The EU Procurement Regime and s106 Agreements Providing for Affordable Housing

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.