Affordable Housing Solicitors
Real Estate
Affordable Housing Obligations That Work for Your Scheme
Affordable housing requirements shape the viability, programme and value of almost every residential scheme. Gurve Legal is a London commercial law firm advising developers, landowners and investors on the legal side of affordable housing, from negotiating the Section 106 agreement to selling the affordable homes to a registered provider.
Many firms in this area act mainly for housing associations and local authorities. We focus on the commercial side, helping the businesses that bring schemes forward to agree obligations that are clear, proportionate and deliverable.
Our real estate, corporate and finance lawyers work together, so your affordable housing advice reflects the whole project rather than one document.
Free Initial Discussion
To discuss how we can help and for a no-obligation quote, call 020 7566 1188, use the Book a Discovery Call button below or WhatsApp us. We can assist wherever you are based.
“After working with Gurve Legal, I was impressed by their dedication and professionalism. The team was friendly, knowledgeable, and provided the guidance I needed throughout the process.”
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Our Affordable Housing Legal Services
Section 106 Agreements
Poorly negotiated obligations can undermine viability, and delays in completing the agreement can hold up your planning permission. We negotiate, draft and review Section 106 agreements so the affordable housing terms are workable from the start.
- Affordable housing percentage and tenure mix
- Viability review mechanisms
- Cascade and fallback provisions
- Phasing and occupation restrictions
- Mortgagee in possession clauses that lenders will accept
Varying Existing Obligations
Where a scheme’s circumstances change, the affordable housing obligations may need to change too. We advise on deeds of variation agreed with the local planning authority and on formal applications to modify or discharge an obligation.
- Deeds of variation by agreement
- Section 106A applications to modify or discharge
- Tenure changes where no registered provider can be found
- Commuted sums in place of on-site homes
Sales to Registered Providers
Most developers deliver the affordable homes by selling them to a registered provider. We negotiate and document those contracts so price, specification, handover and payment terms are clear.
- Package deals and golden brick contracts
- Land and build agreements
- Specification, defects and handover provisions
- Grant conditions and payment milestones
Shared Ownership
Shared ownership homes carry legal requirements that differ from standard sales. We advise developers and registered providers on shared ownership leases, plot sales and staircasing.
- Shared ownership lease terms
- Plot sale documentation
- Staircasing transactions
Site Acquisitions With Affordable Housing Constraints
Existing Section 106 obligations and tenure restrictions can significantly affect what a site is worth. Our acquisitions and disposals team reviews those obligations before you buy, so the price reflects the real legal position.
- Review of planning obligations on acquisition
- Successor liability and release provisions
- Contract protections and price adjustments
Joint Ventures and Funding
Many schemes are delivered through partnerships between developers, landowners and housing providers, often combining private finance and grant. Our joint venture solicitors and property finance solicitors make sure the structure and security reflect the affordable housing obligations.
- Joint venture governance, risk and exit terms
- Development finance on mixed tenure schemes
- Security and lender consent issues
Compliance and Disputes
Obligations continue long after the agreement is signed. We advise on compliance, triggers and disputes over interpretation, and our property litigation team acts where enforcement action is threatened.
- Monitoring triggers and occupation restrictions
- Disputes over interpretation
- Enforcement and negotiated settlements
Section 106 Affordable Housing: What Has Changed
Many developers have struggled to find registered providers willing to buy Section 106 affordable homes. The government has responded with time-limited measures, alongside the long-standing statutory route for changing obligations.
Key rules
- Under section 106A of the Town and Country Planning Act 1990, a planning obligation can be varied by agreement at any time, or a formal application to modify or discharge it can be made once five years have passed since it was entered into.
- The government’s policy statement A roadmap for Section 106 delivery in England (published 28 January 2026, updated 24 March 2026) created a time-limited emergency route for schemes with uncontracted affordable homes.
- Under that route, homes had to be uploaded to the Homes England Section 106 clearing service by 1 June 2026 and listed for six weeks before a local planning authority would consider renegotiating tenure.
- Tenure changes agreed under the emergency route must revert to the original mix if the homes are not completed by 1 December 2027.
- Affordable housing is exempt from the Building Safety Levy, which applies to building control applications made on or after 1 October 2026.
Shared ownership model
- Shared ownership homes funded through the Affordable Homes Programme 2021 to 2026 and later programmes use the new model lease introduced from 1 April 2021: a 10% minimum initial share, 1% annual staircasing for the first 15 years and a 10-year initial repair period.
Why Choose Gurve Legal
A Developer-Side Focus
We act for developers, landowners and investors who need to deliver affordable housing as part of a wider commercial scheme. Our advice is about protecting viability and keeping the project moving.
Joined-Up Planning, Property and Finance Advice
Affordable housing touches the planning agreement, the land deal, the finance and the sale to the housing provider. Our teams work together, so you get one coherent set of advice.
Plain English on Technical Obligations
Section 106 agreements can be dense and technical. We explain what you are committed to, when it is triggered and what it means for your cash flow and sales.
Up to Date on a Changing Market
Government policy on Section 106 delivery has moved quickly in 2026. We track the changes and tell you which options are open for your scheme.
Gunea Luthra
Senior Solicitor
Leads our affordable housing and real estate work
View Gunea’s profile
Frequently Asked Questions
It is a legally binding agreement between a developer or landowner and the local planning authority under section 106 of the Town and Country Planning Act 1990. It secures obligations, such as affordable housing, that make a development acceptable in planning terms, and it binds the land.
Yes. They can be varied at any time by agreement with the local planning authority, usually through a deed of variation. A formal application to modify or discharge an obligation can be made once it is five years old.
The answer depends on the agreement. Some contain cascade provisions allowing a change of tenure or a payment instead, and in 2026 the government introduced a time-limited route for renegotiation. We review your agreement and advise on the realistic options.
It is a contract where a registered provider buys affordable homes once construction has reached an agreed early stage, often when the foundations are complete. It helps the developer's cash flow and gives the provider a defined product.
Yes, often significantly. Tenure requirements, the number of affordable homes and any restrictions on sale all affect what a site is worth, so they should be checked before you agree a price.
Staircasing lets the shared owner buy further shares in the home over time. Under the new model lease, the owner can buy 1% a year for the first 15 years as well as larger shares, and the lease sets out how each share is valued.
Speak to Our Affordable Housing Solicitors
Whether you are negotiating a Section 106 agreement, selling homes to a registered provider or dealing with obligations that no longer work, we will give you clear advice on your options and help you keep the scheme moving.
Get in touch with us
Related Services
Property Development Solicitors
Site acquisition, joint ventures, planning obligations and disposals for developers.
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