Demonstrating that buildings are in continuous lawful use

Regulation 40, in accordance with Schedule 1, of The Community Infrastructure Levy (Amendment) Regulations 2019 allows for existing floor area that has been in continuous lawful use for at least six months in three years prior to the day that planning permission is granted to be used as deductible floor area against the calculation of the CIL liability for the development. For Outline applications the day permission is granted is on approval of the final Reserved Matter, and for Prior Approval or permitted development cases this is on receipt of a Notice of Chargeable Development form.

It is the applicant's responsibility to provide the evidence to demonstrate the continuous lawful use. Information that could be submitted to demonstrate this can include the combination of the following:

  • Copies of leases (Note: copies of leases without supporting information to demonstrate continuous lawful use and occupancy are unlikely to accepted) 
  • Electricity/gas bills for the six month period
  • Business rate/council tax bills and payments
  • Where an informal arrangement exists, redacted bank statements should be submitted to show to show rent has been paid
  • Confirmation from a letting agent/solicitor advising of the period of occupancy
  • An affidavit/legal declaration

The Council will require further evidence of continuous use if it is not evident from the information supplied and will not consider the existing floor area as deductible floor area unless the applicant demonstrates this.

If you require any further assistance please contact the CIL Officer.

Southampton City Council will use the information provided on these forms to administer the Community Infrastructure Levy. If further information is needed in order to do so, you may be contacted using the details provided.

In performing this service, the Council may be required to share your information with other organisations or departments, but it will only do so when it is necessary in order for the service to be provided.

The Council may also share your personal information for the purposes of the prevention, investigation, detection, or prosecution of criminal offences, but will not share your personal information, or use it for this, or any other purpose, unless provided for by law.

Please note that, in order for the Council to fulfil its statutory obligations, the information provided on these forms and in supporting documents may be published on its website. If you require any further clarification, please contact the CIL Officer.

More detailed information about the Council’s handling of your personal data can be found in its privacy policy.