PXR5 Posted November 21, 2022 Share Posted November 21, 2022 (edited) I have had to agree on a S106 agreement, that is to sell if possible the new house to a local person when I move on. The preferd solictors of the council have emailed me stating they estimate that they need £750 for the work to prepair the document. Is this S106 a standard agreement of 2/3 pages? am I been taken to the cleaners on this?. They state an hourly rate of £250. The planners screwed up my free second go at the application, & Ive allready had to pay twice & had a massive time delay, so I dont feel very inclined to allow some grifter solicters to have me over. As a side note, I was involeved in a lease for a commercial property by a leading solicters in my area, a docment of some 20 odd pages with several questions going back & forth, this cost about £1700. Should I just swallow it & pay up? thanks Edited November 21, 2022 by PXR5 Link to comment Share on other sites More sharing options...
Canski Posted November 21, 2022 Share Posted November 21, 2022 I'm just going through this process with a section 106 agreement forcing me to pay money for affordable housing. I see no way out of it so have agreed to pay. The problem is the delays they are causing by failing to issue the document for my solicitor to check. I have been warned by my planning consultant that I will have to pay in the region of £750 to the council solicitors to process this. Daylight robbery but no 106 no planning. Link to comment Share on other sites More sharing options...
PXR5 Posted November 21, 2022 Author Share Posted November 21, 2022 Yeah, its piss poor, Ive opted to not use a solicitor & Im representing myself, I was under the impression that it was straight forward document? Am I asking for trouble? thanks Link to comment Share on other sites More sharing options...
nod Posted November 21, 2022 Share Posted November 21, 2022 You will probably have to swallow it Most on here have paid out large amounts to professionals Simply because planners have asked Link to comment Share on other sites More sharing options...
PXR5 Posted November 22, 2022 Author Share Posted November 22, 2022 Im not sure if I should make an issue of it, dont want them to give me a hard time over it in return....... Link to comment Share on other sites More sharing options...
Canski Posted November 22, 2022 Share Posted November 22, 2022 £600 down this morning to the Principal planning solicitor. Madness but necessary. Link to comment Share on other sites More sharing options...
PXR5 Posted November 22, 2022 Author Share Posted November 22, 2022 Its just more of the sense of entitlement by so called professionals, these people are parsites, bit like an MP ....... Link to comment Share on other sites More sharing options...
Kelvin Posted November 22, 2022 Share Posted November 22, 2022 Yes it’s cost us over £1000 here and there for reports we’ve not really needed. Very frustrating. Link to comment Share on other sites More sharing options...
DevilDamo Posted November 22, 2022 Share Posted November 22, 2022 £750.00 does seem to be the common figure in preparing legal agreements. It’s the same fee down in the south with our LPA’s. Link to comment Share on other sites More sharing options...
PXR5 Posted November 23, 2022 Author Share Posted November 23, 2022 Oh well, quess Ill just have to pay up, thanks for the comments.. Link to comment Share on other sites More sharing options...
sameulepapi Posted November 23, 2022 Share Posted November 23, 2022 8 hours ago, PXR5 said: Oh well, quess Ill just have to pay up, thanks for the comments.. The answer was in the question, if it involves a solicitor then yes you are being taken the cleaners! Link to comment Share on other sites More sharing options...
Canski Posted December 2, 2022 Share Posted December 2, 2022 I had a very depressing conversation with a demolition contractor yesterday, who informed me that it took 3 to 4 months for him to get his section 106 agreement passed through. It was with the same council as the one I am waiting for. I hope I'm luckier than him. Link to comment Share on other sites More sharing options...
PXR5 Posted December 3, 2022 Author Share Posted December 3, 2022 Oh, is that Warwick council? Im dealing with Stratford O'A' council hope i have a better time.... Link to comment Share on other sites More sharing options...
Canski Posted December 4, 2022 Share Posted December 4, 2022 13 hours ago, PXR5 said: Oh, is that Warwick council? Im dealing with Stratford O'A' council hope i have a better time.... No Whychavon. Link to comment Share on other sites More sharing options...
patp Posted December 10, 2022 Share Posted December 10, 2022 Our neighbour was told the same about a section 106 and a contribution for affordable housing. He queried it and was told that if he reduced the footprint of the house he would not be subject to the section 106. He duly re submitted plans for a house with a smaller footprint, got consent for it with no section 106, then put in for changes that would increase the size to the original one planned. Link to comment Share on other sites More sharing options...
Canski Posted December 21, 2022 Share Posted December 21, 2022 My case just got a whole lot more difficult. to summarise I bought an old house that had an expired planning permission for demolition and the build of 2 new 4 bed houses i bought it in May 22 and the TR1 was submitted to land registry. Then had to go through a season of bat surveys and the new application was submitted and validated in November. Then came the question of a section 106 so have battled to get the council to print that out. That’s come through albeit with my company name added where it shouldn’t be but when my solicitors( who did the conveyancing) checked the title had not yet been transferred. Without that I can’t complete the section 106 agreement. no title transfer = no section 106 no section 106 = no planning no planning = no bat licence no bat licence = no demolition no demolition = another year of bat surveys i feel so let down in all of this the system is crazy. I am wondering whether it’s worth ( possible) re submitting the TR1 this time with the correct address on it ( solicitors ) and applying for them to expedite it. They ( land registry) say this can be done The expedite (fast-track) process is available for applications, either residential or commercial, where a delay would: cause problems not related to a land transaction put a property sale or any kind of property transaction at risk, for example, a refinancing deal or development Link to comment Share on other sites More sharing options...
Alan Ambrose Posted January 14, 2023 Share Posted January 14, 2023 The Land Registry 'fast-track' thing does work and is usual for anything where anybody cares about the speed of processing - usually because (as in this case) one or more important things depend on it. These days most solicitors will do it as a matter of course. 'Fast-track means in practice, I believe, a couple of weeks. The solicitors also get to be able to log into some LR site where they can see the status. Link to comment Share on other sites More sharing options...
Temp Posted January 14, 2023 Share Posted January 14, 2023 (edited) @PXR5If not too late make sure there is a clause allowing sale to anyone if you can't find a local buyer after some period of time on the market. Your lender may also want to see the wording as occupancy restrictions affect the value. Edited January 14, 2023 by Temp 1 Link to comment Share on other sites More sharing options...
Canski Posted January 14, 2023 Share Posted January 14, 2023 (edited) 4 hours ago, Alan Ambrose said: The Land Registry 'fast-track' thing does work and is usual for anything where anybody cares about the speed of processing - usually because (as in this case) one or more important things depend on it. These days most solicitors will do it as a matter of course. 'Fast-track means in practice, I believe, a couple of weeks. The solicitors also get to be able to log into some LR site where they can see the status. Thanks Alan, My solicitors reluctantly agreed to expedite the land registry. However the county solicitor has now advised that all 3 companies that sold me the plot and myself have had to be served with certificate B notice .... What a faff that Certificate B notice should be served with the current and ongoing application for the 21 day period to happen and the cert to be sent to me for the file. This new serving of Cert B and superseding Cert A should be to make sure that everything is up to date at this moment in time (notwithstanding what the Land Registry are up to). As legal are not happy to proceed, (although they are drafting the legal agreement), until the people/ companies on the documents are all the same and accurate. From Google Certificate B (Shared Ownership - all other owners known) Certificate B should be completed if the applicant is not the sole owner, but knows the names and addresses of all the other owners (e.g. this certificate will need to be served if the proposals encroach onto adjoining land). The Notice to Owners (Notice 1) must also be completed and sent to all known owners. If the proposal is a Householder Development, the Householder Notice should be completed. Edited January 14, 2023 by Canski Link to comment Share on other sites More sharing options...
Alan Ambrose Posted January 14, 2023 Share Posted January 14, 2023 One of my favourite books is Catch 22, because it makes me laugh. Unfortunately, these days I think it’s a required official training course text for all planning officers. 2 Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now