Section 106 monitoring fees

The monitoring of Section 106 (s106) agreements is costly and requires significant resource. As a result of the Community Infrastructure Levy legislation, councils can now charge monitoring fees in relation to s106 agreements, providing they are proportionate, reasonable and reflect the actual cost of monitoring. 

Section 106 pricing structure

We have taken the decision to introduce reasonable monitoring fees with immediate effect. The time spent monitoring s106 agreements has been calculated and we have introduced a three tier cascade system. Our pricing structure reflects the differing amounts of time spent monitoring agreements, for different sized developments. 

Monitoring fees are payable at the same time as any legal costs, or on execution of the s106 legal agreement, and will apply to all applications submitted on or after 14 September 2020. Given the marked variation in the number of agreements signed each year, it is proposed to review the monitoring fees approximately 12 months after implementation.

Minor developments monitoring fee

A minor development is classified as 'less than 10 residential units and where the gross floor space to be built is up to 1,000 square metres, or where the site area is less than 1 hectare'. Where the number of dwellings to be constructed or floor area proposed is not given in the application, a site area of less than 0.5 hectares is classed as a minor development.

  • The fee for monitoring minor developments under Section 106 is £1,500

Small scale major developments monitoring fee

Small scale major developments are classified as '10 to 199 residential units (inclusive) and where the gross floor space to be built is 1,000 to 9,999 square metres, or where the site area is 1 hectare and less than 2 hectares'. Where the number of dwellings to be constructed or floor area proposed is not given in the application, a site area of between 0.5 hectares and less than 4 hectares is classed as a small scale major development.

  • The fee for monitoring small scale major developments under Section 106 is £2,500

Large scale major developments monitoring fee

Large scale major developments are classified as '200 or more residential units and where the gross floor space to be built is 10,000 square metres or more, or where the site area is 2 hectares or more. Where the number of dwellings to be constructed or floor area proposed is not given in the application, a site area of 4 hectares or more is classed as a large scale major development.

  • The fee for monitoring large scale major developments under Section 106 is £3,500