section 106 agreement when buying a house

Just keen to know if this a standard conveyancing question or have any other mumsnetters come across this too, thanks. There will be certain amounts the developer will need to pay to the council at certain stages during the development. Much of the "boilerplate" in section 106 agreements arises from the section itself, as discussed below. The additional enquiries raised have been very comprehensive, great for the buyer and a major pain for me as my conveyancer just passes them on and leaves me to do the digging.I always thought section 106 was to do with an agreement between the developer and the planning authorities re 'affordable' (hollow laugh) houses in order to get their plans through. An appeal mechanism is contained in section 106B - the procedure for which is governed by the Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992.Where modifications to planning permissions are made under section 73 of the Town and Country Planning Act 1990, the result is a new standalone planning permission which must be tied to the 'original' section 106 agreement by way of a supplemental agreement. For example there is case law concerning imposing obligations preventing residents from applying for parking permits as a relatively recent example of obligations commonly entered into, but held by the Court to fall outside the powers.Sections 106(3), (4) and (9) often lead to "boilerplate" clauses in agreements, setting out enforcement provisions, how persons may be released from liability once parting with their interest, and also in the case of s106(9) the formalities required in such instruments.The method of enforcing a section 106 agreement is also contained in the section itself  which allows for injunctions and also the authority entering onto the land to carry out operations itself, and charge the cost back to the person against whom the Agreement is enforceable.Modification and discharge of section 106 obligations is governed by section 106A, which allows for variations:  by agreement at any time between the authority and the persons against whom the obligations are enforceable. We’d also like to set optional analytics cookies to help us understand how visitors use the website and improve it. Section 106 affordable housing requirements: review and appeal Ref: ISBN 9781409838685 PDF , 90KB , 16 pages This file may not be suitable for users of assistive technology. To use this feature subscribe to Mumsnet Premium - get first access to Just wondering if anyone else has been asked for details of section 106 Agreement when selling their property? Regulation 122 provides that an obligation may only be taken into account as a reason for granting planning permission where it is:This is now commonly reflected in the wording of the relevant committee report to members, in which the planning officer both confirms that these tests have been considered and sets out the justification for the obligations. Once an application is made, section 106A(6) then governs what decisions the authority may take. Modification and discharge of section 106 obligations is governed by section 106A, which allows for variations: by agreement at any time between the authority and the persons against whom the obligations are enforceable. Very impressed with our local council, very helpful and obliging, hopefully these documents will satisfy the purchaser's solicitor.Sounds good, hope it all goes smoothly from now on!This is very important!

The cookies collect information in a way that does not directly identify anyone.For more information about these cookies and how they work, please see our Our buyer's solicitor has requested this and my fairly useless conveyancer has not really explained why it's needed.

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