If you are buying, selling or developing land that is subject to a planning obligation made before 1991, there is a good chance you will encounter a Section 52 agreement. Although these agreements were replaced by the Section 106 framework over 30 years ago, many remain active and legally enforceable today — and they can have a direct impact on property transactions.
In this guide, we explain what a Section 52 agreement is, how it differs from a Section 106 agreement, why accurate plans matter when dealing with one, and how Towers Richardson can help you navigate the process.
Why trust this guide? Towers Richardson has prepared Land Registry-compliant plans since 1994, working with solicitors, developers and local authorities on properties subject to both Section 52 and Section 106 agreements. We maintain a 100% HM Land Registry acceptance rate on every plan we produce.
What Is a Section 52 Agreement?
A Section 52 agreement is a legally binding obligation made under Section 52 of the Town and Country Planning Act 1971. It allowed local planning authorities to enter into formal agreements with landowners and developers, setting out specific conditions that had to be met as part of a planning permission.
In practice, these agreements gave councils the ability to secure commitments that went beyond the standard conditions attached to a planning consent. For example, a Section 52 agreement might require a developer to build affordable housing, maintain open space, restrict the use of certain land, or make financial contributions towards local infrastructure.
The Town and Country Planning Act 1971 was eventually replaced by the Planning and Compensation Act 1991, which introduced the Section 106 agreement as the new mechanism for planning obligations. However, the 1991 Act did not automatically cancel existing Section 52 agreements — many of them remain in force today.
Key point: A Section 52 agreement runs with the land, not with the original parties. This means that if you buy property subject to a Section 52 agreement, you inherit the obligations — even if the agreement was made decades ago.
What Did a Section 52 Agreement Typically Include?
Every Section 52 agreement was different, but they commonly covered one or more of the following obligations:
- Restrictions on land use — limiting how specific areas of a site could be used, such as preventing commercial development on certain parcels
- Infrastructure contributions — requiring financial payments towards roads, schools, drainage or other local services
- Provision of public open space — setting aside areas of a development for communal use, with obligations around maintenance and upkeep
- Landscaping and conservation requirements — specifying tree planting, ecological mitigation or the preservation of particular features
- Affordable housing obligations — requiring a percentage of new homes to be offered at below-market rates
- Access and rights of way — securing public footpaths, cycle routes or vehicular access across the development land
These obligations were typically accompanied by a plan attached to the agreement, showing the areas of land to which each obligation applied. Over time, those original plans may have become faded, unclear or difficult to reconcile with the current state of the land — which is where problems often arise.
Are Section 52 Agreements Still Active?
Yes. Many Section 52 agreements remain legally enforceable today. The introduction of Section 106 in 1991 did not automatically revoke or replace existing Section 52 agreements. Unless a Section 52 agreement has been formally discharged, varied or superseded by a new Section 106 agreement, its terms continue to bind the land and any subsequent owners.
In practice, this means that properties developed in the 1970s and 1980s may still carry obligations that affect how the land can be used, transferred or developed further. Solicitors conducting due diligence on a property transaction should always check whether a Section 52 agreement is registered against the title.
How to Find Out if a Section 52 Agreement Applies
A Section 52 agreement will normally appear on the Charges Register of the property’s title at HM Land Registry. Your solicitor can identify it by ordering official copies of the title register and any associated documents. The agreement itself — including any plans attached to it — can usually be obtained from HMLR or from the local planning authority’s records.
Section 52 vs Section 106 — What Changed?
The transition from Section 52 to Section 106 was introduced by the Planning and Compensation Act 1991. While both mechanisms serve a similar purpose — securing planning obligations from developers — there are some important differences.
Under Section 52, agreements could only be made between the local authority and the landowner. Section 106 broadened the scope, allowing developers to enter into unilateral undertakings — obligations that the developer could offer voluntarily without needing the council to be a party to the agreement.
Section 106 also introduced clearer provisions for modifying or discharging planning obligations after a specified period, typically five years. Under Section 52, there was no equivalent statutory mechanism, which is one reason why some older agreements have persisted for decades without being updated.
For anyone dealing with a pre-1991 development, it is important to understand that a Section 52 agreement is not simply an outdated version of a Section 106. It is a separate legal instrument with its own terms, and it requires careful handling — particularly when plans and documentation are involved.
Dealing With a Section 52 Agreement?
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Get a Free QuoteHow a Section 52 Agreement Affects Property Transactions
If you are buying or selling property that is subject to a Section 52 agreement, the agreement will affect the transaction in several ways.
During the Conveyancing Process
Your solicitor will need to review the full terms of the agreement to understand what obligations run with the land. This includes identifying any restrictions on use, maintenance obligations, financial contributions that may still be outstanding, and any areas of land that are subject to specific requirements such as public access or open space provision.
When Transferring Part of the Land
If you are selling or transferring part of a site that is subject to a Section 52 agreement, the transfer plan must clearly show which areas of land carry which obligations. This is particularly relevant for older development sites where the original agreement covered a large area that has since been divided into multiple parcels.
When Seeking to Vary or Discharge the Agreement
In some cases, it may be possible to apply to the local authority to vary or discharge a Section 52 agreement — for example, if circumstances have changed significantly since it was made. Any application to modify the agreement will typically need to be supported by clear, accurate plans showing the land affected.
When Developing or Redeveloping the Site
If you are planning further development on land subject to a Section 52 agreement, you need to understand how the existing obligations interact with any new planning permission. In some cases, a new Section 106 agreement may be negotiated to replace or supplement the original Section 52 terms.
Why Accurate Plans Matter for Section 52 Agreements
Accurate, compliant plans play a central role whenever a Section 52 agreement is involved in a property transaction. There are several reasons why getting the plans right is essential.
Identifying the Agreement Land
The original plan attached to a Section 52 agreement may be decades old. Over time, paper plans can fade, boundaries can become unclear, and the physical landscape may have changed significantly since the agreement was made. A fresh, professionally prepared plan based on current Ordnance Survey data can clearly identify the land affected by the agreement in its present context.
Supporting Transfer and Registration
When transferring land that is subject to a Section 52 agreement, the plan accompanying the transfer deed must comply with HM Land Registry’s requirements under Practice Guide 40. This means it must be based on the OS map, drawn to a stated metric scale, include a north point, and show clear boundary edging with sufficient surrounding detail.
Resolving Boundary Disputes
Section 52 agreements on older developments can sometimes lead to disputes about exactly which areas of land are subject to which obligations. A precise, up-to-date plan helps resolve these disputes by providing clarity that the original documentation may lack.
Supporting Applications to Vary or Discharge
If you are applying to modify or discharge a Section 52 agreement, you will need to provide plans that clearly show the land in question. Both the local authority and HM Land Registry will expect these plans to meet current professional standards.
Common Issues When Dealing With Section 52 Agreements
After decades of working with properties subject to planning obligations, we regularly see the following issues arise:
- Faded or illegible original plans — plans attached to Section 52 agreements from the 1970s and 1980s are often barely readable, making it difficult to determine the exact boundaries
- Plans that do not match the current state of the land — the development may have changed significantly since the agreement was made, with new buildings, roads or boundaries that are not reflected on the original plan
- Ambiguous boundary descriptions — the agreement may describe areas of land in vague terms that are open to interpretation without a clear plan
- Obligations that overlap with newer agreements — where a Section 106 agreement has been made on the same land, it can be unclear which obligations still apply under the original Section 52
- Missing or incomplete documentation — local authority records from the 1970s and 1980s are not always complete, and obtaining copies of original agreements and plans can take time
- Transfer plans that fail to reflect the agreement boundaries — when selling part of a site, the transfer plan must align with both the title boundaries and the areas identified in the Section 52 agreement
In each of these situations, a professionally prepared plan based on current OS data helps bring clarity to what can otherwise become a complicated and time-consuming process.
How Towers Richardson Can Help
At Towers Richardson, we work with solicitors, developers, local authorities and landowners to prepare Land Registry-compliant plans for properties subject to Section 52 agreements. Our experience covers everything from straightforward title plans to complex multi-parcel development sites with overlapping planning obligations.
Here is what we offer:
- Title plans — clearly showing ownership boundaries and any areas subject to the Section 52 agreement, prepared to HMLR standards
- Transfer plans — for selling or transferring parts of a site, with clear distinction between the land being transferred and the retained land
- Site plans for applications — supporting applications to vary, discharge or replace a Section 52 agreement
- 100% HMLR acceptance rate — every plan we produce is checked against Practice Guide 40 before delivery
- Licensed Ordnance Survey data — we work with current OS MasterMap data to ensure accuracy
- Fast turnaround — most plans delivered within 24 to 48 hours, with same-day options available
- Nationwide coverage — we serve clients across England and Wales from our base in South Yorkshire
Whether you need a single plan for a conveyancing transaction or a suite of plans for a complex development site, we have the expertise to deliver.
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Request Your Free QuoteFrequently Asked Questions
What is a Section 52 agreement?
A Section 52 agreement is a legally binding planning obligation made under Section 52 of the Town and Country Planning Act 1971. It allowed local authorities to secure commitments from developers and landowners as a condition of planning permission, covering matters such as land use restrictions, infrastructure contributions and open space provision.
Are Section 52 agreements still enforceable?
Yes. Unless a Section 52 agreement has been formally discharged, varied or replaced by a Section 106 agreement, its terms remain legally binding. The introduction of Section 106 in 1991 did not automatically cancel existing Section 52 agreements.
What is the difference between Section 52 and Section 106?
Both are mechanisms for securing planning obligations, but Section 52 was introduced under the 1971 Act and Section 106 replaced it under the 1991 Act. Section 106 broadened the scope to allow unilateral undertakings and introduced clearer provisions for modifying or discharging obligations.
How do I find out if my property has a Section 52 agreement?
A Section 52 agreement will normally appear on the Charges Register of the property’s title at HM Land Registry. Your solicitor can check this by ordering official copies of the title. The agreement and any attached plans can usually be obtained from HMLR or from the local planning authority.
Can a Section 52 agreement be removed or changed?
In some cases, yes. You can apply to the local planning authority to vary or discharge a Section 52 agreement if circumstances have changed. Alternatively, a new Section 106 agreement may be negotiated to replace the original terms. Legal advice is recommended before pursuing either route.
Do I need a plan for a property with a Section 52 agreement?
If you are buying, selling or transferring land that is subject to a Section 52 agreement, you will need a Land Registry-compliant plan that meets the requirements of Practice Guide 40. This is essential for registering the transaction with HMLR.
How much does a plan cost for a Section 52 property?
Plans start from £115 for standard title plans and transfer plans. Complex sites with multiple parcels are priced on a project basis. We provide fixed-price quotes upfront — contact us for a personalised quote.
Need Help With a Section 52 Agreement Property?
Towers Richardson has been preparing Land Registry-compliant plans since 1994. Whether you need a title plan for a conveyancing transaction, a transfer plan for a partial sale, or supporting plans for an application to vary a planning obligation, we can help you get it right first time.
Every plan is prepared using licensed Ordnance Survey data, professional CAD software, and checked against Practice Guide 40 requirements before delivery. We work with solicitors, developers, local authorities and landowners across England and Wales.
For more information about the original legislation, see Section 52 of the Town and Country Planning Act 1971 on the legislation website.
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