S106 Management are the original viability consultancy for developers. We offer bespoke services to help reduce, mitigate, or eliminate unviable Section 106 and affordable housing contributions.
Unlike other planning viability consultants, S106 Management provide an expert end-to-end service, from acquisition through reporting, negotiation support and s106 agreement drafting.
All local authorities will ask for affordable housing or s106 contributions on your proposed development. These costs can be disproportionately high, and threaten the deliverability of your scheme. We help ensure these costs are proportionate to your scheme.
Unlike many consultants, post-submission we support you on all levels, providing expert negotiation services, section 106 agreement drafting, appeal submissions and strategy, and mid and late stage viability reviews. Even if you already have your consent and have signed an S106 agreement, we can help renegotiate the obligations on your scheme.
Take advantage of 20 years of viability experience.
A viability report is often a validation requirement. Local Authorities require this report to demonstrate the maximum affordable housing achievable – whether above or below the minimum target.
We provide detailed viability reporting to support your application and demonstrate the maximum viable delivery of affordable housing, be that zero or a policy compliant delivery.
Our reports are fully compliant with PPG Viability, the NPPF and RICS standards. They are clearly presented in a format that is understood and accepted by Local Planning Authorities. They will be welcomed by planning officers at any stage of a planning application and help speed up the planning process.
S106 Management’s viability reports utilise industry standard specialist toolkits, including:
We also arrange RICS Red Book valuations to support benchmark, existing and alternative use values, and full QS elemental cost reports to more accurately demonstrate the cost of your development.
We provide a robust picture of Section 106 affordable housing viability, bespoke to your proposed development, that will be acceptable to any Local Planning Authority. We reference the LPA’s policies and tools, the NPPF, PPG and up-to-date RICS, RTPI and legal advice.
Negotiations
We don't simply provide a 1-stop report. This is a process. A viability report will be vetted by the LPA’s chosen consultant or internal assessor. We then respond to that reporting on your behalf contesting any misconceptions or inaccuracies in fact, practice or planning law that are commonly advanced. Inevitably there are always differences of opinion over individual inputs which require expert negotiation to resolve. This is very much our USP, and our team has successfully negotiated mutual agreement on thousands of developments over the last decade.
Find out more about our Development Viability Appraisals, or get in touch for a free consultation.
Already have planning permission with an S106 agreement or obligation that is no longer viable?
The only way to change your existing S106 agreement, Unilateral Undertaking or planning obligation / restriction is to replace it with a new one.
Changes in all types of obligations can be achieved by presenting one of our viability and policy reports alongside either a S73 variation application (provided your existing S106 agreement permits this) or through a new full planning application (you will have a free go if your consent is less than 12 months old).
In a climate of high inflation, stagnant sales values, and low housing delivery, the deal you did last week is probably unviable.
If you are in a situation where you are looking to change your Section 106 obligations, get in touch with us today.
Find out more about our Renegotiate, Remove or Replace S106 Services, or get in touch today.
S106 agreements
Once a negotiated figure or amount of affordable housing has been agreed upon, an S106 agreement must be drafted, the terms agreed and the document signed to obtain consent. S106 heads of terms will normally be expected to be finalised prior to any resolution to grant consent, and no consent will be issued without a signed s106 agreement.
Largely we find that local authorities and solicitors acting for applicants require specialist support when drafting the terms for complex section 106 agreements, particularly on matters that intersect with viability reporting and negotiations such as late review mechanisms, late payment of contributions, and specific triggers for planning obligations.
There is also a negotiation element to drafting these legal documents which is often underestimated. While absolute quantities of affordable housing or s106 contributions are agreed during viability negotiations, payment terms, triggers and more complex commuted sum or review mechanisms require finesse to ensure actionable, enforceable legal documents.
S106 agreements are often drafted in a hurry at the end of the planning process and the implications not fully understood. We provide full advice on all terms and clauses included, and outline the commercial implications prior to any agreement. We will negotiate with the council’s legal department on your behalf, or support your preferred legal adviser in this regard.
We also provide in house S106 agreement drafting to ensure these legal documents are appropriately worded and there are no surprises.
Call us today for a free consultation. Market leader in viability assessment and Section 106 negotiation.
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