If you have filed a construction application for the construction of a new property and have been asked to enter into a contract in accordance with Article 75, it is important that you need legal advice as soon as possible. I can help you negotiate favorable terms for the agreement that will facilitate the sale of the property in the future and make the terms more acceptable to your lender. Please contact me at Ross Leatham on 0141 552 3422 or by email at firstname.lastname@example.org It may be essential for the feasibility of a project to understand the impact of the agreements set out in Article 75 and to ensure that they are drafted correctly. Most landowners are pleased that the building permit for their new home or development has been approved in principle. If you are not an experienced developer, it may come as a surprise that the local authority can ask the applicant to enter into an agreement in accordance with Section 75 before issuing the building permit. For example, a developer who applies for approval for the construction of a large lot may be required to enter into an S75 agreement that includes: we have specific expertise in the design of contracts. § 75 Agreements are subject to stricter legal requirements than a standard commercial contract. They must limit or regulate the development or use of land and meet the tests of the Scottish Government Circular. Each planning authority has its own negotiating approach and preferred formulation. When entering into an agreement under section 75, the financial obligations imposed on the landowner can be a costly surprise if they are not taken into account when filing the application for construction. It is also important to note that the agreement is country-bound under Section 75, so the conclusion of such an agreement has important consequences.
Between planning authorities and developers, there will always be differences of opinion on the amount of planning benefits to be paid due to the different objectives of the public and private sectors. The Scottish Government has clarified that planning obligation payments should only be requested if they meet all the policy tests set out in their 2012 Circular, i.e. the commitments are as follows: as with any contract, if you are asked to enter into a Section 75 agreement as part of your construction application, it is important that you speak to your lawyer as often as possible, to navigate the process….