Legal agreements (S106)

Discharge/compliance of S106 agreements

A Discharge/Compliance of S106 agreement is when the Council confirms, in writing, that all the Covenants have been complied with (or not), this includes both financial and non-financial.

On the sale/purchase of any property it is advised that this type of compliance/discharge check is done at the beginning of the conveyancing process as it may cause delays if left to the end and/or near exchange.

If you (or your solicitor/conveyancer) require the Council to confirm that all the covenants within a S106 (or Unilateral Undertaking) have been complied with then this is a Discharge/Compliance request.

If you require a formal response from the Council,  the cost for this type of enquiry is £290.00 per S106 agreement, and you need to email planning@runnymede.gov.uk with the following information

  • Copy of the Local Land Charges register showing which Application Number(s) you are enquiring about and confirming the address of the site (both what it was originally called and what it is called now)
  • Contact details of the person who the Compliance response should be emailed to, if it is different from the originator of the enquiry

Please note that due to size of some S106 agreements these matters can take some time and as such this type of enquiry should always be undertaken at the beginning of the purchase process.

The Council will register this enquiry, when all the required information and fee is received (no fee no processing of the enquiry).  And once registered when all information to complete the compliance request has been collated and checked a letter will be emailed, further requests for updates during this process cannot be answered.

If the S106 you are enquiring about includes Covenants which relate to Surrey County Council, then you will need to contact Surrey County Council directly to ascertain if those Covenants have been complied with, they have their own fees and time scales for these matters: email Surrey County Council

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