Section 106 request form guidance notes

You should read these notes carefully and provide the information we need whe requesting S106 agreements for:

Guidance notes

You need to provide the following information when you complete an S106 agreement request form:

1. Owner Details

You must provide the full name and address of:

  • all owners of the site
  • anyone who has an option in the land
  • anyone who has an interest in the land

There is space on the form for two owners but if there are more you must give their details on a separate page.

2. Agent details

If you are an agent submitting the request for a client, you must give your full details.

3. Site or property address

Give the full site address including postcode.

4. Title number

You must:

  • provide the title number or numbers for the whole site
  • submit up to date Land Registry entries, the Register and Title Plan

If these are not available or the land is unregistered you will need to give us your solicitor’s details. See point 6 below.

5. Lender details

You need to give us lender details if the property is mortgaged or there is a legal charge on the site or any part of it.

Your lender will need to sign the S106 agreement unless you are fulfilling all obligations are being when you complete the S106 agreement.

6. Solicitor details

You need to give us your solictor’s details if the site or any part of it is unregistered. You need to make sure that you instruct your Solicitor to act for you as they will need to provide evidence of title to the site.

7. Details of Development and Contribution

For residential developments, you need to give details of the development including:

the description

the number of units

bedrooms per unit

You can find out how to calculate your contribution on our page for housing developments

For commercial developments, you need to details of the development including:

  • the description
  • the net additional floor space
  • the proposed number of employees

You can find out how to calculate your contribution on our page for commercial developments.

You need to tell us on the form when you will be paying your financial contribution:

  • you normally pay financial contributions when someone first occupies your development
  • if you are likely to encounter delay or problems with your lender executing the Agreement, you can pay your financial contribution when you submit your request for a Section 106 agreement

8. Supporting inofrmation

Along with your request for an S106 agreement form, you also need to send:

  • an Ordnance Survey based site plan at scale 1:1250 or 1:2500 showing the site edged with a red line
  • Land Registry Register(s) and Title Plan(s) for the whole site. You can buy copies from the Land Registry.
  • £120 non-refundable legal fee. We will not refund this fee if we refuse your planning application. You may have to pay additional fees depending on the complexity of the Section 106 agreement

Planning decisions

We deal with all planning applications on their own merits. Making a request for a Section106 agreement and paying the fee does not influence the outcome of your application.

Monitoring fee

When we complete the Section 106 agreement, you will have to pay us a £300 monitoring fee. This allows us to:

effectively monitor the start of the development work

collect the financial contributions

monitor that you are complying with the agreement

For residential annexes we need the fee to monitor:

  • future occupation
  • changes of ownership

There is an additional monitoring fee of additional fee of £300 for every additional obligation trigger in the agreement.

Submitting your request

Once you have completed the request form, you need to send it, along with the supporting information and any fees to:

Development Management

Causeway House

Bocking End

Braintree

Essex

CM7 9HB

You need to make any fees payable to Braintree District Council.

Section 106 and Unilateral Undertakings

Address: Causeway House
Bocking End
Braintree
Essex
CM7 9HB

Telephone: 01376 552525