22
Restrict developer renegotiation of Section 106 contributions to exceptional circumstances only
Recommendation
There is an asymmetry of skills, capacity and resources between LPAs and developers that means LPAs often struggle to challenge developers’ claims in viability assessments. Additionally, land values vary significantly across the country, so in some local areas, particularly less affluent areas, developers can argue that sites are not viable. Viability assessments are 28 Qq 44–45 29 Letter from the Permanent Secretary, 9 July 2025 30 C&AG’s Report, paras 2.9, 2.10 31 Letter from the Permanent Secretary, 9 July 2025 13 known to be difficult for LPAs to challenge as they are not transparent, and as a result, LPAs do not know if costs included by developers are realistic and reasonable.32 Sometimes developers will renegotiate their contributions with the LPA in the middle of a development using viability arguments as way to reduce their Section 106 contributions. This should be restricted to exceptional circumstances.
Government Response
A response document is linked to this report, dated 19 January 2026. Response attribution to this conclusion has not been verified. Read the response document.
Source
Committee
Public Accounts Committee
Report
46th Report - Improving local areas through developer funding
17 Oct 2025
HC 886
Addressee Bodies
HM Treasury
Timeline
Recommendation age
0.9 yr
Report published
17 Oct 2025