PLANNING / ENGLAND · 29 AUGUST 2026

For residents, councillors, reporters and people reading s106 agreements.

An agreement closes with a letter.

For 10–49-home sites in England, MHCLG proposes that the owner asks for written confirmation that obligations have been discharged. Only then would the local land-charge entry be cancelled; for unspent contributions, the proposed period is five years, with accrued interest.

Short answerThis is a proposal, not law in force. It standardises the closing paperwork while keeping two triggers visible: the owner’s written request and the local authority’s confirmation.

MHCLG · published 25 August 2026 · consultation closes 20 October 2026

PAPER TRAIL / 01

standard form
≠ new law

Five proposed stations: obligation, owner request, council confirmation, local land-charge cancellation, and repayment after five years with interest.
draft templateproposal
The diagram compresses the proposed Schedule 3 clauses. It is not a universal process already in force.

01 / CONCLUSION

The form is national. The request is concrete.

The consultation proposes agreement templates, not an automatic list that closes every file. The obligations stay tied to the site and the local authority that administers them.

PROPOSED10–49 homes

The templates are being consulted on for medium-sized sites of up to 2.5 hectares in England.

TRIGGERThe owner asks

In the proposed wording, written confirmation that obligations are discharged begins with an owner’s request.

BOUNDARYNot law yet

A consultation document can change. It does not say every council already follows this path.

02 / THE PATH

Five stations for one obligation

This translates the proposed order. Each station has an actor or condition; a public register is not turned into an automatic close button.

01

The obligation enters the deed

The contribution or condition is tied to the agreement and the land concerned.

02

The owner sends a request

The owner asks in writing for confirmation that one or more obligations have been discharged.

03

The authority confirms

The local authority would issue written confirmation once the obligation is satisfied.

04

The entry can be cancelled

After every obligation is satisfied, the authority would procure cancellation of the deed entries in the local land-charge register.

05

Unspent money comes back?

After the proposed period, a contribution not spent or committed would be repaid with accrued interest, on request.

03 / THE TRIGGER

Why does the first move matter?

In an agreement with public obligations, “closed” can mean several things: the obligation is met, the authority confirms it, and an entry is removed from a register. The proposal keeps those steps separate.

THE STARTING REQUEST

Owner → request → confirmation

The owner asks the local authority in writing to confirm that obligations have been discharged. That wording would leave a clear trail: who asked, which obligation was checked, and what answer followed.

WHAT THE TEXT DOES NOT SAY

It does not say “automatic”.

The proposal does not make the mere passage of time proof that an obligation has been met. Each site still has its deed, conditions and local check.

04 / THE CONTRIBUTION

Five years is not a universal due date

Schedule 3 proposes a rule for contributions received but not spent or committed within the specified period. Repayment would be triggered by an owner’s request and include accrued interest.

DESTINATIONThe purpose stays written

The contribution and accrued interest would be used for the specific purpose for which they were secured.

PROPOSED PERIOD5 years

The consultation offers five years as the default period for repayment of an unspent or uncommitted sum.

REQUESTWith interest

Repayment is not presented as an automatic transfer: the proposed text links it to the owner’s written request.

Interpretation boundary

“Five years” describes the draft consulted on. It is not a guarantee that any unspent contribution is already repayable or that underspending proves wrongdoing.

05 / THE PUBLIC TRACE

What stays visible in the register?

The proposal links the document to the planning register and local land-charge register. Its aim is that a satisfied obligation does not remain attached to a future search after the right request and confirmation.

Surfaces and triggers in the proposed text
SurfaceWhat can be seenWhat triggers the next step
The deedObligations, parties, contributions and purposes.The obligation is agreed and tied to the land.
The confirmationA written answer that one or more obligations have been discharged.The owner’s written request and the authority’s check.
Local land-charge registerThe deed entry and, once all obligations are satisfied, the proposed cancellation.A request after every obligation has been satisfied.

06 / WHAT STAYS LOCAL

A template does not replace the file

The consultation says standardisation can reduce drafting variation. It does not promise that every obligation, deadline or check will look identical on every site.

ENGLANDThe geography is limited

The object is a government consultation for England, not a rule for the whole UK.

LOCALObligations belong to the site

Templates can be adapted to parties, land, phases and the local needs of an application.

NO REAL DATAThis is not a property audit

The page shows no addresses, sums, owners or real entries and does not give legal advice.

The question left open

If the proposal becomes the standard form, how easily will the public be able to connect the written confirmation, the money and the register for a specific site? The answer depends on the final text and each authority’s practice.

07 / PROVENANCE

The document behind the trail

The source is an official consultation, not a press summary. The copy used for checking is archived locally and has a SHA-256 digest.

Primary source

Fact register

Purpose
planning-agreement templates
Scale
10–49 homes, up to 2.5 ha
Period
5 years proposed for unspent sums
Status
proposal, not law in force