Request s106 or s52 agreement deed information

Section 106 or s52 agreements are legal agreements that are often used on major and complex applications to secure public benefits (planning obligations) from applicants that are necessary to make the proposed development acceptable.

Where do I find a copy of the s106 or s52 deed?

A copy will often be found within the planning permission documents by searching on the planning permission reference number. There is no charge for this information.

Please note: As a planning permission will often pre-date road naming, you will need the original planning permission reference which can be found on your land charges search. Details of the larger developments in the borough are set out on the next page.

What if I cannot find a copy of a s106 or s52 deed online?

We can find the deed for you for a fee. See planning document copies and charges.

Informal compliance confirmation requests

Sometimes a property purchaser will ask for a view on whether the s106 or s52 requirements have been met or completed. 

Unfortunately, it is not always possible to confirm all the obligations have been complied with. Some are valid in perpetuity so can never be discharged. For development sites still under construction, the triggers to comply with an obligation may not have been reached.

For some of the larger developments, we will have already said if the development complies with the requirements of a s106 or s52. For these, a copy of the compliance letter will be found within the planning permission documents online by searching on the planning permission reference number. There is no charge for this information.

Please note: As planning permission often pre-dates road naming you will need the original planning permission reference which can be found on your land charges search.

If there is no s106 or s52 compliance letter online?

Sometimes, we can check and issue a new compliance confirmation letter.  

You need to create a My Account as well as providing:

  • the planning permission reference numbers for checking (preferably extract of local land search)
  • a bank card through which to make payment

Only one property address can be requested each time. 

s106 or s52 compliance information request form

We aim to respond within 20 working days. If the matter is complex or the development was granted planning permission before 2000 it will take up to 40 working days. 

Enforcement against new owners

You should obtain on your legal advice on whether the wording of an obligation can or cannot be enforceable against individual property owners. If the obligation or part of the obligation is silent on this point often the deed is enforceable against future owners.

Discharge of s106 obligation

Formal discharge requests can be made to the council. Details of how to apply can be found on your guide to planning.

 

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