Planning (Wales) Act 2026

176 Default liability for CIL

(1) CIL regulations must make provision for an owner of land or a developer to be liable for CIL where—

(a) a chargeable development starts in reliance on CIL planning permission, and

(b) no one has assumed liability in accordance with provision made as mentioned in section 175(3).

(2) CIL regulations may specify other circumstances (such as the insolvency of a person who has assumed liability or the withdrawal of an assumption of liability) in which an owner of land or a developer is to be liable for CIL where a chargeable development starts in reliance on CIL planning permission.

(3) In this section—

(a) “owner”, in relation to land, means—

(i) an owner of the freehold estate, or

(ii) a tenant under a lease, the term of which ends more than 7 years after the day CIL planning permission first permits the chargeable development;

(b) “developer” means a person who is wholly or partly responsible for carrying out a chargeable development.

(4) But CIL regulations may provide that a person is, or is not, to be treated as an owner of land or a developer in circumstances specified in the regulations.