Planning, building and the environment

Model planning obligation (section 106) agreement

This is a model section 106 agreement, prepared by the Law Society's Planning and Environmental Law Committee, for use by all parties involved in the planning obligations process. Guidance on the use of this agreement is given in Circular 05/05: Planning Obligations, Annex B, paragraph B36, as follows:

"Local planning authorities are encouraged to use and publish standard heads of terms, agreements/undertakings or model clauses wherever possible in the interest of speed. A standard agreement, which local planning authorities are encouraged to use, will be included alongside the forthcoming good practice guidance. There will be specific circumstances which will require particular changes in the drafting of the agreement. It is intended that any difficult clauses or terms in the standard document should be raised by developers in the course of pre-application discussion or negotiation with the local planning authority."

Annex A of this document also includes guidance notes on the drafting of more elaborate affordable housing provisions than those included in the agreement itself.

The model agreement is intended to be a 'living' document that reflects latest good practice. The Law Society and Communities and Local Government will therefore publish revised versions of the document to reflect any such changes that are agreed from time to time.

Revisions:

This updated version (published 15 August 2006) includes a revised definition of "Protected tenant" in the affordable housing definitions on p15. The document was first published 1 August 2006.