This is for the provision of legal agreements for the Cranbrook development only and is an aid to solicitors searching the relevant agreements for their clients. They should not be relied upon as a definitive version of the Local Land Charges register.
New agreements will be added periodically as they become available.
Information for purchasers regarding Section 106 liability
The documents published on this page include the principal Section 106 agreement for the development at Cranbrook (planning ref. 03/P1900) and subsequent agreements to it, which include numerous long term liabilities.
Provisions in clause 13.2 of the Principal Section 106 (as varied) are relevant to those purchasing property at Cranbrook that is within the area covered by the original planning permission (03/P1900). Clause 6.7 of the agreement makes successors in title (and not the original Owners of the land) responsible for any obligations pertinent to the parcel of the Land that the new owner has acquired, however clause 13.2 exempts the (new) residential occupier of any open market housing from all obligations in the Agreement except for the sustainability provisions in Schedule 25.
This means that apart from the sustainability matters in Schedule 25, freehold owners of individual houses are not responsible for compliance with the provisions of the Section 106 obligations. In relation to the sustainability matters and in order to safeguard the purchaser’s position it is advised that confirmation from the developer/vendor is obtained to demonstrate that the dwelling met Code for Sustainable Homes star level three when construction was completed. In paragraph 25.3 (Schedule 25) at the time of completion of a dwelling the developer is/was obliged to obtain a Code for Sustainable Homes Certificate for the dwelling and provide a copy to the purchaser.