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S106 and/or CIL obligations from previous owner

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I'm an buying a property that has existing planning for demolition and rebuild. The vendor appears to have made quite a few planning applications. The conveyancing report states quote "The local authority's records indicate that the property is subject to a Section 106 Agreement." "A Section 106 Agreement is usually binding on any successors in title, meaning you, as the new owner, will be
bound to the original obligations set out in the agreement" - a copy of this agreement has been requested for vendor's solicitor

 

This is Horsham Council in West Sussex - which states that S106 is largely phased out in favour of CIL ??

 

There is a liability notice issued 09/06/2026 for £21,754.83 against the vendor and another for £2,722.82 issued 05/03/2024 for a different planning application by the vendor

 

Obvious question here is am I liable for any of these charges i.e. should I be worried

 

Thanks

If you implement the planning you will be liable for the S106 payment.  Once you get the paperwork your solicitor should be able to advise.  That is a fair chunk for a replacement dwelling and you may be able to reduce this.

+1 If you implement the planning permission expect to have to pay the S106 agreement. 

 

You should get a copy of the planning permission and S106 agreement from planning.

  • 3 weeks later...
  • Author

Thanks - so you are saying if I implement that specific planning entry I pay the S106 (makes sense) - but if I submit my own plans (which I will) and the CIL Exemption form for a self-build then it wouldn't apply

It depends on what the S106 was for. As @Temp mentioned, you should get a copy of the planning permission and S106 agreement from planning and go from there.

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