Section 106 do I need a solicitor?

[Busby15]

I want to set up a section 106 with Stockport council for payment of a recreational charge, can I do this myself without hiring a solicitor?

[themas]

S106 agreements are normally things demanded by the Council as a condition for giving a planning consent. I thought that the Council solicitor would usually draft the agreement, but maybe they have passed that responsibility on to you. If they have, I would say it is vital to use a solicitor - not any old solicitor but one who is experienced & knowledgeable in planning law.

Even if the Council is drafting the agreement you would be well advised to get a solicitor to check it over unless it is extremely simple & you are 100%+ certain there are no implications which could cause you grief later on. Once you sign it you are committed to it, & if there later turns out to be a difference of interpretation you could end up with a costly legal battle or paying additional money to the Council.

[bushbaby_de]

I would strongly advise that you have your own solicitor to check the agreement for you as they also check your title before you 'make title' to the land - this can have serious implications on your property title if you get it wrong.