Jurisdiction(s):
United Kingdom

Section 106 Agreements under TCPA 1990: Practitioner Checklist on Drafting, Parties, Conditions, Contributions, Enforceability and Execution (England and Wales)

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This Checklist offers a concise overview of the main statutory and practical issues in drafting and negotiating planning obligations under section 106 of the Town and Country Planning Act 1990 (TCPA 1990), more commonly known as section 106 agreements.

For more detailed guidance on:

the principal statutory requirements for planning obligations—covering formalities, relevant parties, registration formalities, when obligations become effective, and dispute resolution processes—see Practice Note: Planning obligations—key points
how to prepare a section 106 agreement in line with statutory criteria while achieving practical efficiency—see Practice Note: Drafting section 106 agreements—practical advice for developers
how to renegotiate a section 106 agreement—see Practice Note: Renegotiating planning obligations/section 106 agreements

Have the statutory requirements been fulfilled?

If the requirements of TCPA 1990, s 106 are not met, the obligations set out in the agreement may not constitute a 'planning obligation', with the result that the local planning authority (LPA) might be unable to enforce those obligations against successors in title to the original covenanting party.

A failure to specify the nature of the interest in the land renders the agreement unenforceable...

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Web page updated on 20/05/2026

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