Section 106 agreements play a central role in many development projects and can also affect individual properties. These legally binding agreements between developers and local planning authorities are used to secure contributions or obligations that make development acceptable in planning terms. They are commonly required where new development places additional demands on local infrastructure or services, but they can also impose ongoing obligations or restrictions on properties affected by earlier planning permissions.

At Wollens, our specialist Planning & Highways team provides clear, practical advice on the negotiation, drafting and review of Section 106 agreements. We work with developers, landowners, homeowners, planning consultants and local authorities across Devon and the South West to ensure that planning obligations are proportionate, legally robust and aligned with the viability of development projects or the practical use of residential property.

Whether you are promoting land for development, negotiating planning obligations as part of a planning application, purchasing a property affected by a Section 106 agreement, or reviewing existing planning obligations attached to land, our team can guide you through the legal framework surrounding Section 106 agreements.

Simon Rowland - Wollens Solicitor

Speak to a Section 106 Agreements Specialist

For advice on negotiating Section 106 agreements or reviewing planning obligations affecting development land, contact our Planning & Highways team.

Simon Rowland
simon.rowland@wollens.co.uk | 01392 539199
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Who We Help

Developers

We advise residential and commercial developers negotiating Section 106 agreements as part of the planning process. Our team helps ensure planning obligations are clearly structured and commercially viable.

Landowners

Landowners promoting land for development often need advice on planning obligations affecting development value. We help clients understand the implications of Section 106 agreements before entering into land promotion or option agreements.

Homeowners

Some residential properties are subject to historic Section 106 agreements which may restrict use or require ongoing obligations. We advise homeowners purchasing property affected by planning obligations or seeking to modify existing agreements.

Our Section 106 Agreement Services

Section 106 agreements often involve complex negotiations and legal drafting. Our team provides clear and practical advice at every stage of the planning process.

Negotiating Section 106 Agreements

Planning obligations are typically negotiated during the planning application process. We advise developers and landowners on proposed obligations and work with planning authorities to ensure agreements are clearly structured and commercially workable.

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Reviewing Section 106 Agreements

Section 106 obligations can affect land long after development has taken place. We review planning agreements affecting development land and identify ongoing obligations, infrastructure contributions and restrictions.

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Planning Due Diligence

When acquiring land for development it is essential to identify planning obligations affecting the site. We review planning agreements and advise on the legal risks and implications before land transactions proceed.

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Modifying or Discharging Section 106 Agreements

In some circumstances planning obligations can be modified or discharged where they are no longer appropriate or circumstances have changed. Our team advises on the legal mechanisms available to review and amend these agreements.

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FAQ’s

What is a Section 106 agreement?

A Section 106 agreement is a legally binding planning obligation made between a developer and a local planning authority under Section 106 of the Town and Country Planning Act 1990. These agreements are used to ensure that development contributes to infrastructure or services needed to support it, such as affordable housing, transport improvements, education facilities or open space.

The planning solicitors at Wollens regularly advise developers, landowners and homeowners on the implications of Section 106 agreements and how these obligations may affect development projects or property ownership.

How do Section 106 agreements affect developers?

For developers, Section 106 agreements are often negotiated as part of the planning permission process. They may require financial contributions, infrastructure works or the provision of affordable housing. These obligations can significantly affect the viability and delivery of development projects.

Wollens’ Planning & Highways team works closely with developers and planning consultants to negotiate planning obligations that are proportionate, legally robust and aligned with the commercial objectives of a development.

Do Section 106 agreements affect homeowners?

Yes. Section 106 obligations attach to the land itself, which means they may continue to affect a property long after the original development has taken place. Some residential properties may be subject to restrictions or ongoing obligations linked to earlier planning permissions.

Wollens regularly advises homeowners and property buyers across Devon and the South West on how Section 106 agreements may affect residential property and what steps may be available to review or address these obligations.

Can a Section 106 agreement be changed or removed?

In some circumstances it may be possible to modify or discharge a Section 106 agreement. This may occur where the original obligations are no longer necessary, where planning policies have changed or where a development scheme is no longer viable.

Our planning solicitors at Wollens advise clients on the legal mechanisms available to review, modify or discharge planning obligations and assist with negotiations with local planning authorities where appropriate.

When are Section 106 agreements required?

Section 106 agreements are typically required when granting planning permission for residential, commercial or mixed-use developments that create additional demand on local infrastructure or services. The specific obligations will depend on local planning policies and the scale and nature of the development.

The Wollens Planning & Highways team has extensive experience advising clients on planning obligations arising from development projects across Devon and the South West.

How long do Section 106 obligations last?

Because Section 106 agreements attach to the land, the obligations can remain in place indefinitely unless they are formally fulfilled, modified or discharged. This means they may continue to affect future owners or developers of the property.

Wollens regularly assists clients with reviewing existing planning agreements and identifying ongoing obligations affecting development land or residential property.

Should I take legal advice on a Section 106 agreement?

Legal advice is often helpful when negotiating planning obligations, purchasing land affected by a Section 106 agreement or reviewing obligations attached to a property. Understanding the legal implications of these agreements can help avoid unexpected costs or restrictions.

Wollens’ specialist Planning & Highways solicitors provide clear and practical advice on Section 106 agreements, helping developers and homeowners navigate planning obligations with confidence.