Jurisdiction(s):
United Kingdom

A practitioner’s guide to drafting and negotiating section 106 planning obligations: scope, formalities, contributions, fees and enforcement (England)

Published by a LexisNexis Planning expert

Practice notes

What is a section 106 agreement?

Section 106 agreements under the Town and Country Planning Act 1990 (TCPA 1990) (formerly section 52 agreements), often called ‘planning obligations’, are legal agreements between landowners/developers and local planning authorities (LPAs). They secure contributions towards infrastructure and services—community facilities, public open space, transport upgrades and/or affordable housing—to mitigate a scheme’s effects. They are typically, though not invariably, linked to a planning application. Because they bind the land, they are enforceable against successors in title. See Practice Note: Planning obligations—key points and Checklist for drafting a section 106 agreement...

Are standard form section 106 agreements available?

LPAs, or their solicitors, usually issue the first draft based on standard agreements or model clauses. The landowner/developer’s lawyers then amend it and negotiations follow to settle an agreed form. In some instances, the LPA may accept a first draft prepared by the landowner/developer’s legal team. While each section 106 agreement is bespoke and tailored to the particular development it regulates, there are a number of...

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Web page updated on 21/05/2026

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