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  • FIRST POST
    • JuzaMum
    • By JuzaMum 19th Mar 17, 4:21 PM
    • 224Posts
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    JuzaMum
    Why do I need to complete S106 and what does it mean
    • #1
    • 19th Mar 17, 4:21 PM
    Why do I need to complete S106 and what does it mean 19th Mar 17 at 4:21 PM
    Hi
    I have recently put in a planning application to turn the single storey extension on my house into an annex. This will not involve any building work other than a front door and internal walls. The planning dept. have asked for a CIL form to be completed (done) and a S106. I understand what the CIL is for and don't think I am liable? What is the S106 for and are there financial implications to completing the form?
    Thanks
Page 1
    • daveyjp
    • By daveyjp 19th Mar 17, 5:09 PM
    • 7,155 Posts
    • 5,558 Thanks
    daveyjp
    • #2
    • 19th Mar 17, 5:09 PM
    • #2
    • 19th Mar 17, 5:09 PM
    A s106 agreement is a contract between you and the planning authority and formalises your requirement to pay CIL.

    It will need drafting by a solicitor. Some Councils have a model agreement, others expect the applicant to provide one. Either way you will be expected to pay for it.
    • JuzaMum
    • By JuzaMum 19th Mar 17, 8:58 PM
    • 224 Posts
    • 197 Thanks
    JuzaMum
    • #3
    • 19th Mar 17, 8:58 PM
    • #3
    • 19th Mar 17, 8:58 PM
    Thanks for a simple reply. The council have sent me forms to fill in but I didn't understand why as I am not undertaking a large development. I think (hope) that as I am not building anything just changing use there won't be CIL to pay.
    • Le_Kirk
    • By Le_Kirk 20th Mar 17, 10:31 AM
    • 2,199 Posts
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    Le_Kirk
    • #4
    • 20th Mar 17, 10:31 AM
    • #4
    • 20th Mar 17, 10:31 AM
    Are you a developer? I thought Community Infrastructure Levy and Section 106 agreements were only for new developments where, say, you build some new houses (not sure how many but more than one) and these charges ensure that local facilities can be updated to take account of the number of new residents your development will attract to the area, schools, roads, sewers etc.
    • Doozergirl
    • By Doozergirl 20th Mar 17, 11:57 AM
    • 23,969 Posts
    • 66,534 Thanks
    Doozergirl
    • #5
    • 20th Mar 17, 11:57 AM
    • #5
    • 20th Mar 17, 11:57 AM
    Your annex will be exempt from CIL and S106 but you still need to complete the forms, swearing that the annex will be tied to the house and not used as a separate dwelling, where it could be subject to CIL and S106.

    It means you can't sneakily get past planning or paying the levy by utilising the four year rule.
    Everything that is supposed to be in heaven is already here on earth.
    • JuzaMum
    • By JuzaMum 20th Mar 17, 4:47 PM
    • 224 Posts
    • 197 Thanks
    JuzaMum
    • #6
    • 20th Mar 17, 4:47 PM
    • #6
    • 20th Mar 17, 4:47 PM
    I'm not a developer. I have let out rooms in my house for 10 years but can no longer do this so thought making the extension a separate dwelling I could let out would replace the sorely missed income. Am I likely to get charged £££s for doing this?
    • daveyjp
    • By daveyjp 20th Mar 17, 7:53 PM
    • 7,155 Posts
    • 5,558 Thanks
    daveyjp
    • #7
    • 20th Mar 17, 7:53 PM
    • #7
    • 20th Mar 17, 7:53 PM
    Only your local authority can answer your question as each one has a different CIL charging policy.
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