Section 106 clearing service moves to MHCLG

The Section 106 clearing service for unsold affordable homes has transferred from Homes England to the Ministry of Housing, Communities and Local Government (MHCLG). Government guidance updated on 9th October 2026 confirms the operational change and a new requirement for existing users to reverify their details before continuing to use the service.

The online service brings together housebuilders seeking buyers for affordable homes delivered through planning obligations and the registered providers and local authorities that may acquire them. Its coverage is across England, including London, which was added in January 2026. The transfer is important for parties struggling to contract Section 106 units, but it does not alter the affordable housing obligations attached to an individual planning permission.

For developers, housing associations and council housing teams, the immediate action is administrative but consequential: users who already have access need to follow the government’s reverification instructions, while new applicants must satisfy identity and organisational eligibility checks. The service remains a matching and visibility tool, not a substitute for negotiating delivery, tenure, price and compliance with a Section 106 agreement.

Section 106 clearing service: what changed on 9th October

MHCLG confirmed on 9th October 2026 that it had assumed responsibility for operating the Section 106 Affordable Housing Clearing Service from Homes England. The government’s collection and registration guidance were both updated on that date. The underlying scheme is not new: the guidance was first published on 12th December 2024, and its geographical remit was extended to London on 28th January 2026.

The distinction matters. It would be misleading to describe the transfer as the introduction of a new statutory affordable housing requirement or a fresh obligation on developers to register. The immediate changes are to administration, verification and the ministry running the service. MHCLG says the service will continue to be developed and refined in response to feedback from users.

Existing accounts do not simply remain active without action. The official guidance says existing users must reverify their details to continue. An email should be sent to the address already registered with the scheme; users who have not received it are directed to the service’s government helpdesk. Developers and registered providers with active transactions should check that their authorised colleagues have received the instructions.

Which homes and organisations are covered?

The clearing service is aimed at affordable homes that a housebuilder already has planning permission to provide alongside private market housing, but for which it has been unable to find a buyer. The government describes these as uncontracted and unsold Section 106 affordable homes. Housebuilders can submit availability details, delivery dates and contact information for individual sites.

Registered providers of social housing and local authorities can then access a searchable list of the opportunities submitted by housebuilders. The platform is intended to improve visibility of available stock and provide a means for potential buyers and sellers to make contact. Its existence does not guarantee that a registered provider will be able or willing to acquire a particular scheme.

Eligible applicants are limited to housebuilders, registered providers and local authorities. The ministry and Homes England retain access themselves. Under the published access rules, registered providers and councils can view and search all submitted housing opportunities, while individual builders can edit only their own entries.

The Greater London Authority has access to entries relating to London sites only. That reflects London’s inclusion within the service since January 2026. None of those access arrangements should be read as creating a general public portal of available affordable homes or a database through which members of the public apply for social housing.

Registration and proof of eligibility

A new organisation must demonstrate that its representative belongs to a qualifying housebuilder, registered provider or local authority. The registration process requires an individual work email address associated with that organisation, rather than a generic personal mailbox. Additional identifiers may be required where applicable, including Companies House and VAT numbers, the Regulator of Social Housing number, or an official local authority code.

Up to five named users can be nominated to access the system. Their names, job titles, email addresses and telephone numbers are requested. The online registration form is hosted using Microsoft Forms, with MHCLG checking the submissions before approving access. Approval is not automatic; officials may ask for more information or discuss a refusal.

Successful housebuilder applicants receive a link to an organisation-specific SharePoint spreadsheet in which details of available Section 106 homes can be entered and maintained. Registered providers and local authorities receive access to a SharePoint list through which they can filter opportunities and see the site contact information supplied by builders.

The service is therefore operationally simple but dependent on accurate and current inputs. A builder should not assume that an obsolete completion date, incorrect tenure description or missing contact will be resolved by the platform. The government expressly says it does not endorse or take responsibility for the data entered by participating organisations.

Why stalled Section 106 sales matter to developments

Affordable housing obligations are frequently secured by legal agreements under section 106 of the Town and Country Planning Act 1990. Such agreements can specify the proportion and tenure of affordable homes, delivery timing, occupation restrictions, transfers and other mechanisms relevant to securing the intended public benefit.

Many schemes anticipate transfer of completed or planned affordable units to a registered provider. Difficulty securing a provider can affect phasing, cashflow, occupation and the delivery of obligations, depending on the wording of the agreement. A matching service could improve visibility of units that otherwise remain difficult to place, especially when several parties in a local market are not already in direct contact.

However, registering a development does not change a planning obligation. If an agreement stipulates a particular tenure, cascade process, nomination right, transfer price or occupation trigger, those requirements still need to be assessed against the proposed transaction. Nor should a listing be taken as proof that a local planning authority has agreed to a departure from the signed obligations.

Planning Geek’s affordable housing planning guide sets out the wider planning context for affordable housing obligations. The separate guide to modifying older Section 106 agreements considers routes for altering legal obligations where a genuine change, rather than better marketing, is needed.

Can a clearing service cure an unviable affordable housing package?

Not by itself. The platform can expose potential purchase opportunities, but it has no stated role as a decision-maker on viability, planning policy or the modification of a legal agreement. A lack of bids may reflect tenure, design, management cost, location, pricing, grant constraints, timescale or market conditions. Each requires different evidence and, sometimes, a different contractual or planning response.

For a development already under construction, practitioners should start by checking the precise Section 106 wording, the status of any nomination or cascade provisions, correspondence with registered providers, expected completion dates and the requirements for occupation of market housing. Listing the units may be useful evidence of market engagement, but its evidential weight depends on the steps actually taken and the response received.

For local authorities, the portal can offer a broader view of available opportunities, including developments beyond a single developer’s traditional contacts. That may support engagement with housing teams, but any proposed purchase must still fit local needs, funding, legal requirements and the authority’s acquisition processes. This is not a government promise to fund purchases.

Data sharing and limits on reliance

The government says that, by registering and submitting information, participants consent to the permitted sharing of information with other authenticated organisations. Housebuilders see only their submitted opportunities, registered providers and councils can search submissions from all builders, and MHCLG and Homes England can view all eligible entries. The Greater London Authority’s access is confined to London.

Information about identifiable users is covered by a separate government privacy notice, also published on 9th October. Organisations should ensure their nominated users are appropriate and that site-level details are accurate before sharing them. Where pricing, commercial negotiations or personal contact details are involved, normal governance and data protection practices remain relevant.

The registration guidance cautions that the information provided by users is intended to facilitate engagement, not provide professional advice or a government endorsement of a particular opportunity. A developer, provider or council remains responsible for independently verifying the commercial and legal position before entering into a transaction.

What practitioners should do now

Existing service users should find the reverification email and complete the requested checks. New users should confirm organisational eligibility, nominate suitable staff and prepare the identifiers required by MHCLG. Housebuilders with uncontracted homes should assemble accurate details of unit numbers, proposed tenures, anticipated delivery dates and a reliable site contact before preparing entries.

The ministry’s Section 106 Affordable Housing Clearing Service collection explains the transfer and access arrangements. The registration guidance sets out eligibility, required information and how accounts operate. Enquiries and missing reverification emails can be directed to the service team using the address published on those official pages.

The practical significance of the 9th October change is continuity of access and the transfer of administration to MHCLG, not a rewrite of Section 106 law. For England’s affordable housing pipeline, the test of success will be whether accurate listings lead to more agreements and completed affordable homes without confusion about existing planning obligations.