How long does S106 take?
Asked by: Prof. Magdalena Reinger | Last update: June 2, 2026Score: 4.7/5 (41 votes)
Section 106 agreements in the UK for planning obligations vary greatly, but averages have increased significantly, with recent data showing around 16 months (515 days) as the average, though it often takes over a year, with some cases stretching to over seven years. Timelines depend on complexity, council workload, and signature processes, but expect weeks to months, with major applications taking longer, and specific targets exist for council actions after agreement.
How long does a section 106 take?
The maximum recorded timescale was 2,679 days, or more than seven years, for a single S106 agreement to complete the agreement process. The shortest average timescale reported by any of the respondent councils was 192 days. Additionally, 35% of all S106 agreements took longer than 12 months to finalise.
How long does a section 106 review take?
The Section 106 regulations give the SHPO 30 calendar days to provide its comment on the project's effect on historic properties, provided the initiation letter includes sufficient information.
What is the S106 process?
A S106 Legal Agreement will be required for most major scale applications (defined as 10 dwellings or more, 1,000 square metres of floorspace, sites over 1 hectares etc). A unilateral undertaking (UU) is a simplified version of a legal agreement, usually relating to minor development, such as new dwellings (1-9 units).
What is the section 106 process?
The section 106 process seeks to accommodate historic preservation concerns with the needs of Federal undertakings through consultation among the agency official and other parties with an interest in the effects of the undertaking on historic properties, commencing at the early stages of project planning.
Planning Obligations: What is Section 106?
What is the punishment for Section 106?
106(1) – Causing death by negligence: Imprisonment for 5 years and fine. 106(1) – Causing death by negligence by registered medical practitioner: Imprisonment for 2 years and fine.
How long does the planning application process take?
A decision is made, usually no more than 8 weeks after receipt for householder or minor applications, and 13 weeks for a major application. The planning service, under delegated powers, issues you a decision notice stating whether the application is approved or refused, and if there are any conditions you must meet.
Who pays S106?
The responsibility for paying a financial obligation when it is due is with the owner and any successors in title of the land to which it relates. The details of which are in the S106 agreement. Prior to making a due financial obligation payment, please contact the Section 106 Team with a financial obligation request.
What are the 5 stages of planning?
There are specific steps to follow in the planning process, beginning with the development of objectives, then proceeding with developing tasks to meet objectives, determining needed resources, creating a timeline, determining tracking and assessment, and finalizing the plan.
What is the 5 year rule for S106?
A Section 106 planning obligation may be changed (Deed of Modification) or discharged in two ways. 1) Within five years of the date of the completion of the obligation, at any time, by agreement between us and the person or persons against whom the obligation is enforceable.
How many steps are in the section 106 compliance process?
The following are the four steps in the Section 106 review process: Initiating the Section 106 process. Identifying historic properties. Assessing if a project will have an adverse effect on historic properties.
Is there a time limit for enforcement of Section 106 agreement?
It is also suggested that if a development contains social housing this should be notified to the purchaser. S. 106 agreements have no limitation period in relation to enforcement.
How long does a section 106 consultation take?
Regulatory Requirements. The first reference to a 30-day review period appears in the Section 106 regulations at 36 CFR § 800.3(c)(4). This timeline applies to the interactions between the lead federal agency, State Historic Preservation Officer (SHPO), and/or the Tribal Historic Preservation Officer (THPO).
Why is planning taking so long?
The planning system is not currently performing as it should. There has been a squeeze on funding over many years and it is now common for applications to take much longer than the 8-week statutory target (for smaller proposals).
Do I need a retrospective after 10 years?
Starting from April 25, 2024, the building regulations 10-year rule allows unauthorised changes to buildings without needing retrospective planning permission if they've been there for a decade (10 years). This change from the previous 4-year rule affects how property developers handle planning and compliance.
What triggers Section 106 review?
Section 106 is triggered when a Federal agency determines that it has a type of undertaking that has the potential to affect historic properties. These are typically the same actions that trigger project review under the National Environmental Policy Act (NEPA).
How likely is planning permission to be granted?
On average 91% of planning permission requests across the whole country are approved, however when you look at individual districts, the likelihood can change dramatically.
How does Section 106 affect property value?
The Section 106 review process gives you the opportunity to alert the federal government to the historic properties you value and influence decisions about projects that affect them.
What happens if a planning application is not decided in 8 weeks?
You can appeal your planning application if it is not decided within eight weeks. 13 weeks for major developments, and 28 days for non-material amendments.
How long does it take for plans to be approved?
It usually takes up to three months for building plans to be approved, depending on the requirements of the municipality.
Why might planning permission be denied?
Planning permission is usually refused if your project overshadows neighbours, overlooks homes, or is out of character, and these reasons are common. Councils also consider factors like protected trees or wildlife, local policies, and safety issues.
How long does section 106 last?
How long do Section 106 agreements last for general practices? A Section 106 agreement is usually time-sensitive. The funds outlined must be spent within a specific period, often five to 10 years. If the money is not used within the timeframe, it may be returned to the developer.
What is the burden of proof in Section 106?
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him.
Who signs a Section 106 agreement?
Section 106 itself does not say who 'must' sign a s106 agreement. It merely says that 'anyone with an interest in land' may do so. On the face of it, there is no legal requirement to bind in all parties who have interests in the application site.