The Government announced that they would give CIL charging authorities a discretion which is applicable for a limited time (in certain prescribed circumstances and if it is considered appropriate) to defer CIL payments, to disapply late payment interest and surcharge payments; and to credit interest already charged to developers.
The Regulations apply to developers with an annual turnover not exceeding £45 million to make a request to defer a CIL payment if:
- They have received a demand notice for a CIL payment;
- That CIL payment is set to be made before 31 July 2021; and
- They are experiencing financial difficulties for reasons connected to the effects of coronavirus.
The Request Process
Developers should make a deferral request to the Council no more than 14 days before, as soon as practicable after the date the CIL payment is due.
The Council can request as much information from the developer they reasonably need to consider the deferral request. Developers must provide that information, in so far as it is in their possession or control, within 14 days of the request being made.
The Council will make a decision to grant or refuse the request within 40 days of receiving the request. The Council may grant a deferral request for no more than 6 months beginning with the day the Council receives the request in writing. The Council are precluded from charging late payment interest or a surcharge while they are considering the request.
Where the deferral is refused, then the deadline for the payment will be within 7 days.
The CIL coronavirus regulations do not provide a right of appeal if a deferral request is refused.