New Community Infrastructure Levy Regulations 2010 Published

The government has published the regulations that will govern the application of the Community Infrastructure Levy. This follows the Government's consultation on the draft regulations, which closed in October 2009.

Key points to highlight in the final regulations include:

• The calculation of the chargeable amount for CIL will be based upon the net increase in floorspace on the site. This represents an important departure from the consultation proposal which was based upon the total gross floorspace of the proposed development (Section 40).
• Local Authorities will have the power to award discretionary relief from CIL where they consider it expedient to do so (Section 54).
• Local Authorities may now in certain circumstances accept the transfer of land as payment in kind for CIL (Sections 73 and 74). No other form of payment in kind is included in the regulations.