Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what guidance his Department given on whether local planning authorities may waive retrospective Community Infrastructure Levy charges on self-build and extensions where administrative errors were made by applicants in good faith; and whether he plans to provide new or updated guidance following the ruling of R (Luck) v Bracknell Forest BC [2025] EWHC 2984 (Admin).

The government has not issued official guidance to local planning authorities on matters relating to enforcement decisions on Community Infrastructure Levy (CIL) charges previously levied on householder developers.

CIL charging authorities are ultimately responsible and accountable for their own decisions on charging and enforcement of CIL.

That said, the government expects charging authorities to consider each case very carefully and in accordance with their legal obligations.

The government recognise that procedural requirements relating to exemptions for housebuilder applications under the 2010 CIL regulations have had financial consequences for some homeowners and we remain committed to finding an urgent solution to this issue.

We are also aware of the High Court decision in R (Luck) v Bracknell Forest BC [2025] EWHC 2984 (admin). As with any such ruling, its implications on the policy area will be carefully considered.