Section 106 charges gone

News
Picture of scaffolding on building being built - Section 106

The government has announced that councils in England will no longer be applying Section 106 charges on smaller residential building schemes. This means it will now be cheaper and easier to build new properties or bring disused buildings back into use.

S106 agreements or ‘developer contributions’ have been traditionally imposed by councils when dealing with schemes for new development. The charges can vary significantly and are usually used to make a development proposal that would otherwise have been rejected acceptable in planning terms. For example, you may be asked to pay some money to provide infrastructure or affordable housing.

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This is good news for small developers and self-builders as, in the government’s own words, the changes will ‘ensure any builder helping to turn someone’s dream home into a reality … doesn’t get lumbered with Section 106 charges’.

Small sites - specifically those with ten homes or fewer - will not be expected to stump up the charges. The government also confirmed that in very rural areas, sites of five homes or fewer should not face the charge.

Note that this change does not apply to Wales. Speak to your local authority today for guidance on what they are doing with their Section 106 charges and obligations. Find your local authority using our postcode finder.

Comments

Negative impact?

Submitted 5 years 7 months ago

Although I think this news may be welcomed by small builders/developers and will help sustain or even kick start growth in the building industry for the smaller contractors it may have a negative impact on communities where there is a shortage of schools and infrastructure....I can see it being a postcode lottery. The Section 106 is already seen by many as an additional 'Tax' on developers, on top of the extra income the Local Authority will generate over the years from the Council Tax.

Misleading

Submitted 5 years 7 months ago

I think this article is slightly misleading.

I work across the UK, however, primarily in the West Midlands, Shropshire.

Revised S106 were put forward to government close of November.

Shropshire as a council are as yet still not accepting that S106 agreements/Affordable Housing contributions have been abolished on sites lesd than ten and/or with a GIA of less that 1,000sq.m.

At present applications still being submitted, Affordable contributions are still being calculated whilst the council take independent legal advice.

Word of advice

Submitted 5 years 7 months ago

You're right this is what is happening in our case,as we are still waiting to hear from Richmond council whilst they consult their legal team.
A word of advice, do not start building until you have read the planning portal regulations regarding S106 and CIL.
If you don't follow the procedure and start to build you will be liable to pay the contributions. It's a fine line. Good luck.

Illegal

Submitted 5 years 7 months ago

The 106 is an 'illegal' tax that housing developers have never challenged. What other business is forced to pay tax for permission to trade? When a car manufacturer wants to build a plant to produce cars, (something we don't readily need), the councils don't require them to pay a contribution to roads; or make available every tenth car for social needs, so as to get permission to manufacture. So why is it that developers need to? Especially house builders? If it is one thing we need more of, it is housing. I believe if the major house builders pooled some resources to make a legal challenge on the fairness of 106's, they might win the day. A contribution like a '106 tax' or a 'permission to trade tax', should be made by every type of business, or none.

Current situation

Submitted 5 years 7 months ago

Currently Section 106 agreements apply even to small extensions if foul or surface water enters the public sewers either directly or indirectly. Will this be affected by the proposed changes ?

Remove provision?

Submitted 5 years 7 months ago

In 2014 I was told by the council in Shropshire that even though every house on the road we live in is Freehold or old prefab council properties if I wanted to build a disabled home for my wife it could only be a 106 take it to leave it (their words). Would it be possible to get the 106 provision removed?

Reply

Submitted 5 years 7 months ago

Hello there - thanks for your comment. You'll need to speak to the planning department in your local council about this one I'm afraid because it doesn't come under building control.

Webmaster note

Submitted 5 years 7 months ago

All comments posted at an earlier date to this one have been transferred from our old website.

S106 charges

Submitted 4 years 9 months ago

I want to erect 6 new townhouses at Hastings and renovate the old house there - will I have to pay anything.

In reply to by Philip J Harvey (not verified)

Reply to: S106 charges

Submitted 4 years 9 months ago

Hi, thanks for your question.

It's best to seek guidance from the local authority - you can find their details by entering the postcode of the properties in our search tool: https://www.labc.co.uk/your-local-council-building-control-department.

Regards,

LABC

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