Government publishes new roadmap for Section 106 affordable housing delivery

On 28 January 2026, the Government published a new policy statement entitled Policy statement: a roadmap for Section 106 delivery in England (“the Policy Statement”), setting out proposed immediate and longer‑term measures to address challenges in the delivery of affordable housing secured through planning obligations. My colleagues Matthew Tucker and Adam Richards set out their thoughts on this below.

Context and purpose

The Policy Statement reiterates the Government’s position that section 106 ("s106") agreements are an essential mechanism to deliver social and affordable housing, noting their significant contribution to both affordable housing completions and overall housing supply.

It identifies that, in recent years, the negotiation and implementation of s106 agreements has become inefficient and delayed, contributing to a decline in demand for section 106 affordable homes and leaving “thousands of constructed or consented s106 units… uncontracted and unsold”. The Government considers this to be delaying site build‑out and disrupting housing delivery. 

The new roadmap highlights the steps that the government are looking to take to lay foundations for a simpler s106 system. It is hoped that the new roadmap may assist in providing the mechanisms to enable stalled projects and/or empty affordable units to be utilised quicker. 

Key themes in the roadmap

The Policy Statement sets out a proposed “reset” of the s106 system, with an emphasis on simplicity and resilience. In particular, the Government highlights the need for:

• improved transparency and consistency in pricing of section 106 homes;
• greater clarity on the standards that section 106 units must meet, so that they align with the requirements of registered providers; and
• earlier and more effective engagement between local planning authorities, developers and registered providers.

The most pressing of the Government's proposed actions focuses on unlocking uncontracted homes through re-negotiation of existing s106 agreements. Where developers can demonstrate that they have failed to find a registered provider buyer for affordable homes despite using all reasonable endeavours (including use of the Homes England Clearing Service and complying with all appropriate s106 marketing requirements), the Government will expect local planning authorities to re-negotiate agreements with a view to unlocking the otherwise stalled site(s).

The Policy Statement notes that local planning authorities already have the ability to renegotiate s106 agreements where appropriate, including by varying the number or tenure of affordable homes.

Next steps

The Government suggests there will be an update to the Policy Statement in Spring 2026, with further detail on implementation and reform expected in due course. 

While the practical impact of the proposed measures will depend on how they are taken forward in policy and practice, the roadmap is intended to unblock stalled schemes and restore confidence in s106 delivery. If effective, it is hoped that these changes will help to speed up the delivery of affordable housing in England, particularly on sites where development has stalled entirely due to s106 constraints.  If you have any queries, please contact Matthew Tucker or Adam Richards.