Section 106ZB — Housing and Planning Act 2016: Enforceability of planning obligations regarding affordable housing

Enforceability of planning obligations regarding affordable housing 106ZB 1 Regulations made by the Secretary of State may impose restrictions or conditions on the enforceability of planning obligations entered into with regard to the provision of—

a affordable housing, or b prescribed descriptions of affordable housing.

2 Regulations under this section—

a may make consequential, supplementary, incidental, transitional or saving provision;

b may impose different restrictions or conditions (or none) depending on the size, scale or nature of the site or the proposed development to which any planning obligations would relate. Paragraph (b) is without prejudice to the generality of section 333(2A).

3 This section does not apply in relation to a planning obligation if—

a planning permission for the development was granted wholly or partly on the basis of a policy for the provision of housing on rural exception sites, or b the obligation relates to development in a National Park or in an area designated under section 82 of the Countryside and Rights of Way Act 2000 as an area of outstanding natural beauty.

4 In this section “ affordable housing ” means new dwellings in England that—

a are to be made available for people whose needs are not adequately served by the commercial housing market, or b are starter homes within the meaning of Chapter 1 of Part 1 of the Housing and Planning Act 2016 (see section 2 of that Act). 5 “New dwelling” here means a building or part of a building that—

a has been constructed for use as a dwelling and has not previously been occupied, or b has been adapted for use as a dwelling and has not been occupied since its adaptation.

6 The Secretary of State may by regulations amend this section so as to modify the definition of “affordable housing”.