Planning due diligence: conditions and section 106 planning obligations - searches, reporting, compliance, variation, appeal and enforcement

Published by a LexisNexis Planning expert

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Planning conditions and planning obligations often limit both what development may take place and the way it is carried out on the land or buildings to which they apply. See Practice Notes: Planning conditions—key points and Planning obligations—key points.

Planning obligations

Agreements made under section 106 of the Town and Country Planning Act 1990 (commonly called section 106 agreements, or planning obligations) control the use of land and bind successors in title. They are recorded as local land charges. The agreement should specify the land it binds by reference to an attached plan, which will usually mirror the planning application site boundary for the related development. A section 106 agreement is typically concluded before the decision notice granting planning permission is issued.

How are planning obligations revealed?

Review the outcome of the local land charges search (LLC1). Planning obligations are registrable as local land charges. From 12 April 2015, HM Land Registry has responsibility for the local land charges register. Transitional provisions permit HM Land Registry to implement the transfer progressively by giving notice to the relevant local planning authority (LPA)...

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Web page updated on 20/05/2026

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