S106 §1:100 · 2026 Act

English Devolution and Community Empowerment Act 2026

Reviewed by Chartered Planner (MRTPI) and Chartered Surveyor (MRICS) · 2026-06-21
Direct answer · 52 words
The English Devolution and Community Empowerment Act 2026 received Royal Assent on 29 Apr 2026. The s.106 amendments introduce a strategic-authority tier with a limited consultee role on cross-boundary infrastructure obligations. Existing LPA s.106 negotiation continues unchanged; the per-head reg 122 test is not altered by the amendments.

What changed on 29 Apr 2026

The Act's s.106 amendments introduce a strategic-authority tier (combined-authority or county-level body) as a consultee on cross-boundary obligations. This is a procedural addition; the substantive law of s.106 and the CIL Regs 2010 reg 122 necessity test are unchanged.

Strategic-authority interaction

Where infrastructure mitigation crosses LPA boundaries (a strategic highways junction, a regional flood-defence scheme), the strategic authority is consulted alongside the LPA. The LPA retains decision-maker status; the strategic authority's position is material consideration only.

Transitional treatment

Existing s.106 obligations are unaffected. In-flight deeds in negotiation at 29 Apr 2026 carry over under the existing regime unless the LPA and applicant elect to apply the new procedural consultation. There is no retroactive effect.

Coming-into-force timeline

The Act's s.106 provisions come into force in stages. Procedural consultation duties commenced on Royal Assent; the wider strategic-authority framework is on a rolling commencement schedule via SI.

S106 §1:50 · related

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