Last updated: August 2026
Short answer
Why this update matters
Since the administration of Hodson Developments, the most common worry among residents has been a practical one: will my sale fall through? Solicitors acting for buyers have been asking who is now responsible for delivering the roads, parks and other infrastructure promised under the Section 106 agreement - and whether that liability could land on individual homeowners or their lenders.
The council's August statement answers that question directly for the first time.
What the council actually says
Ashford Borough Council points legal advisers to three clauses in the Section 106 agreement - 2.4, 2.5 and 2.7 - which in effect mean the council can take no action against existing or future private homeowners, or their mortgagees, for breaches of the agreement. Two exceptions apply:
- The correct and complete Rentcharge Deed (RCD1) for the rentcharge payable to the Chilmington Management Organisation must be in place for the property.
- A home required to be occupied as affordable housing must be owned by an approved registered provider of social housing, marketed correctly, and occupied on the right tenure, terms and rent.
Outside those two situations, the council's stated view is that any other alleged or confirmed breach is not for homeowners or lenders to rectify, and so should not stop a sale progressing. The council has published the relevant "release from liability" section of the agreement as a PDF that you can pass straight to your solicitor.
What buyers and sellers should do
- Give your solicitor the clause reference. Point them to clauses 2.4, 2.5 and 2.7, and to the council's published extract, rather than leaving them to work it out from the full agreement.
- Check the RCD1 rentcharge deed exists for the property you are buying. This is the one document the council specifically flags as a homeowner responsibility.
- Ask about the estate rentcharge amount and what the Chilmington Management Organisation currently maintains - see our buying a home guide for the wider checklist.
- Don't assume infrastructure timings. The guidance protects your title; it does not promise when the outstanding roads, parks or the A28 Chart Road scheme will be built.
The wider position
The same council statement repeats that Ashford Borough Council and Kent County Council are taking legal advice on how the administration affects the developer's obligations, and that in January a planning inspector dismissed Hodson's appeal seeking over 100 changes to the agreement, including the attempt to lift the A28 improvement duty. Kent County Council says its priority is ensuring the necessary infrastructure is still delivered and that risk to the public purse is minimised.
Importantly, the council adds a note that the administration does not affect the other developers at Chilmington Green - BDW (Barratt David Wilson) and Jarvis Homes.
Sources
- Ashford Borough Council - Chilmington Green update (published 4 August 2026)
- Ashford Borough Council - Chilmington Green S.106 release from liability extract (PDF)
- Ashford Borough Council - Chilmington Green planning pages
Frequently asked questions
Can I still buy or sell a home at Chilmington Green during the administration?
Ashford Borough Council's 4 August 2026 update says its view is that alleged or confirmed breaches of the Section 106 agreement are not the responsibility of private homeowners or their lenders to put right, and so should not prevent property sales progressing. Your own conveyancer must still advise you on your specific purchase.
Which parts of the Section 106 agreement protect homeowners?
The council points solicitors to clauses 2.4, 2.5 and 2.7 of the Section 106 agreement, which in effect release existing and future private homeowners and their mortgage lenders from liability for breaches - with two exceptions.
What are the exceptions?
First, if the correct and complete Rentcharge Deed (known as RCD1) for the rentcharge payable to the Chilmington Management Organisation is not in place for the property. Second, if a home required to be affordable housing is not owned by an approved registered provider, was not marketed correctly, or is occupied on the wrong tenure or terms.
Does the administration affect Barratt or Jarvis homes?
The council's note states the administration does not affect the other developers involved with the Chilmington Green scheme, BDW (Barratt David Wilson) and Jarvis Homes.
How many Hodson companies are in administration?
The council's 4 August statement refers to Hodson Developments (Ashford) Ltd and five of its associated companies. Earlier reporting in March and April 2026 referred to four associated companies, so the exact count has been described differently at different points.