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  12. Section 106 Monitoring Fees

Section 106 Monitoring Fees

The monitoring of Section 106 (s106) agreements is costly and requires significant resource. As a result of the Community Infrastructure Levy legislation (opens new window), councils can now charge monitoring fees in relation to s106 agreements, providing they are proportionate, reasonable and reflect the actual cost of monitoring. 

Section 106 pricing structure

We have taken the decision to introduce reasonable monitoring fees with immediate effect. The time spent monitoring s106 agreements has been calculated and we have introduced a three tier cascade system. Our pricing structure reflects the differing amounts of time spent monitoring agreements, for different sized developments. 

Monitoring fees are payable at the same time as any legal costs, or on execution of the s106 legal agreement. Given the marked variation in the number of agreements signed each year, it is proposed to review the monitoring fees approximately 12 months after implementation.

Minor developments monitoring fee

A minor development is classified as 'less than 10 residential units and where the gross floor space to be built is up to 1,000 square metres' **

  • The fee for monitoring minor developments under Section 106 is £1,750.00

Small scale major developments monitoring fee

Small scale major developments are classified as '10 - 199 residential units (inclusive) and where the gross floor space to be built is 1,000 - 9,999 square metres' **

  • The fee for monitoring small scale major developments under Section 106 is £2,915.00

Large scale major developments monitoring fee

Large scale major developments are classified as '200 or more residential units and where the gross floor space to be built is 10,000 square metres or more **

  • The fee for monitoring large scale major developments under Section 106 is £4,028.00

Deeds of Variations fees

For all Deeds of Variation agreements.

  • The fee for all Deeds of Variation agreements under Section 106 is £424.00

Confirmation of compliance with Section 106 planning obligations (desktop assistance)*

  • The fee for a confirmation of compliance with Section 106 planning obligations (desktop assistance) is £110.00

*Site Visit associated with Confirmation of Compliance with Section 106 planning obligations

  • The fee for a site visit associated with Confirmation of Compliance with Section 106 planning obligations is £116.50

First Home fee

An administration fee for processing First Homes payable by the developer/home owner upon completion of the sale.

  • The First Home fee under Section 106 is £150.00

** A reduction to the monitoring fee of 50% will be applied for all new agreements where:

  • the scheme would only deliver Affordable Housing; and
  • there are no other obligation requirements; and
  • the scheme is brought forward by a Registered Provider or where evidence is provided that demonstrates one is on-board to deliver the scheme.

Please note the above fees do not include any legal charges that may be incurred and the cost of any application to modify or vary a planning obligation.

Monitoring fees are payable at the same time as any legal costs or on execution of the s106 legal agreement. Given the marked variation in the number of agreements signed each year, it is proposed to review the monitoring fees approximately 12 months after implementation.

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