What is the monitoring fee and what is the per-obligation range?
The monitoring fee covers LPA officer time tracking compliance with each obligation. The CIL (Amendment) Regs 2019 reg 4 (SI 2019/1338) formalised the per-obligation range of approximately £500 to £1,200. Annualised fees rather than a one-off lump sum are permitted where the obligation runs for a defined monitoring period (for example a 5-year travel plan). [PPG Planning Obligations]
When can viability override the policy rate (NPPF para 58)?
NPPF Dec 2024 para 58 retains the position that policy-compliant tariffs may be challenged where viability is demonstrably an issue, with the burden on the applicant. The RICS Financial Viability in Planning guidance applies. The residual land value must be compared to a benchmark land value and the threshold-test profit (typically 15 to 20% on GDV). [PPG Planning Obligations]
How does s.106A modification work after five years?
Under s.106A of the 1990 Act, any person against whom the obligation is enforceable may apply for modification or discharge after five years from the date the obligation was entered into. The LPA must determine whether the obligation continues to serve a useful purpose; if not, discharge or modification is permitted. Refusal can be appealed to the Planning Inspectorate under s.106B. [PPG Planning Obligations]
How does BNG interact with S106 (the double-counting rule)?
Mandatory 10% BNG since Feb 2024 is documented in the S106 deed via a 30-year habitat management plan. The BNG unit cost itself sits outside the six standard heads of contribution. The CIL Regs 2010 reg 122 necessity test still applies: the LPA cannot require a BNG contribution as a separate financial obligation where the on-site or statutory-credit route already secures the 10% net gain. [PPG Planning Obligations]
When does CIL replace an S106 head?
Once an LPA adopts CIL, infrastructure that is funded via CIL cannot also be sought via S106 (the reg 122 plus the now-repealed reg 123 list interaction). In practice, transport and education contributions for general infrastructure flow through CIL; site-specific S106 contributions remain for direct on-site or near-site mitigation. [PPG Planning Obligations]
What is the 5-year unimplemented rule and how is it triggered?
After 5 years from the date the obligation was entered into, s.106A is the statutory route to apply for modification or discharge. The application requires the LPA to consider whether the obligation continues to serve a useful purpose. The clock runs from the deed date, not from the date of planning permission. [PPG Planning Obligations]
Who is bound by the deed?
The obligation runs with the land. The deed binds the landowner, any mortgagee, and successors-in-title. Lenders typically require sign-off on the draft deed before releasing development finance because mortgagee enforcement risk is a live underwriting consideration. [PPG Planning Obligations]
What is the difference between modification and discharge under s.106A?
Modification varies the terms of the obligation; discharge removes it entirely. The s.106A statutory test is the same for both: whether the obligation continues to serve a useful purpose and, if so, whether it would equally serve that purpose as modified. [PPG Planning Obligations]
When does the Building Safety Levy apply alongside S106?
The Building Safety Levy applies to new residential buildings in England above the relevant threshold (>18m or 7-storey under the original consultation framework). It sits alongside CIL and S106 as a parallel charge, not a substitute. Regional differentiated rates apply. [PPG Planning Obligations]
How does the Future Homes Standard layer on top?
Future Homes Standard compliance is a building-regulations cost, not an S106 obligation. The published government figures place the typical uplift at around £4,350 per plot. It is layered into the viability appraisal as a build-cost line rather than a deed obligation. [PPG Planning Obligations]
What is the 'tariff plus' approach?
Some LPAs publish a standardised tariff per head of contribution (Milton Keynes is the historical example) that operates alongside the negotiated heads. The estimator includes the MK Tariff position for Milton Keynes; for other LPAs the tariff approach is implicit in the SPD per-dwelling rates. [PPG Planning Obligations]
How are healthcare contributions justified?
The local ICB submits evidence of a capital-shortfall in primary-care provision attributable to the scheme's incoming population. The contribution must pass reg 122; ICB requests without evidence have been refused at appeal. [PPG Planning Obligations]
What is the LURA 2023 Infrastructure Levy position?
LURA 2023 made provision for a new Infrastructure Levy to eventually replace CIL and parts of S106. The transition is being piloted in a small number of authorities. None of the 10 supported LPAs are in the pilot cohort, so the estimator continues to apply the established CIL plus S106 regime. [PPG Planning Obligations]
What did the 29 April 2026 Devolution Act change for S106?
The English Devolution and Community Empowerment Act 2026 amendments introduce a strategic-authority tier with limited involvement in S106 negotiation for cross-boundary infrastructure. The amendments do not alter the reg 122 test or the per-head rates. See the dedicated regulation page for the full position. [PPG Planning Obligations]