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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

Removing Section 106 Entries in the Land Charges Register

Amanda Swithenbank, modified 9 Months ago.

Removing Section 106 Entries in the Land Charges Register

New Member Post: 1 Join Date: 22/08/23 Recent Posts

Hi 

Nearly all of our Section 106 agreements leave it to the Developer to seek removal from the Land Charges Register.  I am wanting to have a tidy up as the Developers do not ask for removal very often.  I believe that where all obligations on housing development agreements have been discharged, leaving only the Affordable Housing allocation remaining in perpetuity,  the entry can be removed from the open market dwellings and only remain on the Affordable Housing properties.   Please can I ask what colleagues in other Authorities do? 

 Thanks Mandy

Andrew Chalmers, modified 9 Months ago.

RE: Removing Section 106 Entries in the Land Charges Register

Advocate Posts: 169 Join Date: 20/10/11 Recent Posts

In my authority S106 remain on the register, unfortunately I don't know the legal answer to whether this should be the case or not.  I do know the peverse problem is that solicitors are constantly chasing for copies of S106 agreements for houses on schemes built decades ago.  Our Development Management colleagues basically have a standard response saying that they don't affect a householder and therefore will not answer any questions on them.  But then again an awful lot of land charges are completely irrelevant - especially ancient enforcement or BC on previous buildings or uses.  It would be good to get an official view.  Does this mean the S106 agreement has some clause in about removal from the land charges register?

 

Louise Weaver, modified 9 Months ago.

RE: Removing Section 106 Entries in the Land Charges Register

New Member Posts: 11 Join Date: 23/07/21 Recent Posts

Hi, I have been told by our Land Charges Team that we can only expire Land Charges not remove them (a technical point). For major sites, we have a final S106 Discharge Notice which is available on the Planning Register so can be sourced free of charge when properties are bought and sold. This states the S106 obligations which have been discharged and which ones remain in perpertuity. A copy is always sent to our Land Charges Team. Hope this helps

Rosalind Bentley, modified 9 Months ago.

RE: Removing Section 106 Entries in the Land Charges Register

New Member Posts: 9 Join Date: 12/08/13 Recent Posts

Hi, we keep all our s106 on LLC as registrations (unless they never become effective agreements as PP was never gained).  We tend to update the s106 registration with a comment as to the latest status such as 'obligations complied with' or 'outstanding obligations due before occupation' but we also advise on our searches that they should check the current status of obligations and planning conditions (we find developers are managing to sell and occupy new homes with outstanding pre-occupation non-financial obligations and pre-com or pre-occ planning conditions).  On the very rare occasion that a liable party wants to remove a s106 obligation completely, we advice them to apply for a deed of discharge, once legal have completed that deed we would remove the obligation(s) completely.  However this is an onorous process and probably not that necessary given that they can just write in to us for a compliance check and we will send them a letter to inform them of the situation - if we are happy all is compliant or the items outstanding would not be passed on to the individual homeowner then this letter is usually sufficient for most solicitors.

Dean Brunton, modified 9 Months ago.

RE: Removing Section 106 Entries in the Land Charges Register

Enthusiast Posts: 45 Join Date: 10/10/13 Recent Posts

If a S106 has been fully complied with then we remove the entry from the register, however the agreement itself is still held on the planning file which is available publically.  Where are site has long term management requirements (e.g. for open space) these would remain on the register as these would never be fully complied with (due to the ongoing requirements in perpetuity).