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Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →Outbyte Driver Updater FREEFix the driver behind crashes, sound loss and screen glitchesFind Drivers →Section 106 does not create one nationwide affordable-housing eligibility test. In England, it is a planning obligation attached to a particular development. The signed agreement, the property’s title restrictions and the council’s current policy determine who may occupy or buy the home, how its price is set and what must happen when it is sold again.
Before committing to a Section 106 home, obtain the executed agreement and title entries, identify the tenure, and ask the relevant council and a conveyancer to confirm the current eligibility and resale route. A rule that applied to the first purchaser may not be the rule in force at a later resale.
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What a Section 106 affordable home is
A Section 106 agreement is a planning obligation made in connection with a development in England. For affordable housing, it can impose conditions on occupation, eligibility, price, use and resale. Those conditions may bind the landowner, future owners and other people with an interest in the land.
The practical effect is property-specific. Two homes described as “Section 106 affordable housing” can have different purchase discounts, local-connection tests, valuation clauses, marketing requirements or resale approvals. The controlling documents are the executed agreement for that development, any deed of variation, the registered title and the council’s policy in force when the transaction takes place.
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Why the title restriction matters
A restriction entered on the title is commonly used to make the agreement effective on future dealings. It can require a buyer’s conveyancer to provide an undertaking or obtain confirmation before registration. The restriction does not replace the agreement: it is a warning that the legal and policy conditions must be checked before exchange and again before completion.
England-specific scope
This article concerns planning Section 106 in England. It is not about a United States housing-program provision or the separate heritage-consultation use of “Section 106”. Wales, Scotland and Northern Ireland have different planning and affordable-housing frameworks.
Affordable housing is a group of tenures, not one product
The National Planning Policy Framework (NPPF) Annex B glossary, published by the Ministry of Housing, Communities and Local Government (MHCLG) on 29 September 2026, defines several affordable-housing routes in England. The tenure determines the economics and often changes the eligibility and resale rules.
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|---|---|---|
| Social rent | Rent is set under the regulated social-rent framework. | Which registered provider is the landlord? What allocation and succession rules apply? |
| Other affordable rent | A below-market rented home operated under the affordable-rent framework. | What rent, service charges, household-size rules and nomination arrangements apply? |
| Discounted market sale (DMS) | A new-build home sold at a minimum 20% discount to local market value under the national definition, with arrangements intended to keep it discounted for future eligible households. | How is market value established, what discount applies locally, and who approves the buyer and resale? |
| Other routes to ownership | Shared ownership and other affordable-ownership models can have their own leases, staircasing and resale provisions. | Is the interest being sold a leasehold share or the whole property? Which rent, service-charge and staircasing clauses apply? |
The 20% figure is a national definition for discounted market sale, not a promise that every local scheme uses exactly 20%. A council may require a larger discount, and the agreement may prescribe a different calculation or a cap on the price.
How eligibility is decided
Eligibility normally combines the home’s tenure, the Section 106 wording and the council’s current allocation or affordable-home policy. Do not rely on a sales brochure or on what a previous owner was told.
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Affordable-housing need
A council may require the applicant to demonstrate a need for affordable housing, such as being unable to buy an equivalent open-market home. The evidence and definitions vary. Ask for the council’s written criteria and the application route before making an offer.
Local connection
Some agreements prioritise people who live or work in the area, have close family there or meet another locally defined connection. A local-connection clause may operate only during an initial marketing period or may continue at every resale. The wording in the agreement and the policy at the date of sale control.
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Sole or principal residence
An agreement can require the home to be the buyer’s sole or principal residence. That can prevent use as a holiday let, investment property or second home. Confirm whether the restriction applies to all purchasers, how it is monitored and what happens if circumstances change.
Income and funding tests: a local example
South Tyneside Council’s discounted-market-sale example illustrates how specific a local scheme can be. It sets an £80,000 maximum combined household income and requires mortgage or home-purchase-plan funding for at least half of the discounted purchase price. Those are South Tyneside policy conditions, not national limits. Another council may set different thresholds, omit an income cap or use a different affordability test.
The same South Tyneside policy says discounted-market-sale homes are typically 30% below open-market value and require at least a 40% discount in specified higher-value wards. The national NPPF definition requires at least 20%; the local agreement and current policy determine the actual discount for a particular home.
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Household composition and priority
Some schemes match bedroom numbers or property size to household needs and may prioritise applicants in a stated order. Obtain the written priority rules, including whether existing social tenants, first-time buyers or people being displaced receive preference. A household that qualified at the initial sale may not satisfy the current priority order.
How the price and discount are calculated
Do not assume that “20% off” means 80% of the estate agent’s asking price. The agreement may require an independent valuation, specify the valuation date, exclude certain improvements or set a formula for future increases.
Initial purchase
Ask for the valuation report or the method used to establish local market value, the percentage discount, and the resulting maximum price. Check whether the figure includes fixtures, parking spaces, service charges or other rights. Confirm whether the discount is a fixed cash amount or remains a percentage on resale.
Resale value
Many agreements preserve affordability by applying the same percentage discount to the home’s market value at resale. Others use a price cap, a prescribed index or a council-approved valuation. Improvements may need prior consent and may not be fully reflected in the permitted price. The agreement should state who instructs the valuer, which professional qualification is required and who pays.
Valuation disputes
If you disagree with a valuation, check the agreement for a review or referral mechanism before commissioning another report. A second valuation may not be accepted if the document requires an RICS-qualified valuer appointed in a specified way. Do not market at a figure that exceeds the permitted price while a dispute remains unresolved.
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Reselling a Section 106 home: the usual sequence
The exact route is set by the agreement and local policy. South Tyneside’s published process provides a useful example, but it is not a national procedure.
- Read the legal documents. Obtain the executed Section 106 agreement, any variation, the register and title plan, the lease if the property is leasehold, and any council guidance. Identify the notice, valuation, marketing and buyer-approval clauses.
- Contact the council before instructing an agent. Ask which team handles the home, confirm the current eligibility policy and request the required forms, timescales and contact details for notices. Ask whether the council must approve the valuer or the marketing wording.
- Commission the required valuation. Where the agreement calls for it, use an appropriately qualified residential valuer, such as an RICS-qualified valuer, and follow the specified instruction and valuation date. Keep the report and assumptions.
- Notify the council and assemble evidence. Submit the notice, valuation and any information required by the agreement. The council may ask for proof of ownership, mortgage redemption details, service-charge information or evidence about proposed improvements.
- Market only on the permitted terms. Use the approved price or formula and target eligible purchasers through the channels required by the agreement. A general listing that omits the restriction can attract buyers who cannot qualify and create delay.
- Check the buyer early. The prospective buyer should provide eligibility evidence, income and funding information, local-connection evidence where relevant, and confirmation that the property will be their sole or principal residence if required.
- Obtain conveyancer confirmation before exchange. In the South Tyneside example, the buyer’s conveyancer confirms eligibility and compliance before exchange. Ensure any title restriction certificate, undertaking or council consent is ready before committing to a binding contract.
- Complete and register correctly. Give the buyer’s conveyancer the documents needed to satisfy the restriction and register the transfer. Retain the valuation, approvals and correspondence for future resale or audit questions.
A different agreement may require the council, a registered provider or another nominated body to be offered the home first, or may specify a different marketing period. The document for your property prevails.
Documents to obtain before buying
- The complete, executed Section 106 agreement and every deed of variation.
- Official title register and plan, including restrictions and notices.
- The lease and any affordable-housing nomination or resale schedule.
- The council’s current eligibility and resale policy, with the date or version confirmed.
- The initial or current valuation and the formula for calculating the permitted price.
- Written confirmation of the applicable tenure: rented, discounted sale, shared ownership or another route.
- Details of service charges, estate charges, rent on a retained share and any management company obligations.
- The required notice forms, marketing route, approval sequence and expected response times.
Have a conveyancer experienced in Section 106 restrictions review these documents before you pay a non-refundable commitment or exchange contracts. A mortgage lender may also need to approve the discount, resale restriction and valuation assumptions.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Comparing two affordable homes
Price alone is a poor comparison. Record the following for each property in writing:
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A free scan shows the junk files, broken settings and background clutter dragging Windows down - then fixes them in one click.Free scan · Windows 10 & 11| Comparison point | What to verify |
|---|---|
| Tenure | Social rent, affordable rent, discounted market sale, shared ownership or another model. |
| Eligibility | Income ceiling, household and bedroom rules, affordable-housing need and evidence required. |
| Local connection | Who qualifies, how long the priority lasts and whether it applies at every resale. |
| Price | Market-value definition, discount percentage or cap, valuation date and treatment of improvements. |
| Resale mechanics | Required notice, valuer, marketing channel, nomination period, approvals and buyer undertakings. |
| Future binding effect | Title restriction, successor obligations and consequences of a non-compliant transfer. |
| Ongoing costs | Rent on an unsold share, service charges, estate charges, insurance and management fees. |
The Section 106 Affordable Housing Clearing Service
MHCLG’s Section 106 Affordable Housing Clearing Service is not a public home-search portal. Its guidance says the service contains housebuilders’ uncontracted and unsold Section 106 homes and is open to registered housebuilders, registered providers and local authorities.
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The guidance was first published on 12 December 2024. MHCLG updated it on 9 October 2026 to reflect the service’s transfer from Homes England to MHCLG; the service had expanded to include London on 28 January 2026. The government warns that submitted home and preference data are not advice to be relied upon. Treat any listing as an administrative opportunity, not proof that a home is suitable, available to the public or eligible for you.
Common problems and how to avoid them
Assuming national rules apply locally
The NPPF supplies category definitions, but councils and agreements supply the operational tests. A South Tyneside income ceiling cannot be applied to a home elsewhere without a matching policy clause.
Relying on the original purchaser’s eligibility
Policies can change, and resale eligibility may follow the policy in force at the time of sale. Obtain a fresh written decision from the relevant council.
Exchanging before approval
If the title restriction or agreement requires confirmation before exchange, exchanging early can leave you unable to complete or expose you to contractual loss. Build the approval timetable into the offer and mortgage timetable.
Marketing at the wrong price
An estate agent’s open-market valuation is not automatically the permitted Section 106 price. Use the required valuer and formula, and state the restriction accurately in marketing material.
Ignoring improvements and alterations
Extensions, loft conversions and major works may need consent and may be treated differently in the resale valuation. Obtain written approval before starting work and keep invoices, plans and certificates.
Using an unfamiliar adviser
Choose a conveyancer who can interpret planning obligations and title restrictions, and a qualified valuer where the agreement requires one. A general conveyancing workflow may miss a council notice or successor restriction.
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A practical decision checklist
- Have you identified the exact affordable-housing tenure?
- Have you read the executed agreement, title restriction and lease rather than relying on a brochure?
- Has the council confirmed the current eligibility test and application route in writing?
- Do you know the permitted price formula, discount, valuation date and treatment of improvements?
- Have you confirmed local-connection, sole-residence and household-income requirements?
- Do you understand who must be notified, who approves the buyer and how long marketing must last?
- Will your lender accept the Section 106 restriction and required valuation?
- Is your conveyancer familiar with planning obligations and the relevant council?
- For a resale, is every approval or conveyancer undertaking ready before exchange?
The practical answer
Section 106 can make a home cheaper than the open market while attaching lasting conditions to who may occupy it, how much can be paid and how it can be sold. There is no single England-wide eligibility checklist or resale timetable. Use the NPPF glossary to understand the tenure, then use the property’s agreement, title and current council policy to determine the actual rules. Confirm the valuation and approval steps with a specialist conveyancer before exchange. This information is general guidance, not legal advice.
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