We carefully monitor all Legal Agreements in a transparent manner. We ensure that:
- contributions are spent on their intended purpose and
- the associated development contributes to the sustainability of the area.
Where we have closely monitored schemes, we have secured the community contributions expected from the development. Additionally the transaction stages become easier when it's confirmed that the obligations have been complied with.
This page sets out what the fees are for monitoring obligations.
All fees are inclusive of VAT unless stated otherwise.
Planning obligations
Tying of land to a building - No fee
Single affordable homes - £421
Modification/variation of a 106 - £421
Modification/Variation of a 106 relating to an application for a single affordable home - No fee
Modification/Variation of a S106 relating to a change of Mortgagee in Possession clause only - £114
Minors – non-residential (less than 1,000sqm or less than 1ha) - £2,395
Small scale Major - non-residential (1,000sqm - 9,999sqm or between 1ha and 2ha) - £4,790
Large scale Major – non–residential (more than 10,000sqm or more than 2ha) - £6,701
Below 5 dwellings/holiday units - £1,491
5-10 dwellings with no on-site affordable housing - £2,042
5-50 dwellings/holiday units - £3,086
51-99 dwellings/holiday units - £4,790
100+ dwellings/ holiday units - £6,701
Community Payments (Often linked to Renewable energy schemes) - £1,021 per year index linked
New S106 monitoring fee structure
From the 1 April 2026 a new S106 monitoring fee structure will be introduced. This will be applied to any new legal instruction from 1 April 2026.
The total monitoring fee will be worked out using a combination of the below, as applicable. This will make the total fee required more transparent. It will also be directly linked to the level of work involved in monitoring adherence to the agreement by all parties.
a) Agreement registration (for all new s106 agreements only) - £318
All new s106 agreements will need to pay the ‘Agreement Registration’ fee. Modifications / variations are not considered a new agreement.
b) Single affordable home (total) - £179
Agreements for a single affordable home will pay the Agreement Registration fee plus this additional fee. This is regardless of how many obligations are included in the agreement.
c) Financial obligation (per trigger point) - £476
This fee is to cover the work required to monitor and manage payment of each financial obligation included in the agreement. Example,
- on completion of the 20th dwelling pay 50% of the Education contribution, and
- on completion of the 40th dwelling pay the remaining 50% of the Education contribution
This should be treated as two triggers as two individual payments are being made – therefore 2x the fee.
If the agreement includes multiple financial obligations where the payment trigger is the same, these should all be treated as one trigger for fee purposes. Example, on completion of the 20th dwelling pay 50% of the Education contribution and 50% of the POS contribution. As both these payments are triggered at the same time, this should be treated as one trigger – therefore 1x the fee.
d) Non-financial obligation excluding affordable housing (per trigger point) - £357
Use the same approach for working out the number of triggers as for financial obligations. See separate notes for non-financial affordable housing obligations.
e) Non-financial affordable housing obligations (total) - £476
Where an agreement contains non-financial affordable housing obligations, apply this fee regardless of how many of these obligations are included.
f) Notification obligation (no action for Council) - £179
Apply this fee for obligations that require the developer to notify the Council of something. For example, notification of commencement, removal of caravan etc. As in ‘c’ above, if multiple notifications are triggered at the same time, then only apply 1x the fee.
g) Community payments (per annual payment) - £119
These payments are often linked to renewable energy schemes. This total fee is calculated based on the maximum number of years over which the scheme will run. Example, if the scheme will run for 25 years and an annual payment of £1,000 is required, then the total in this section would be 25x the fee.
h) Modification/variation of a 106 - £595
This is a fixed fee for submissions modifying/varying an existing s106. An Agreement Registration fee should not be included in the total charge to the developer as they will have paid this when the original s106 was submitted.
i) Modification/variation of a 106 - bulk change to single clause by Registered Provider - £119
This only applies to bulk changes to a single clause requested by Registered Providers.
j) Modification/variation of a 106 relating to an application for a single affordable home - No fee
k) Deed of Discharge - £119
This is a fixed fee for Deed of Discharge submissions. An Agreement Registration fee should not be included in the total charge to the developer.
European Site Mitigation monitoring of obligations
European Site Mitigation - £57
This payment is automatically added when paying the mitigation via the online form.
Renewable energy offsetting
Agreement monitoring fee
Renewable Energy Offsetting payments (£50 – 499.99) – S111 agreement monitoring fee - £29
Renewable Energy Offsetting payments (£500 or more) – S111 agreement monitoring fee - £57
Offsetting monitoring fee
Renewable Energy Offsetting payments (£50 – 499.99) – S111 offsetting monitoring fee - £29
Renewable Energy Offsetting payments (£500 or more) – S111 offsetting monitoring fee - £57
Renewable Energy Offsetting payments (£50 – 499.99) – S106 offsetting monitoring fee - £29
Renewable Energy Offsetting payments (£500 or more) – S106 offsetting monitoring fee - £57
On-site and off-site Biodiversity Net Gain (including habitat banks) monitoring
Minor developments - No fee
Medium developments of 10-49 (on-site provision only) - £5,845
On site provision relating to a development of 50 or more dwellings or between 0-10 hectares off-site provision - £8,544
10 up to 20 hectares - £10,858
20 up to 40 hectares - £20,968
40+ hectares - Bespoke fee
Other obligations
Other obligations - No fee