Section 106

S106 obligations are the most commonly misread element of a planning consent.

Financial exposure buried in schedules. Indexation ignored. Trigger points missed. PlanSureAI extracts S106 obligations automatically — financial exposure, trigger map, indexation, hard gates, and clause-linked provenance — and puts them into a lender-ready evidence pack lenders can actually underwrite.

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What is a Section 106 agreement?

A Section 106 agreement (under the Town and Country Planning Act 1990) is a legal obligation between a developer and a local planning authority, entered into as a condition of planning consent. It secures contributions toward affordable housing, highways, education, open space, and other infrastructure requirements generated by the development.

Unlike CIL — which is a standardised levy calculated per square metre — S106 obligations are individually negotiated and vary significantly between schemes, authorities, and planning periods. They are documented in dense legal agreements that are not written to be read quickly by a lender's credit committee.

That gap between how S106 agreements are written and what lenders need to know is where most lender-ready evidence packs fall short.

How S106 goes wrong in lender-ready evidence packs

These are not edge cases. They appear regularly in lender-ready evidence packs assembled manually, and each one can materially affect lender assessment or cause a draw to be blocked.

  • Per-unit obligation stated as the total — the most common and most expensive mistake
  • Indexation ignored — obligation modelled at consent-date value, not payment-date value
  • Trigger points missed — draw blocked at commencement because a hard gate was not identified
  • Affordable housing obligation understated — GDV overstated as a result
  • Non-financial obligations omitted — programme risk not surfaced to lender
  • No clause provenance — lender cannot verify the figure against the primary document

What PlanSureAI extracts from an S106 agreement

Upload the S106 agreement to PlanSureAI — consent document, deed of obligation, or unilateral undertaking. The analyser extracts each of the following and presents them in a structured format ready for inclusion in the lender-ready evidence pack.

Financial obligations

Per-unit rates multiplied correctly against the consented unit count. Total exposure stated, not buried in a schedule.

Indexation

RPI or CPI linkage identified, base date recorded, payment date noted. The figure at payment is modelled, not the figure at consent.

Trigger map

Which obligations fall due at commencement, at each occupation threshold, and at practical completion. Cash timing matters to lenders.

Hard gates

Conditions that block commencement or occupation until an obligation is discharged. These stop draws. Lenders need to know about them before they commit.

Affordable housing obligations

Tenure split, unit count, pricing basis (market discount or fixed), and whether the requirement is in-kind or a commuted sum. Both affect GDV.

Non-financial obligations

Highways works, ecological mitigation, open space, education — obligations that carry programme risk even when they carry no direct cash cost.

Clause-linked provenance

Every figure is traced to the clause it came from. Nothing is summarised without a source. Lenders can check the primary document.

Clawback provisions

Overage, viability review mechanisms, and clawback triggers identified and flagged. These affect exit modelling and need to be disclosed.

Every figure is traceable to its source clause. The analyser does not summarise without provenance — lenders can verify any obligation against the primary document directly from the lender-ready evidence pack.

S106 in the lender-ready evidence pack — not as an annex, as a section

Most lender-ready evidence packs attach the S106 agreement as a PDF and leave the lender to read it. PlanSureAI assembles §3 of the lender-ready evidence pack as a structured S106 obligations section — executive summary, financial table, trigger map, indexation schedule, hard gates, non-financial obligations, and full clause provenance.

Lenders can assess the S106 position from the pack alone. The primary document is available as a signed download for verification. Nothing requires the broker to answer follow-up questions about obligations that should have been in the pack from the start.

Extract the S106 obligations from your next deal

Upload a consent document or S106 agreement. The analyser extracts financial obligations, indexation, trigger points, and hard gates — free, no login required.