Enter to open, tab to navigate, enter to select
CIL provisions added to PLC Property materials
Practical Law UK Legal Update 7-507-1022 (Approx. 3 pages)
CIL provisions added to PLC Property materials
by PLC Property
| Published on 02 Aug 2011 • England, Wales |
Several PLC Property standard documents, drafting notes and practice notes have been amended to refer to the Community Infrastructure Levy (CIL).
Community Infrastructure Levy (CIL) is a charge on new buildings, above a certain size, that local planning authorities may choose to set and which is designed to help fund local and sub-regional infrastructure identified in their development plans.
CIL will be paid primarily by owners or developers of land that is developed and is based on a formula that relates the size and character of the development to the amount charged. For more information, see Practice note, Planning Act 2008: Community Infrastructure Levy: an overview.
The following documents have been amended to refer to CIL:
- Standard document, Developer's option agreement: provisions have been added to require the Developer to assume liability for any CIL.
- Standard document, Landowner's option agreement: provisions have been added to require the Developer to assume liability for any CIL.
- Standard document, Contract for the sale of freehold land with vacant possession conditional on planning permission: we have added an obligation on the buyer to indemnify the seller against all liabilities arising out of any CIL.
- Standard document, Landowner's development agreement: we have added the costs of any CIL to the definition of Development Costs.
- Standard document, Licence to carry out works: in clause 8 we have added "levies" to the list of "fees, rates and taxes" that the tenant must pay.
- Standard document, Report on title: in paragraph 10.5 we have added information about CIL.
- Practice note, Leases: Compliance with laws clauses: in the section on planning there is a list of reasons why a landlord would want to retain control over planning applications. We have added ensuring that the tenant assumes liability for CIL to this list.
- Practice note, Investigating the property: planning title: we have added CIL to the list of possible local land charges that might be revealed by a local land charges search.
- Practice note, Searches: Local land charges: we have added CIL to the examples of local land charges.
If you have any comments or queries on these changes, please send them by e-mail to [email protected].