If you are planning on building a new home, it is important to understand the legal requirements and regulations for construction in Scotland. One important aspect that you will need to consider is an S75 agreement.
What is an S75 agreement?
An S75 agreement, also known as a planning obligation, is a legal agreement between a developer and the local planning authority. It is used to ensure that developers contribute to the infrastructure and community services needed to accommodate the new development. This can include funding for things like new schools, parks, and affordable housing.
The legal requirement for S75 agreements stems from section 75 of the Town and Country Planning (Scotland) Act 1997. This legislation allows planning authorities to impose conditions on planning permissions to ensure that developments have a positive impact on the surrounding community.
Why do you need an S75 agreement?
If you are planning to build a new home in Scotland, you will need to obtain planning permission from your local authority. As part of this process, the planning authority may require you to enter into an S75 agreement. This will typically be the case if your development will have a significant impact on the local area, or if it is part of a larger development.
It is important to note that you cannot begin construction until the S75 agreement has been signed and all of the conditions have been met. Failure to comply with the terms of the agreement can result in legal action being taken against you.
What are the requirements for an S75 agreement?
The specific requirements for an S75 agreement will depend on the nature of the development and the local planning authority. However, there are some common conditions that are often imposed. These can include:
– Contributions to affordable housing provision
– Funding for transport infrastructure improvements
– Contributions to the construction of new community facilities, such as schools or community centres
– Payments towards the maintenance of existing infrastructure, such as roads or parks
It is important to work closely with your local planning authority to ensure that you understand all of the requirements of the S75 agreement. This will help you to avoid delays or legal issues later on.
If you are planning to build a new home in Scotland, it is important to understand the requirements for an S75 agreement. This legal agreement is designed to ensure that developers contribute to the infrastructure and community services needed to support their new development. By working closely with your local planning authority, you can ensure that you comply with all of the requirements of the agreement and avoid any legal issues.