Femme Noir

Enforcing Breach of s106 Agreement: What You Need to Know

Section 106 (s106) agreements are legally binding agreements between local authorities and developers. These agreements are put in place to ensure that developers contribute to the community by making necessary infrastructure improvements, providing affordable housing, and investing in the local area. However, there are times when developers fail to meet these obligations, which is known as a breach of s106 agreement.

When a breach occurs, it is essential that the local authority takes action to ensure that the developer meets their obligations. This process can be complex and time-consuming, but it is essential to protect the interests of the community. Here are some of the steps that need to be taken to enforce a breach of s106 agreement.

1. Identify the breach

The first step is to identify the breach of the s106 agreement. This can be done by reviewing the agreement and comparing it to the development that has taken place. If there is a significant discrepancy, then it is likely that the developer has breached the agreement.

2. Notify the developer

The local authority must inform the developer of the breach and provide them with a period in which to rectify the issue. This period can vary depending on the severity of the breach, but it is usually around 28 days.

3. Review the response

Once the developer has been notified, they will need to respond and provide a plan to rectify the issue. The local authority needs to review this plan and ensure that it is sufficient to meet the obligations outlined in the s106 agreement.

4. Take legal action

If the developer fails to rectify the breach within the specified period, the local authority can take legal action through the courts. This can involve seeking an injunction to prevent further development or requiring the developer to provide financial compensation.

5. Monitor the situation

Even if the developer rectifies the breach, it is essential to continue to monitor the situation to ensure that they continue to meet their obligations outlined in the s106 agreement. This may involve regular inspections or reviews to ensure that the agreement is being adhered to.

In conclusion, enforcing a breach of s106 agreement can be a complex and time-consuming process. However, it is essential to protect the interests of the local community and ensure that developers meet their obligations. By identifying the breach, notifying the developer, reviewing their response, taking legal action if necessary, and monitoring the situation, the local authority can ensure that the s106 agreement is enforced and that the community benefits from the development.