Section 106 Agreement Northern Ireland

They can ask the City Council to change or remove planning obligations after five years, although they can be removed or amended at any time, in agreement with the council. If you are buying a property that is subject to a planning obligation, you should have your lawyer carefully consider the terms and conditions and do not assume that you can change or remove them automatically. For example, a restriction of agricultural occupation (or an agricultural link) is sometimes dealt with by an obligation and conditions related to a building permit. The government`s proposal should also apply where provisions are currently and in the foreseeable future, pragmatically adapting the “usual” pre-COVID-19 triggers of the APA in the S106 agreements (subject to the agreement of both parties). Section 106 agreements are always negotiable and developers are encouraged to use the services of a qualified S106 consultant. He suggested that a unilateral company would confirm its status as a self-builder, which would make their project possible. This proves that it is a precautionary measure that is worth confirming your intentions to build up with a legal agreement. This may take the form of an agreement between you and the local authority (LA) or a so-called unilateral undertaking, with which the owner submits a simplified application highlighting the planning obligations without the Council`s prior approval. Planning obligations are sometimes referred to as planning agreements, Section 106, Section 40 in Northern Ireland or Section 75 in Scotland.

Section 106 of the agreements are developed when it is considered that a development will have a significant impact on the territory, which cannot be mitigated by conditions related to a decision to approve the plan. It is important that S106 recommendations do not indicate that this is limited to medium SMEs/developers (unlike CIL proposals). If you wish to replace one house with another, but retain the original land during construction, a planning obligation can help assure the Council that you will not attempt to keep both properties once the new apartment is completed. Geographical range: indicates the geographical area to which this destination applies. For more information, see “Faeqs.” Planning gains (or planning obligations) are ways for local authorities in the UK to obtain additional public benefits for developers when granting building permits. [1] It is sometimes necessary to pay additional funds to your local council to obtain the building permit through a so-called planning obligation.