The Community Infrastructure Levy Regulations 2010

Enforcement of local land charges E+W

107.—(1) This regulation applies where a collecting authority wishes to enforce a local land charge imposed under these Regulations in respect of a chargeable development.

(2) The collecting authority must notify—

(a) the owners of the relevant land; and

(b) any other person the authority considers may be prejudiced by enforcement of the charge,

of its intention to enforce the charge.

(3) The notification must—

(a) be in writing;

(b) be displayed on the relevant land;

(c) set out the collecting authority’s reasons for seeking to enforce the charge; and

(d) state the outstanding amount of CIL due in respect of the chargeable development and the steps the collecting authority will take if payment of that amount is not forthcoming.

(4) If the collecting authority does not receive payment of the amount referred to in paragraph (3)(d) within 21 days of the date of the notification, it may apply to a county court for consent to enforce the local land charge.

(5) In deciding whether to grant consent to enforce the charge the court must consider all the circumstances of the case, and in particular any evidence before it as to whether any person would be likely to be unduly prejudiced by enforcement of the charge.

(6) The collecting authority may not enforce a local land charge imposed in respect of the chargeable development if the outstanding amount of CIL due in respect of that development is less than £2000.

(7) For the purpose of enforcing a local land charge under this regulation, the collecting authority has all the same powers and remedies under the Law of Property Act 1925(1) and otherwise as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

Commencement Information

I1 Reg. 107 in force at 6.4.2010, see reg. 1

(1)

1925 c. 20.