compliance with the section 106 agreement

Newbee_62

I am buying a home and solicitor now asking the seller for confirmation that the house complied with the section 106 agreement. Seller doesn't have anything and wont sign any indemnity so we seem to be stuck as they say we need it. Anyone know how I can find a certificate or confirmation of compliance. 

daveyjp

How old is the property?

It depends which clause of the s106 is of concern, they can run to dozens of pages and give details of obligations tied to the planning permission.  

First port of call would be the local planning authority.

Newbee_62

It's was built in 2008. They haven't said what clause literally only what I have said above. The solicitors won't contact third parties for some reason it appears

GrumpyDil

If you want to take this forward they need to be clear on exactly what they are asking for confirmation of. 

Although my guess would be it's a more general question of there is a S106 agreement which we haven't read but can you confirm it has all been complied with. 

user1977

Newbee_62 said:

It's was built in 2008. They haven't said what clause literally only what I have said above. The solicitors won't contact third parties for some reason it appears

Unfortunately your solicitors appear to be useless. Ask them which condition(s) they're actually concerned about, and why they're unwilling to contact the council about it.

EssexHebridean

Newbee_62 said:

It's was built in 2008. They haven't said what clause literally only what I have said above. The solicitors won't contact third parties for some reason it appears

If there have been discussions about indemnity - then it may be that the solicitor is holding off from contacting third parties because in some circumstances that can then invalidate any indemnity policy. However that wouldn’t usually include section 106 - generally it’s more for things like building regs compliance. (There have been situations when a client has neatly scuppered their own ability to get an indemnity policy by getting in touch with the local planning department and asking questions!)  If indemnity of any sort is not a realistic prospect, then ask if there are further reasons for them not to be making enquiries of relevant third parties. 

Section62

Newbee_62 said:

It's was built in 2008. They haven't said what clause literally only what I have said above. The solicitors won't contact third parties for some reason it appears

Have you had a look online for the planning application for the property?

Unlikely the full S106 agreement will be online, but the officer's report and decison notice are likely to give clues about what requirements the S106 agreement may contain (consents are sometimes granted with the condition that a S106 containing "XYZ" must be agreed and implemented/complied with).

One of the more problematic things (for future occupants of the property) sometimes included in a S106 relate to the prohibition of parking on local streets (e.g. not being eligible for resident parking permits) - if buying I would want to know if there was one of those in place, and I could see that being something a solicitor potentially being nervous over.

But as user1977 suggested, you need your solicitor to tell you exactly what they are concerned about, otherwise it is just a guessing game.

Newbee_62

Thank you all, I went back to the solicitors and they would not say what clause in particular and I sent them the 106 agreement just kept saying we need to know if it complies. Utter nonsense, I've read the 106 but it's quite lengthy and I don't know what I am looking for.