Law Society Precedent Section 106 Agreement

The same applies to other planning agreements such as the motorway agreements under Section 278 of the Highways Act 1980: they should only be used where planning conditions cannot be given. Local authorities should take a pragmatic and proportionate approach to the implementation of the planning obligations in Section 106 during the coronavirus outbreak. It is very important to carefully review all remaining sections 106 to ensure that they remain valid and applicable and to verify that all remaining obligations have been met. Section 106s is registered as an IFC; they run with the country and are enforceable by or against all parties to the facts. Since Section 106 can be applied to all rights holders, it is essential to carefully review the text of existing Section 106 to ensure that all obligations are met to protect future owners from liability. The rights holders, if they are more than one, are jointly obliged to fulfil the outstanding obligations. There can be no enforceable force of Section 106 by or against third parties (i.e. parties who are neither an initial part of the facts nor a rightful person). In May 2019, the government reintroduced a waiver for Section 106, which is used to ensure affordable housing for buildings of less than 10 units or less and developments of less than 1000 square metres of useful space; Affordable housing cannot be necessary in the context of these minor developments. The goal was to support small developers and make small developments more viable.

Affordable housing is very often required in section 106, especially for medium to large construction projects. There are different types of affordable housing, on a slippery scale relative to market price, including: Councils often have a section 106 supervision and/or compliance officer, whose role is to ensure that all obligations are met. This role involves monitoring fees that the APA may collect to cover the monitoring and reporting costs associated with the provision of the Section 106 (PPG) obligation. Monitoring costs can be difficult to question. Under CILR Regulation 121A 2010, any district or district council that receives Section 106 contributions must prepare an annual infrastructure funding statement for reasons of transparency, which can be accessed as part of a freedom of information request, unless it is forwarded in response to an informal request. With regard to the implementation of section 106 obligations during the coronavirus outbreak, the Ministry of Housing, Municipalities and Local Authorities issued useful guidelines on May 13: “If a planning obligation, such as financial participation. B, is triggered during this period, the local authorities are asked to check whether to allow the promoter to postpone the delivery. Delays may be time-limited or related to the government`s broader legislative approach and the removal of CIL relief (although in this case we would encourage the use of a back-stop date). To accept these changes, variation changes can be used.