Statutory Diligence GuideUpdated October 2026Follow on Google★

What Costs Can Be Deducted From an Overage Clawback Formula?

Statutory Source: Standard Commercial Property Conditions (SCPC 3rd Edition) & RICS Practice Guidance

Quick Answer: What Costs Can Be Deducted From an Overage Clawback Formula?

In standard professionally drafted UK overage agreements, allowable deductible costs include: (1) All statutory planning fees paid to the council and Planning Portal, (2) Professional fees (architects, planning consultants, structural engineers, and ecologists), (3) Environmental survey and EIA costs, (4) Statutory infrastructure payments (Community Infrastructure Levy / CIL and Section 106 planning contributions), (5) Site abnormal preparation costs (contamination decontamination, mine shaft capping, and demolition), and (6) Legal and conveyancing disbursements incurred in securing the consent.

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Itemised Statutory Allowable Deductions Checklist

Under standard RICS model clauses, development costs fall into six deductible categories:

• Local Authority Fees: Council planning application fees, pre-application consultation charges, and appeal submission fees.

• Infrastructure Taxes: Community Infrastructure Levy (CIL), Section 106 commuted sums, Section 278 highway agreements, and utility requisition costs.

• Design & Technical Consultancies: Architectural masterplanning, arboricultural tree reports, transport statements, flood risk assessments, and heritage statements.

• Physical Remediation & Abnormals: Asbestos removal, ground compaction, acoustic fencing, archaeological digs, and contaminated soil disposal.

• Legal & Professional Charges: Valuation survey fees, planning counsel opinions, and conveyancing legal costs.

Impact of Allowable Cost Deductions on Overage Clawback Liability
Financial ElementUnfavourable Gross Deed (No Deductions)Balanced Net Deed (Allowable Deductions)
Gross Enhanced Value£1,500,000£1,500,000
Base Threshold Value-£300,000-£300,000
Gross Value Uplift£1,200,000£1,200,000
Planning & Architecture Fees£0 (Not deductible)-£45,000
CIL & Section 106 Levies£0 (Not deductible)-£165,000
Ground Remediation & Ecology£0 (Not deductible)-£90,000
Net Chargeable Uplift£1,200,000£900,000
Clawback Payable (30%)£360,000£270,000 (£90,000 saved)

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Category: Overage Clauses & Clawback Agreements
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Official Statutory Notice & Guidance:

This guide is compiled for informational due diligence referencing official statutory records from Standard Commercial Property Conditions (SCPC 3rd Edition) & RICS Practice Guidance under the Open Government Licence v3.0. Legal titles and physical structural condition should always be independently inspected by a qualified conveyancing solicitor and chartered RICS surveyor prior to legally binding property commitments.