In Other Relevant Building Credit (for Community Infrastructure Levy)

What is the In Other Relevant Building Credit?

The Other Relevant Building Credit is the less widely known second limb to In Use Building Credit set out in the CIL regulations at Regulation 40.

for other relevant buildings, retained parts where the intended use following

completion of the chargeable development is a use that is able to be carried

on lawfully and permanently without further planning permission in that part

on the day before planning permission first permits the chargeable


“relevant building” means a building which is situated on the relevant land on the day planning

permission first permits the chargeable development.

In theory the regulation is as straightforward as it sounds.

If your development is equal in size or smaller than the existing buildings on site, which already have planning permission to be used for the same use that your new planning application proposes, you should pay no CIL, and if its bigger, then you pay CIL only on the increase in floor area.

The critical point here is that the building need not have been in use for more than 6 months in the last 3 years to take advantage of this provision.

This credit is particularly useful where you already hold a pre–CIL Charging Schedule permission for an existing building, and are seeking a new post CIL consent, because the CIL regulations do not generally allow credit for Pre CIL consents.

NB it does not help when there are no buildings standing at the date the new permission is granted.

Of course, in practice CIL collection departments are keen to disapply the Other Relevant Building Credit, and often applicants have failed to even claim the credit.

In practice there are many grey areas in the application of the ‘other relevant building credit’ – so if you are in doubt do telephone to discuss utilising our CIL mitigation services.

Affordable Housing Services
August 17, 2023

Affordable Housing Services

So, where to begin with affordable housing on your site?
Budget 2021: Our Reaction
October 29, 2021

Budget 2021: Our Reaction

There are several headlines of note from Rishi Sunak’s Budget 2021 announcements, including both things said and unsaid. Here's our reaction to Wednesday's announcements.
Case Study: Duplicate Planning Applications, s106 Contributions, and Appeals
August 19, 2021

Case Study: Duplicate Planning Applications, s106 Contributions, and Appeals

This viability case extends through initial report, extensive negotiation and appeal. It demonstrates several important points, including the way greenfield infrastructure costs should be accounted for in viability assessments, how to deal with potentially unreasonable behaviour from a planning authority, and that just because a site is allocated in the local plan does not mean that site-specific costs cannot be taken into account. It also demonstrates that a duplicate planning permission can be used to vary previously agreed s106 contributions.

High Section 106 costs are avoidable

Call us today for a free consultation. Market leader in viability assessment and Section 106 negotiation.

Call us now on
01392 840002
Request a call