etc.)
• Zone-specific rates in many authorities, with higher rates in more viable areas and lower or zero rates in areas where viability is constrained
• Zero rates for development types the authority is not charging (some authorities charge only residential CIL, for example)
• Development types that are not liable (exempt categories under the Regulations)

The schedule must be published on the authority's website. It typically comes as a PDF showing rates in a table by use type and zone, along with a map.

Where to Find the Charging Schedule

Every charging authority that levies CIL is required to publish its schedule on its website. The most reliable routes are:

• Search "[authority name] CIL charging schedule" — this usually surfaces the correct page directly, with a link to the PDF
• GOV.UK's guidance page at gov.uk/guidance/community-infrastructure-levy explains the framework
• The Planning Portal for the relevant planning application will often reference the charging schedule on the CIL Additional Information form

Two things to check when you locate the schedule:

1. Is it still current? Authorities can revise their charging schedules. Look for the version date and check whether a revised schedule is in force (the authority's CIL page usually notes this).
2. Does it apply to your development type? Schedules often have a zero rate for some use types. A commercial development in an authority with a residential-only CIL schedule may not be liable at all.

How the Rate Is Indexed: The Formula

CIL rates in the schedule are not fixed amounts — they are indexed to track construction-cost inflation. The calculation formula under Schedule 1 of the CIL Regulations 2010 is:

CIL = A × (IP/IC) × R

Where:

• R = the charging schedule rate (£ per square metre) for the relevant use type and zone
• A = the net chargeable floorspace area (gross internal area, less qualifying existing-use deductions)
• IP = the index figure for the year in which planning permission was granted
• IC = the index figure for the year in which the charging schedule took effect

The index that applies depends on when permission was granted:

• Permissions on or after 1 January 2020: the RICS CIL Index applies (introduced by the Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019). Published annually around 1 November, it is based on the BCIS All-in Tender Price Index.
• Permissions before 1 January 2020: the BCIS All-in Tender Price Index figures apply directly.

The indexation factor (IP/IC) multiplies the headline schedule rate. On a schedule adopted several years ago, the indexation factor can add substantially to the nominal rate — the indexed rate can be significantly higher than the original schedule figure, depending on how long the schedule has been in force and how much construction costs have moved. Always use the current year's index figures when modelling; do not rely on the schedule rate alone.

What "Net Chargeable Floorspace" Means

The CIL amount is not simply the total floor area of the new building. The Regulations allow deductions for existing lawful use. The key questions when calculating the net chargeable area:

• Is there existing floorspace in lawful use? Demolition of an existing building, or the change of use of an existing structure, may allow the gross internal area of that existing building to be deducted from the chargeable area. The rules on what qualifies are specific: the existing use must have been in lawful use for a continuous qualifying period within the 36 months before the planning permission was granted, and the sale of land before planning permission was granted can affect whether an existing-use deduction is available.
• Are there zero-rate elements? Some elements of a mixed-use development may fall into a zero-rate category in the schedule, reducing the chargeable amount even though floorspace is being added.
• Is there a £50 floor? If the calculated chargeable amount is less than £50, it is treated as zero and no levy is due.

If the calculation is not straightforward — phased development, retained structures, mixed uses — it is worth engaging a specialist before agreeing the CIL appraisal.

Checking the Liability Notice

After planning permission is granted, the charging authority issues a Liability Notice. This sets out:

• The development it relates to (reference to the planning permission)
• The relevant rate(s) applied
• The net chargeable area used in the calculation
• The calculated CIL amount

Check the Liability Notice carefully. Errors are not unusual — the authority is working from submitted drawings and planning application data. Common issues include:

• Wrong zone. The site is on the boundary of two charging zones, and the authority has applied the higher rate.
• Incorrect net area. The chargeable area has not accounted for qualifying existing-use deductions.
• Wrong use class. A mixed-use development has been assessed at the residential rate for floorspace that should be at the commercial (or zero) rate.
• Indexation factor error. The wrong year's index has been used.

If you believe the Liability Notice is wrong, contact the charging authority promptly. The Regulations set out an appeals and review process for challenging CIL decisions — the relevant route depends on the type of error and the stage you're at. Some errors can be corrected by the authority directly; others require a formal appeal to the Valuation Office Agency or the Planning Inspectorate.

Zones and Differential Rates

Many charging schedules have multiple zones, with rates calibrated to reflect land values and development viability across the authority's area. A scheme on the edge of a town centre may be in a lower-rate zone than one in a prime central location, or vice versa. Zone maps are published alongside the schedule.

A few practical notes:

• Boundaries can be ambiguous. If your site sits near a zone boundary, verify with the authority which zone applies before committing to an appraisal.
• Use class matters. In many schedules, residential rates are higher than commercial rates. A mixed-use scheme needs to apportion floorspace correctly between rate categories.
• The Mayoral CIL applies in Greater London. London boroughs that charge CIL collect both their own borough rate and the Mayoral CIL (MCIL), which funds Crossrail (the Elizabeth line) and other strategic transport infrastructure. Both apply to qualifying development. Check the Mayor's charging schedule as well as the borough's.

Where the Charging Schedule Fits in the CIL Process

Finding and checking the schedule is step one of a four-step process:

1. Locate the schedule, identify the applicable rate(s) and zone(s) — as above.
2. Apply the indexation factor to calculate the actual £-per-sqm figure for the year permission is expected.
3. Calculate the net chargeable floorspace after existing-use deductions.
4. Multiply: rate × indexation factor × net area to get the chargeable amount.

From there, the process moves to the Assumption of Liability form, the Commencement Notice (which must be submitted before works start — see our guide to the CIL commencement notice), and the Demand Notice. Our developer's guide to CIL covers the full sequence.

Summary

A CIL charging schedule sets rates per square metre by use type and zone, and forms the basis of every CIL liability calculation. Find the current schedule on the authority's website, check it is still in force, and identify the zone and use class that applies to your scheme. The actual charge is the schedule rate multiplied by an indexation factor (based on the RICS CIL Index for permissions from 2020) and the net chargeable floorspace. Check the Liability Notice when it arrives — zone errors, net-area miscalculations, and indexation mistakes all occur. Errors can be challenged, but the process has prescribed routes and timescales.

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Disclaimer: This is general guidance on CIL charging schedules as set out in the CIL Regulations 2010 and the Planning Act 2008. It does not constitute legal or financial advice. Verify applicable rates, index figures, and procedures with your professional advisers and your local charging authority.

Sources

• Planning Act 2008, Section 211 — Charging schedules
• CIL Regulations 2010, Schedule 1 — Calculation of chargeable amount
• Community Infrastructure Levy Regulations 2010 (SI 2010/948)
• GOV.UK — Community Infrastructure Levy guidance