Section 106 agreement — can I see it before buying a new build?

by @member-58ae0be6 · 29 May 2026
@member-58ae0be6 29 May 2026

We're considering buying a new build house and the developer has mentioned there's a Section 106 agreement in place. They say it's "just standard affordable housing contributions" but won't show us the actual document.

Is this something we're entitled to see before exchanging contracts? And more importantly, could there be restrictions on us as future owners (e.g. limitations on extensions, parking restrictions, maintenance obligations)?

Our solicitor says they'll "review it during conveyancing" but that feels a bit late to be finding nasty surprises.

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@member-f4ed9c83 29 May 2026

You absolutely need to see the S106 agreement before exchanging. It will be registered as a local land charge and binds all future owners. Your solicitor should be requesting this as standard.

Common restrictions include: no further development without consent, maintenance obligations for shared spaces, and clawback provisions if you sell within a certain period. Some also restrict HMO use or holiday lets.

@member-58ae0be6 29 May 2026

Our solicitor has now requested it. The developer's reluctance to share it is making me very suspicious.

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