Precedent s 106 deed of indemnity
Precedent s 106 deed of indemnity

The following Planning precedent provides comprehensive and up to date legal information covering:

  • Precedent s 106 deed of indemnity


relating to

liabilities arising from an agreement made under section 106 of the Town and Country Planning Act 1990 [and [insert other legislation]] in relation to the development at [insert address]

This Agreement is made on [insert date]


  1. 1

    [insert name] of [insert address] ([Landowner’ OR ‘Transferor]);

  1. 2

    [insert name] of [insert address] ([Developer’ OR ‘Occupier’ OR ‘Transferee]);


    1. (A)

      [Recite ownership details for the Land].

    1. (B)

      On [insert date of Original Agreement], [recite details of the local planning authority], the [Landowner OR Transferor] and [list the parties to the original section 106 agreement] entered into the Original Agreement.

    1. (C)

      Without prejudice to the covenants in the Original Agreement, the [Developer OR Landowner OR Transferor] has agreed to indemnify the [Landowner OR Occupier OR Transferee] against losses, liability, proceedings, costs, claims, demands and expenses as specified in this Agreement.

It is agreed:

    1. 1


      1. 1.1

        In this Agreement, unless the context otherwise requires, the following terms (arranged in alphabetical order) shall have the following meanings:

        1990 Act

        1. means the Town and Country Planning Act 1990 (as amended)

        [Consequential Loss

        1. means consequential, special, indirect, incidental or punitive damages or loss or any loss of profits or other form of economic loss however arising]


        1. means an independent and fit person holding professional qualifications appropriate in light of the subject matter of the dispute, to be appointed (in the absence of agreement) by the president (or

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