Failure to submit the necessary forms to the Council, failure to notify the Council of changes, failure to comply with the terms of the notices and late payments will be subject to surcharges as set out in Regulations 80-86 of the CIL Regulations 2010 (as amended). The surcharges range from £50 - £2,500. Interest may also be applied to late payments in accordance with CIL Regulation 87.
In case of persistent non-compliance the Council may take more direct action and issue a CIL Stop Notice which prohibits development from continuing until payment is made and the stop notice is withdrawn.
The Council can also apply to the magistrates' court allowing it to seize and sell assets of the liable party and in a very small number of cases apply to send the liable person to prison for up to 3 months.
If you feel that enforcement action is unwarranted or has been taken in error, you are encouraged in the first instance to contact the Council. This is because it may be a lot quicker and easier to resolve the issue by contacting the levy collecting authority first before taking more formal action.
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