Amendment and variation to a Section 106 (S106) Agreement

A Section 106 planning obligation may be modified (known as a Deed of Modification) or discharged in two ways:

  • Within five years of the date of the completion of the obligation, at any time, by agreement between us and the person or persons against whom the obligation is enforceable;
  • After five years beginning with the date the obligation was legally completed (or a later date specified in the obligation itself).

For a request for the agreement to be amended within five years, you will need to set out reason why this is necessary to us.

In both cases, the proposal for modification or discharge should be submitted to us by a formal application. A copy of the application form can be found below. We will determine the application (i.e. after five years) in one of the following ways:

  1. The obligation is no longer needed to serve its original intended purpose, it may be discharged;
  2. If we consider that the obligation is still needed to serve its original intended purpose, but that this can be achieved by modifying the obligation in the way proposed in the application, we can agree to modify the obligation;
  3. If we consider that the obligation still serves a useful purpose, we can refuse to discharge the relevant obligation.

You can download the relevant application forms and notices below: