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BETTESWORTHConstruction

What Section 106 and CIL Mean for Your Homebuilding Project

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Section 106 and the Community Infrastructure Levy (CIL) are separate ways of addressing the effects of development in England. Section 106 is a legally binding, site-specific planning obligation; CIL is a local levy that may apply under your council’s charging schedule. Either, both or neither may affect an extension, annex, self-build or land purchase, so check the property’s planning documents and the local CIL rules before work starts.

What are Section 106 and CIL?

Section 106 and CIL are both connected with development and infrastructure, but they work differently. A Section 106 obligation deals with impacts associated with a particular development. CIL is a levy that a charging authority may collect to help fund infrastructure across its area.

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For a homeowner, the distinction matters because the two mechanisms have different legal routes, checks and possible reliefs. A council may charge CIL and still require a site-specific Section 106 obligation where a proposal needs particular mitigation. Neither the name of the charge nor the fact that a project is residential is enough to tell you what you will owe.

Question Section 106 CIL
What is it for? Mitigating the impacts of a particular development. Funding infrastructure needs across an area.
How is it created or applied? Through an agreement with the local planning authority or a unilateral undertaking. Through a local levy and the authority’s published charging schedule.
What determines what applies? The terms of the specific obligation and its planning and legal context. The local charging schedule and the details of the development.
What should a homeowner check? The executed obligation, land title and planning history. The authority’s charging schedule and its relief or exemption process.

What does a Section 106 obligation mean for a homeowner?

A Section 106 obligation is a legal commitment made under section 106 of the Town and Country Planning Act 1990. It may be made by agreement between a person with an interest in land and the local planning authority, or by a unilateral undertaking from a person with an interest in the land. The government describes planning obligations as legal obligations entered into to mitigate the impacts of a development proposal.

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These obligations are legally binding and enforceable, and they generally run with the land. That means a change of owner does not, by itself, make an obligation disappear. If you are buying a home or plot, or considering work on a property with a planning history, do not assume that an old obligation is irrelevant. Read the actual executed document and check the title and planning records to understand what the obligation requires and who may be bound.

A unilateral undertaking differs from an agreement in one important respect: the local authority is not a party to it, so the undertaking does not bind the authority. The precise effect of any particular deed depends on the document and the land concerned. National guidance explains the general framework; it cannot determine the legal effect of a specific obligation or title.

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Section 106 is not a general tax that applies automatically to every homeowner or building project. An obligation must meet three statutory tests: it must be necessary to make the development acceptable in planning terms, directly related to the development, and fairly and reasonably related in scale and kind. Those tests apply whether or not the local authority charges CIL. You can read the government’s planning obligations guidance and the Planning Inspectorate’s good-practice advice.

When might CIL apply to an extension, annex or new home?

CIL applies only where the relevant authority operates the levy and the proposed development is chargeable under the applicable rules. Councils that charge CIL must publish a charging schedule, so the national guidance is a starting point—not a substitute for checking your council’s rates and your project’s circumstances. The government’s CIL guidance expressly includes homeowners planning an extension, annex or their own home.

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As a general guide, new build that creates 100 square metres or more of gross internal area may be liable. The 100-square-metre threshold does not apply to new houses or flats: a charge may apply to a single new dwelling of any size. These rules do not tell you the amount due, and a project’s chargeability cannot be settled from its floor area alone. The charging schedule, the development details and any available exemption or relief all matter.

For an extension or annex, check specifically whether an exemption might apply. Government guidance identifies residential extension and annex exemptions among the possible forms of CIL relief. The guidance refers to an owner with a material interest in the main dwelling who occupies it as their sole or main residence. Meeting a broad description is not a substitute for satisfying the detailed criteria and completing the authority’s required process.

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Other potential categories include minor development exemption, charitable relief, social housing relief, self-build exemption and exceptional circumstances relief. They are not interchangeable, and eligibility and procedure differ. Ask the charging authority which route applies to your proposal and what evidence it requires before you start work.

How do you check whether your project or property is affected?

Use separate checks for Section 106 and CIL: one concerns obligations attached to the land or planning permission, while the other concerns the local levy and your proposed development. Make these checks early enough to resolve questions before starting work or committing to a purchase.

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  1. Identify the correct local authority. Establish which authority is responsible for planning the site and which authority administers CIL there. Do not assume a neighbouring council’s rules or rates apply.
  2. Check the planning history and land documents. Look for any executed Section 106 agreement or unilateral undertaking connected with the site. Review the land title and relevant planning records; if you are buying, raise the issue during conveyancing and ask for the actual instrument rather than relying on a summary.
  3. Read the local CIL charging schedule. Confirm whether the authority charges CIL and what its published schedule says about the relevant development. The government’s guidance on CIL explains that a charging authority must publish a schedule.
  4. Describe the proposal accurately. Give the authority the project type and the information it needs to assess the development, including the proposed new build and floor area where relevant. A general description such as “small extension” cannot establish liability or the amount due.
  5. Ask about exemptions and required steps. If you may qualify for relief, confirm the eligibility criteria, application process and timing with the authority. Do this before development commences where the rules require it; for self-build, that timing is especially important.
  6. Get the position confirmed for the actual site and proposal. Keep the relevant documents and correspondence. If a deed’s effect, a title entry or the meaning of a condition is uncertain, seek advice from a suitably qualified planning or property professional.

The local authority’s response about a general threshold or a similar project is not a final calculation for yours. A reliable answer needs the applicable local schedule, the details of the development and any relevant relief decision.

Can a self-build homeowner claim CIL relief?

A self-build exemption may be available for a home built or commissioned by an applicant for their own occupation, but it is conditional and procedural. For a whole-house self-build exemption, government guidance says the applicant must apply before development commences, provide requested supporting evidence on completion, and keep the home as their principal residence for at least three years.

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Do not treat the exemption as automatic just because you intend to live in the property. Confirm the authority’s current application process and evidence requirements before work begins. If personal circumstances mean you dispose of the property before the three-year period ends, the authority must be notified and the levy may become payable. Check the current rules and the authority’s requirements rather than assuming that an exemption granted at the outset removes every later obligation.

Other forms of relief, such as those for an extension or annex, have their own eligibility conditions. The relevant application and its timing can affect whether relief is available, so check the process before commencing development, not when a payment demand arrives.

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How do Section 106 and CIL relate to each other?

CIL and Section 106 can coexist because they serve different purposes. CIL is not intended to make an individual planning application acceptable in planning terms. A proposal may still need a site-specific obligation to mitigate its particular effects even if CIL is charged.

Authorities can choose to pool funding from different routes for the same infrastructure if they identify expected CIL-funded infrastructure in their infrastructure funding statements. That does not make the two mechanisms the same, nor does it establish that a particular charge or obligation is valid. For the general relationship between the mechanisms, consult the government’s planning obligations guidance and CIL guidance.

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What should you do if you are asked for a Section 106 contribution?

Ask what planning impact the contribution is intended to address and how the amount or requirement is supported. A request should have a planning basis, not just a reference to a broad infrastructure need. The Planning Inspectorate’s good-practice advice points to the relevant development-plan policy, evidence of additional demand, information about existing infrastructure capacity, the calculation method and the facilities or infrastructure on which a financial contribution would be spent.

Review the proposed obligation itself as well as the explanation for the request. Check what it requires, how it relates to the development, and whether it meets the tests of necessity, direct relationship and fair and reasonable scale and kind. If a contribution is unclear, ask the authority for the policy basis, supporting evidence and calculation. The Planning Inspectorate’s advice gives further guidance on the evidence relevant to financial obligations.

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What should you confirm before work starts?

  • Whether there is a Section 106 agreement or unilateral undertaking affecting the land, and what its actual terms say.
  • Whether the relevant authority has a CIL charging schedule, and how it applies to your specific proposal.
  • Whether the development could qualify for an exemption or relief, and what application, evidence and deadline the authority requires.
  • Whether a proposed Section 106 requirement is supported by a development-plan policy and evidence that satisfies the statutory tests.
  • Whether you need planning or legal advice to interpret a deed, title entry or project-specific determination.

This article concerns the planning framework in England. CIL adoption, rates, relief administration and the effect of a particular obligation depend on the authority, site and project. Confirm the current local position rather than treating a national threshold or general explanation as a bill calculation.

Frequently Asked Questions

Does having planning permission mean I have no CIL liability?

Not necessarily. Planning permission and the question of whether a development is chargeable are related but distinct; check the local charging schedule, project details and any relief decision with the authority administering CIL.

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Can I rely on a previous owner’s account of a Section 106 obligation?

Treat it as a lead, not as proof of the obligation’s terms. Obtain and review the executed agreement or undertaking and check the title and planning records, because the effect depends on the actual document and land.

What evidence might a council ask for to support a Section 106 contribution?

Relevant material can include the applicable development-plan policy, quantified evidence of the development’s added demand, existing infrastructure capacity, the calculation method and the intended facilities or infrastructure. The Planning Inspectorate’s good-practice advice discusses these considerations.

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