Q&As

What methods are available to protect a landowner when they sell land that is subject to a section 106 agreement obligation to a developer, so that the landowner is not liable for the obligations themselves?

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Produced in partnership with Carina Wentzel of Norton Rose Fulbright
Published on: 12 September 2022
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There are several avenues which a landowner can explore in such a situation and what may be appropriate will depend on the circumstances.

Fist of all, it is worth noting that, once the developer derives title in the land bound by section 106 of the Town and Country Planning Act 1990 (TCPA 1990) agreement from the landowner, the s 106 agreement will, by operation of TCPA 1990, s 106(3), be enforceable against:

  1. •

    the landowner (as person entering into the agreement), and

  2. •

    the developer (as person deriving title from the landowner)

However, TCPA 1990, s 106(4) provides that a s 106 agreement can provide that a person shall not be bound by the obligations in respect of any period

Carina Wentzel
Carina Wentzel

Senior Associate, Norton Rose Fulbright

Carina Wentzel is a senior associate at Norton Rose Fulbright and advises on all aspects of planning law, acting for a range of clients including private developers, charities, utility companies, institutional investors, retailers and student accommodation providers.

Her experience includes providing strategic advice on planning applications, permitted development rights, the Community Infrastructure Levy and compulsory purchase and compensation. Carina also advises on judicial review claims, statutory challenges and enforcement. In addition, she regularly negotiates planning and highways agreements for schemes across England and advises on acquisitions and disposals (single properties or portfolio sales), as well as on refinancing and forward funding transactions.

Before joining Russell-Cooke in 2018, Carina spent six years at an international City law firm.

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