Legal agreements (S106)

​​​​​​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 matters.

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 of the process and/or near exchange.

If you (or your solicitor/conveyancer) require the Council to confirm that all the covenants within a S106 agreement (or Unilateral Undertaking) have been complied with, then this is known as a ‘Discharge/Compliance Request’. The guidance below also applies to enquiries regarding the CIL status of a property – for example when further details about a CON29 search are sought.

If you require a formal response from the Council,  the cost for this type of enquiry is £304.50 per S106 agreement or CON29 enquiry, and you need to email planning@runnymede.gov.uk with the following information:

• For S106 discharge/compliance requests: 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) and, if applicable, the financial charges still showing in parts of the register.
• For CIL enquiries: a copy of the CON29 report, being not less than 1 month old.
• For both of the above: contact details of the person who the Compliance response/CIL enquiry response should be emailed to, if it is different from that of the original person/organisation enquiring.

Further guidance regarding S106 enquiries

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/as early as possible in the purchase process.

If the S106 agreement you are enquiring about includes Covenants which relate to matters addressed by 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 timescales for these matters: email Surrey County Council

Further guidance regarding CIL enquiries

The Council will not supply copies of Liability Notices unless the required fee has been paid, and any such notices will be redacted to comply with GDPR legislation.  

Please note if you have a query about the CIL chargeable amount, you can review the planning history of the property using the Council’s website where you can view the planning decisions and view a copy of the CIL Form 1 submitted as part of the planning application.  This information can then be used on the Council’s CIL calculator to cross-reference the CIL chargeable amount showing on the CON29 report. Discussions on how the CIL chargeable amount was calculated will not be provided as part of this enquiry service. 

This Council did not start charging CIL until 1 March 2021, and therefore only relevant development after this time is CIL liable.

This Council also removes all Local Land Charges regarding CIL as soon as the relevant charge has been paid in full. Therefore, if a CIL chargeable amount is showing on a CON29 report, the development in question has either not commenced material operations, or the liable party has not paid the CIL charge in full. This could be due to several reasons, including because some CIL charges are paid in instalments; or the liable party has not paid the surcharges or late payment interest; or if the exemption period (e.g. for self-build exemptions) has not been fully complied with, amongst other reasons. See our CIL webpages for details about Self-Build Exemption

Please do not use this service to enquire if a CIL chargeable amount which still appears on a CON29 report is still due: if it appears on the report, then the CIL chargeable amount is still due to be paid.

Further guidance for all enquiries

The Council will register the enquiry when all the required information, and the fee, is received. The enquiry will not be processed until the fee is paid. Once registered, and when all information to complete the compliance/CIL enquiry has been collated and checked, a letter will be emailed out with the Council’s response. Further requests for updated/additional information during this process cannot be answered.