Section 208: Liability, Planning Act 2008

Where liability to CIL would arise in respect of proposed development (in accordance with provision made by a charging authority under and by virtue of section 206 and CIL regulations) a person may assume liability to pay the levy.

An assumption of liability—

may be made before development commences, and

must be made in accordance with any provision of CIL regulations about the procedure for assuming liability.

A person who assumes liability for CIL before the commencement of development becomes liable when development is commenced in reliance on planning permission.

CIL regulations must make provision for an owner or developer of land to be liable for CIL where development is commenced in reliance on planning permission if—

nobody has assumed liability in accordance with the regulations, or

other specified circumstances arise (such as the insolvency or withdrawal of a person who has assumed liability).

CIL regulations may make provision about—

joint liability (with or without several liability);

liability of partnerships;

assumption of partial liability (and subsection (4)(a) applies where liability has not been wholly assumed);

apportionment of liability (which may—

include provision for referral to a specified person or body for determination, and

include provision for appeals);

withdrawal of assumption of liability;

cancellation of assumption of liability by a charging authority (in which case subsection (4)(a) applies);

transfer of liability (whether before or after development commences and whether or not liability has been assumed).

The amount of any liability for CIL is to be calculated by reference to the time when planning permission first permits the development as a result of which the levy becomes payable.

CIL regulations may make provision for liability for CIL to arise where development which requires planning permission is commenced without it (and subsection (6) is subject to this subsection).

CIL regulations may provide for liability to CIL to arise in respect of a development where—

the development was exempt from CIL, or subject to a reduced rate of CIL charge, and

the description or purpose of the development changes.

Section 208: Liability

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