Is there a time limit for enforcement of Section 106 agreement?
Asked by: Hortense Williamson | Last update: January 31, 2026Score: 4.9/5 (20 votes)
No, Section 106 agreements (in the UK planning context) generally do not have a set time limit for enforcement; they remain valid until modified or discharged, but enforcement actions might be harder to pursue after a significant delay, especially if the local planning authority (LPA) has been aware of the breach for years, as courts may be reluctant to grant injunctions. While there's no statutory time limit for the obligation itself, the ability to enforce it effectively can be affected by the time that has passed, though the breach doesn't become immune after a fixed period like ten years (unlike some planning condition breaches).
How long is a section 106 agreement enforceable?
How long do s106 obligations last? Section 106 agreements typically come into effect when the development in question is implemented and can be unlimited in duration depending on the nature of the obligation.
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.
What is enforcement of S106 obligations?
Enforcement of Planning Obligations
Ordinarily a Section 106 will contain provisions which not only impose a positive obligation to make a specific payment, but also a “negative” obligation which prevents the development either being commenced or being occupied unless and until payment is made.
What happens if you fail to comply with S106?
If we decide that there is a breach of a planning obligation (S. 106), there are three options we can take: we can apply to the Court for an injunction. Failure to comply with an injunction can lead to an unlimited fine and/or imprisonment.
Planning Obligations: What is Section 106?
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 happens if you don't comply with planning conditions?
It is illegal to disobey an enforcement notice unless it is successfully appealed against. You can appeal against both refusals of permission and enforcement notices but if the verdict comes out against you and you still refuse to comply you may be prosecuted.
Can a section 106 agreement be removed?
These legal undertakings are often referred to as 'Section 106 agreements', after the relevant part of planning legislation. You can apply to change or remove a legal agreement.
What happens when you get an enforcement notice?
Enforcement notice
The recipient must take the specified steps set out in the notice within a set time period. Failure to comply with the notice is a criminal offence and the Council has the option to take out a prosecution or to carry out works in default, this is often referred to as direct action.
What is the 2.5 Metre rule?
The 2.5-metre rule applies to the maximum height of a garden room when it is built within 2 metres of your property boundary. If your garden space is placed within 2 metres of any boundary (e.g., fences, walls, or hedges), the total height must not exceed 2.5m to qualify as permitted development.
How is Section 106 enforced?
A vigilant public helps ensure federal agencies comply fully with Section 106. In response to requests, the ACHP can investigate questionable actions and advise agencies to take corrective action. As a last resort, preservation groups or individuals can litigate in order to enforce Section 106.
Does planning permission have a time limit?
Planning permission expires after a certain period. Generally, unless your permission says otherwise, you have three years from the date it's granted to begin the development. If you haven't started work by then, you will probably need to reapply or apply to extend the permission before it expires.
What is the 5 year rule for taxes?
The 5-Year Rule states the investor must own the property for at least 2 of the 5 years preceding the sale before they can claim the § 121 exclusion and of those 5 years they must have lived in it as their primary residence for at least 2 years.
What triggers a 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 long does S106 take?
According to the HBF, the mean time it takes to “finalise” section 106 agreements has increased by 20 per cent over the last two financial years, from 425 days in 2022/23 to 515 days in 2024/25. It also found that 35 per cent of all section 106 agreements took longer than 12 months to complete.
Is a section 106 agreement a public document?
Yes, S106 agreements are public documents although the public may only find a redacted version online.
Can I stop a notice of enforcement?
Check the notice of enforcement is valid
You should first make sure your notice of enforcement includes the right information. If it doesn't, you can complain to stop the bailiffs coming until a new notice is sent.
Who is responsible for enforcement?
The Enforcement Directorate (ED), which functions as both the domestic law enforcement agency and the economic intelligence agency, is responsible for enforcing economic laws and fighting economic crimes in India.
How to remove an enforcement notice?
You can apply to the City Council for confirmation that an Enforcement Notice has been complied with, or to request that it be withdrawn. Unless an Enforcement Notice is withdrawn, it will be revealed during a Local Authority Land Charges Search.
Does a Section 106 agreement expire?
As developers have three years to commence a development once planning permission is granted, it can therefore take a number of years before S106 contributions are received by the Council from the time permission was Originally granted. Where a development does not commence at all, the S106 will most likely expire.
How do section 106 agreements work?
A section 106 agreement is a legal agreement between a developer and a local planning authority containing measures that the developer must take to reduce their impact on the community.
Why is a section 106 agreement needed?
Section 106 of the NHPA requires that each federal agency identify and assess the effects its actions may have on historic buildings. Under Section 106, each federal agency must consider public views and concerns about historic preservation issues when making final project decisions.
What happens if an enforcement notice is not complied with?
Failure to comply with an enforcement notice
Such action may involve: prosecution of the parties concerned in the local courts - depending upon the availability, nature and strength of evidence. issuing an injunction through the high court.
How long does a breach of condition notice last?
In effect, there is a ten-year "immunity" rule applicable to the service of a breach of condition notice (except a condition relating to use as a single dwellinghouse where the period of "immunity" is four years).
What is the best objection for a planning application?
What you can comment on
- Parking, loading, or traffic concerns.
- Impact on listed buildings or conservation areas.
- Loss of privacy, light, or trees.
- Noise, disturbance, or hazardous materials.
- Compliance with planning policies or site design issues (for example, height, scale).