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The mix of rent, size and type of affordable housing to be provided under the S106 agreement is defined in local policy and is discussed in all financial sustainability negotiations. Affordable housing units must be transferred to the PC at transfer prices agreed by the Commission. This page contains standard answers to frequently asked questions about section 106 of the agreement and the Community infrastructure tax (for local authorities where there is a Community infrastructure tax policy). Question 4 below also contains a link to a series of standard definitions as a guide to the development of Section 106 agreements. For more information and details on specific applications, please contact the planning department of your local planning agency. The content of the S106 agreement is agreed by the consultation period of the planning request with the parties involved and the planner. The S106 legal agreement can be established by the Council`s lawyers and the applicants must pay the vat-free legal fees. The feasibility of a Section 106 agreement is generally based on the following: the planning obligation is a formal document, a document indicating that it is a planning obligation, the land involved, the person who is in the obligation and his interests, and the competent local authority that would enforce the obligation. Commitment can be a single commitment or a multi-party agreement. Beyond these rules, sustainability and the economy as a whole play a role in determining the scope and scale that an agreement should have under Section 106. Until the funds are actually received by the Council, they are not formally allocated to certain projects, as they can be launched on site up to three years after the issuance of the building permit. Funds must be spent in accordance with the specific agreement s106, which defines as precisely as possible what the guaranteed money is intended for and/or priority at the time of payment.

Social rental housing is owned by local and private registered providers (in accordance with Section 80 of the Housing and Renovation Act 2008), for which indicative rents are set by the national rent scheme. It may also be owned by others and provided under lease agreements equivalent to those with the local authority or the Housing and Communities Agency. 5. Can the building permit be issued before the contract is signed? If you need help deleting or negotiating a Section 106 agreement, contact KSLaw. A developer and a local planning authority may enter into an agreement with obligations to the developer or both parties who support the granting of a building permit or building permit base. Sometimes a proponent may propose to do something against authorization or consent without the local authority`s request or approval, and these are referred to as „unilateral obligations.“ All of these planning obligations are commonly referred to as s106 agreements, depending on the provision that allows them (1). Legal audits of the date of use of a s106 agreement are set out in Regulations 122 and 123 of the 2010 EU Infrastructure Tax Regulation, as amended.