Updated Guidance: Policy Statement: a roadmap for Section 106 delivery in England

On 28 January 2026, the Government published "a roadmap for Section 106 delivery in England".

Below we highlight the main interesting points of discussion:

  1. Support for renegotiating S106 Affordable Housing unit tenures via deeds of variation when there is substantive proof that the developer has tried to dispose of them to Registered Proviers and there has been no interest.

a.        Requirement for 6 months marketing via the government Clearing Service (spreadsheet).

b.        Seek alternative AH tenures first, then commuted sums second.

c.        Reference to cascade mechanisms, but not necessarily support for.

d.        Recognition of viability implications.

e.        Time limited.

  1. Standardised S106 template to be provided for small/medium sites. There is not yet a timescale for this, but a contract has been awarded.
  2. Standardisation of pricing negotiations for S106 units. Reporting of transfer values for transparency.
  3. Various finance reforms.

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There's long been confusion about the relationship between existing planning permissions and S73 applications.
High Section 106 costs are avoidable

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