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For a particular new-build home in England or Wales, check more than the title register or a single search. Ask your conveyancer to check the local land charges register, the local planning authority’s register and relevant CON29 replies, then compare the actual Section 106 agreement and its plans with the plot and title. The records for the property—not the fact that it is a new build—determine whether an obligation applies.
What a Section 106 restriction is
A Section 106 planning obligation is a legal obligation made under Section 106 of the Town and Country Planning Act 1990. It may be an agreement between interested landowners and the local planning authority, or a unilateral undertaking. The Ministry of Housing, Communities and Local Government’s planning guidance says that “Planning obligations run with the land, are legally binding and enforceable.” That means a buyer may be affected by an obligation attached to the land, even if the buyer did not sign the original document.
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Obligations are specific to the development and the wording of the legal instrument. They can, for example, require financial contributions or provision of an access road; they may also address infrastructure or affordable housing. Those examples do not establish what applies to a particular house. The agreement or undertaking, its plans, definitions, triggers, parties and any later variation or discharge determine the position.
The planning-obligation tests—necessity to make the development acceptable in planning terms, a direct relationship to the development, and a fair and reasonable relationship in scale and kind—guide the planning decision. They do not tell a buyer what the owner of an individual plot must do. That requires examining the operative documents against the property.
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In practical terms, “restriction” is often used broadly by buyers to mean any Section 106 term that might affect ownership or use of a home. The instrument may contain a payment obligation, a requirement relating to infrastructure, or another commitment; it is the text that says what is required, from whom and when. Do not assume that every Section 106 obligation is a personal restriction on the homeowner, or that every obligation in a site-wide agreement applies to every plot.
A unilateral undertaking and an agreement are different forms of planning obligation, but the form alone does not answer whether a particular home is affected. For either, check the signed instrument, the land it identifies, the provisions that apply, and any subsequent change or discharge. A planning application summary or a general description of the development is not a substitute for the operative document and its plan.
How to check a particular new-build home
Give your conveyancer enough information to identify both the house and the development. A site-wide obligation can cover land beyond the individual plot, so the boundaries and definitions in the document matter.
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- Check local land charge coverage for the area. Use HM Land Registry’s Local Land Charges service if the relevant local authority’s data has transferred to it. Its service page states that searching through the service is free and an official search certificate costs £15. Coverage is not complete for every local authority: first confirm that the property’s authority is included. If HM Land Registry has not taken responsibility for that area, ask the local authority how to search its register. Do not assume that a search facility’s availability for one council means it covers another council or the whole country.
- Search the local planning authority’s register. Locate the planning application for the development and look for the Section 106 agreement or unilateral undertaking. Also look for any later deed or record modifying or discharging the obligation. Government guidance requires the local planning authority to keep planning obligations, together with details of modifications or discharge, publicly available on its planning register. If the online record is incomplete, ask the authority for the relevant document. Search by the development’s planning application as well as its name where possible, because the legal instrument may be filed with the application rather than under the individual property address.
- Have the conveyancer obtain relevant CON29 replies. These local authority enquiries are separate from a local land charges search. HM Land Registry notes that other searches may be needed to establish whether an obligation affects a property; CON29 enquiries continue to be answered by local authorities. Ask your conveyancer to include the relevant enquiries and assess the replies alongside the other records. A CON29 reply should be treated as one part of the enquiries, not as a replacement for locating and reading a Section 106 document identified elsewhere.
- Match the legal document to the plot and title. Have the conveyancer review the land plan, the document’s definitions of the relevant land and properties, the obligations, and any payment or timing provisions. Check when an obligation is triggered—for example, whether its wording ties it to commencement or occupation—and whether it contains a time limit. Compare the boundaries and title information with the plan to establish whether the house lies within the land bound by the instrument. Where a plan covers a wider development, the key question is not just whether the site name matches, but whether the particular plot falls within the land and definitions used by the instrument.
- Check the document history. Look for later deeds that vary the original terms and records of discharge. A later document may affect what remains operative, so the original agreement should not be read in isolation. Check that the history relates to the same obligation and land; a record mentioning a modification or discharge should be read with the underlying document to understand what it changes.
- Resolve gaps or conflicts before exchange or completion. If the search, planning register and title information do not agree—or an entry appears incorrect or cancelled—ask the conveyancer to contact the relevant local authority. HM Land Registry’s practice guidance says that documents constituting a local land charge are generally held by the originating authority and that an incorrect registration should be raised with that authority. Keep a clear record of the issue and the response, rather than relying on an unexplained assumption that one source overrides another.
When requesting documents, be specific about the development, planning application, plot and the type of record missing. Ask for the signed obligation or undertaking, its plan, and any later variation or discharge. If the authority’s online register shows only an entry or summary, request the underlying document needed to check the terms. The objective is to establish both the relevant area and the provisions that still apply, not merely to find a mention of “Section 106.”
Useful questions for your conveyancer include: Is this local authority’s land charges data available through HM Land Registry? Have the relevant CON29 replies been obtained? Does the agreement’s plan include this plot? Which clauses apply to this property, and are there any later documents affecting them? If the records conflict, which authority holds the originating record and what clarification is needed before proceeding? These questions focus the review on coverage, document completeness and plot-specific interpretation.
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Which records to check—and what each can establish
| Record or route | What to use it for | Important limit |
|---|---|---|
| HM Land Registry Local Land Charges service | Search the register where the relevant authority’s data is available through the service. The service page states that a search is free; an official search certificate costs £15. | Not all local-authority data has transferred. A search result is not the whole due-diligence process. |
| Local authority local land charges route | Use the authority’s register/search route if HM Land Registry has not taken responsibility for that area or does not have its data. | Confirm the correct route and obtain the relevant record for the property’s area. |
| Local planning authority planning register | Find the development’s planning application and the obligation, undertaking, modification or discharge record. | An online register may be incomplete; request the document from the authority if necessary. |
| CON29 enquiries | Obtain separate local authority replies that form part of the property enquiries handled by the conveyancer. | These are distinct from the local land charges search and should be considered with the other records. |
| Section 106 document and title | Determine the land covered and the terms that may apply to the exact plot. | Only the actual document, plan, title and history can resolve the position for that home. |
The practical choice between the HM Land Registry service and the local authority is determined first by coverage for the property. A free search through the HM Land Registry service and a £15 official certificate are the figures stated on its GOV.UK service page, accessed 9 October 2026; check the live page because fees and coverage can change. The fee does not replace the planning-register or CON29 checks, and it does not itself interpret the agreement.
Think of these as complementary routes rather than competing ways to get one definitive answer. The land charges route tells you what is recorded in that register for an area covered by the route. The planning register can provide the development’s obligation and its later history. CON29 replies are separate local authority enquiries. The legal document, plan and title are what the conveyancer compares to establish whether a particular plot is included and what terms matter. A complete check therefore depends on coverage and record completeness, not only on which search is quickest to obtain.
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Why one negative search is not conclusive
A local land charges search can reveal a charge if it has been registered, but HM Land Registry cautions that other searches may be needed to determine whether an obligation affects a property. Local land charges may not be evident from an inspection or the title register, and an unregistered charge may still affect a purchaser. For that reason, an empty title register or one negative search is not proof that there is no Section 106 obligation.
There are two different questions to keep apart: whether a record or obligation exists for the development, and whether the particular house is within its scope. A negative result from one route does not settle the first question if the route does not cover the authority or if another relevant record has not been checked. Finding an agreement does not settle the second question unless its defined land and plan have been compared with the plot and title.
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Likewise, finding an agreement for the development does not automatically establish that the house is bound by every term in it. The plot may be outside the land shown on the agreement’s plan, or the document’s definitions and later history may affect its application. The conveyancer needs to compare the property’s precise title and location with the legal instrument.
Do not infer a national likelihood from a particular development or from an example in planning guidance. Official sources reviewed do not give a statistic for the probability that an individual new-build is subject to a Section 106 restriction, or a typical amount or burden for an individual owner. The answer has to come from the records for the property.
Keep Section 106 separate from other planning controls
A Section 106 obligation is not the same record as Community Infrastructure Levy (CIL), a planning condition or another local land charge. A development can have more than one planning control or contribution. Check the planning permission, its conditions, any relevant agreement and the search results as separate items rather than treating one as a substitute for the others.
This distinction matters when interpreting a search result or a planning file. A reference to a payment or condition in one record does not, by itself, explain whether there is also a Section 106 obligation. Similarly, the presence of a Section 106 document does not mean it is the only planning-related item to review. Have the conveyancer identify which document each requirement comes from and whether it relates to the plot being purchased.
What to do if the records are missing or inconsistent
- The planning register has no agreement: ask the local planning authority for the obligation or undertaking associated with the development’s planning application, and ask whether there are later modification or discharge documents.
- The search route is unclear: confirm whether the local authority’s data is available through HM Land Registry. If it is not, ask the authority which register or search process applies to its area.
- The search and planning documents conflict: have the conveyancer identify the specific discrepancy and contact the originating authority rather than treating either record as automatically decisive.
- The plan or plot boundary is unclear: ask the conveyancer to compare the agreement’s plan and definitions with the title and the exact property being purchased.
- A document refers to a variation or discharge: obtain and review the later document as well as the original instrument to establish which terms remain relevant.
For an apparently incorrect or cancelled local land charge entry, raise the issue with the originating authority. HM Land Registry’s practice guidance explains that the authority generally holds the documents constituting the charge and is the point to contact about an incorrect registration. Keep the question specific: identify the property, the entry or document in question, and the inconsistency that needs explaining. If a reply is unclear, ask the conveyancer what further record or clarification is required rather than treating silence or a missing online attachment as proof that no obligation exists.
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Do not leave an unresolved discrepancy until after exchange or completion. General planning guidance explains the legal framework but cannot establish whether an unnamed property is covered; that determination depends on its records and legal documents. The practical aim is to have the correct authority records, the operative obligation and its history, and the precise plot/title comparison before making a decision to proceed.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What the official guidance can—and cannot—tell you
The Ministry of Housing, Communities and Local Government’s planning-obligation guidance says local planning authorities must keep copies of obligations and details of their modification or discharge publicly available on the planning register. Its framework guidance was last updated 1 September 2019. HM Land Registry’s practice guidance was updated 14 September 2026, and its programme guidance was updated 18 September 2026. Service coverage, fees and the records for a particular site should be checked with the relevant authority during the transaction.
The public-record requirement makes the planning register an important part of the check, but it does not mean every online page will contain every attachment in a convenient format. If a document is not visible, contact the planning authority and ask for it. The published framework also does not decide whether a particular clause applies to an individual house; that is a matter of the wording, plans, definitions and relevant property information.
There is no named official statistic establishing the probability that a new-build home has a Section 106 restriction, nor a typical burden for an individual owner. A national percentage or a general example cannot predict the position for a particular plot.
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How do I check whether a new-build home has a Section 106 restriction?
Ask your conveyancer to check the local land charges register, the local planning authority’s planning register and relevant CON29 replies. Then have them compare the actual agreement or undertaking, its plan and any later variation or discharge with the home’s title and exact plot. No single general search establishes the position for every property.
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Does a local land charges search show Section 106 obligations?
It can reveal a charge if it has been registered, but HM Land Registry says other searches may be needed to determine whether an obligation affects a property. Check that the search route covers the local authority area and also review the planning register, CON29 replies and relevant legal documents.
Where can I find a Section 106 agreement for a development?
Start with the local planning authority’s register and locate the planning application for the development. Government guidance says the authority should make planning obligations and details of their modification or discharge publicly available there. If the online record is incomplete, ask the authority for the agreement or undertaking and later documents.
How much does a local land charges search cost?
HM Land Registry’s GOV.UK service page, accessed 9 October 2026, states that searching through its service is free and an official search certificate costs £15. Not all local authority data has transferred to the service, and the fee does not include or replace the separate planning-register and CON29 checks. Verify the live service information because fees and coverage can change.
Is a negative local land charges search proof that there is no Section 106 obligation?
No. A single negative search or an empty title register is not conclusive. Coverage may be incomplete, other searches may be needed, and the planning agreement must be checked against the exact plot and title. Ask the conveyancer to resolve any missing or inconsistent records with the relevant authority before proceeding.
Does a Section 106 agreement for the whole development automatically apply to my plot?
Not necessarily. The instrument’s land plan, definitions and terms determine which land and properties it covers. Have the conveyancer match the plan and title to the exact plot, and review triggers, payment provisions, time limits and later variations or discharges.
The Bottom Line
Check the local land charges route for the authority, the planning register and relevant CON29 replies, then have a conveyancer read the actual Section 106 document and its history against the precise plot and title. A negative result from one search is not conclusive, and an agreement for a development does not automatically establish that every term applies to your home. Resolve missing records or conflicts with the relevant authority before exchange or completion.
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