The EU Procurement Regime and s106 Agreements Providing for Affordable Housing

Accessing papers

If you are logged in as a member or a registered academic, you will see a link to download the paper for FREE. The link is just above the Add to Cart button.

If you wish to purchase the paper, you must be logged in first (click here to log in, or click here to register). You will then see the Add to Cart button. You may also have a choice of preferred format if both are available - PDF download costs £3 inc VAT, printed version costs £7.50 inc postage (no VAT). Choosing one or the other changes the price displayed.

When you are ready to check out, use the 'View basket' link in the top left of the website.

Antonio Rotolo

May 2012

A paper based on the second prize entry in the Hudson Prize essay competition 2011 presented to a meeting of the Society of Construction Law in London on 15th May 2012.

In this paper Antonio Rotolo considers whether an English s106 Agreement providing for affordable housing could be covered by the public procurement rules. He explains that, following decisions of the European Court of Justice, it appears that a public works contract embraces others types of arrangements. The Court has interpreted a public works contract so broadly that a statutory planning agreement could itself be one.

Introduction - The procurement regime - Analysis of the definition of a public works contract - The contractual requirement - Pecuniary interest - Commission v Germany - Section 106 Agreements and the procurement regime - The implications - Conclusion.

The author: Antonio Rotolo BEng, MSc, LLB, MSc(law) is a solicitor at Kent County Council and in 2011 completed the MSc in Construction Law and Dispute Resolution at King's College London, the dissertation for which provided the basis for this paper.

Text 15 pages.

Paper number: 
May 2012, printed/online, 341k

Our papers

The Society has published nearly 400 papers since 1984. Some are published both in hard copy and electronically (numbered), others in electronic format only (number prefixed 'D'). The hard copy papers can be purchased (except those marked with an asterisk which are no longer available). They are all also available as PDF files to download.

Those available as downloads can be accessed free by members and registered academics (students and staff) - if logged in, they will see a link to the file just above the Add to Cart button on each paper's page. Others can purchase the PDF file for a cost of £3.00. Note that this sum includes VAT, since VAT is chargeable on digital files.

For further instructions on downloading, click here. The PDF file will only open on your computer if you have Adobe Acrobat installed (to obtain a free copy, click here). To save the paper to your computer, choose the 'save' icon on the Acrobat toolbar before opening the paper.

For personal use only

The papers on this website are for use by SCL members (and those who pay for them) only, and papers may be downloaded, printed and/or otherwise retained for that purpose only by members of the SCL (and those who purchase them).  The availability of all papers past and present represents a significant benefit to members of SCL and wider dissemination of SCL papers dilutes that to the detriment of the membership.  Further and more importantly, copyright in the papers belongs jointly to the writers of the paper and to the SCL, and the SCL is not therefore in a position to provide any wider licence.  Accordingly the SCL asks members and those who purchase papers not to disseminate papers more widely than their licence allows (e.g. by posting them on internal legal resource intranet databases and the like).