How the Latest Planning and Infrastructure Bill Could Impact Property Buyers and Sellers
On 13 October, the Government announced several amendments to the Planning and Infrastructure Bill, designed to accelerate development and streamline decision-making. The Bill has now passed through the House of Commons and the committee stage in the House of Lords, with further hearings scheduled for 20, 22, 27 and 29 October. Royal Assent is expected later this year but even in draft form, these proposals could have a meaningful effect on property transactions.
Below, I explore what these potential changes could mean for clients looking to buy or sell property.
Faster planning decisions and fewer delays
One of the key goals of the Bill is to speed up the planning process. Under the new proposals:
- The Planning Inspectorate will have more flexibility to request minor changes to planning applications, rather than rejecting them outright.
- “Holding directions” could temporarily prevent local councils from rejecting applications while ministers decide whether to “call in” a proposal.
What this means for buyers and sellers:
If you are purchasing a new-build home or selling land with development potential, these measures could help reduce the risk of long delays in planning determinations. Projects that previously might have stalled could move forward faster improving certainty for all parties.
Stronger environmental and climate protections
The amendments include new duties for local authorities and the Secretary of State to consider climate change adaptation and mitigation in all planning decisions. There’s also new protection for Ramsar sites (wetlands of international importance) and updates to the Habitats Regulations.
What this means for buyers:
Environmental considerations could play a greater role in planning approvals, potentially influencing where and how developments are approved. Buyers should expect more sustainable design and construction standards, particularly for homes near protected or flood-prone areas.
For sellers:
If your property lies near environmentally sensitive land, planning restrictions might tighten, affecting the type of development permitted.
Greater focus on housing affordability
Earlier amendments to the Bill aim to strengthen delivery of affordable housing, ensuring at least 20% of homes are for social rent where planning consent includes affordable housing obligations.
Impact on buyers:
This could expand access to affordable housing, especially for first-time buyers. Local plans may also prioritise mixed-tenure developments, increasing the diversity of housing stock.
Impact on sellers and developers:
Developers selling land for residential schemes may face revised viability assessments or additional obligations to ensure affordable units are actually delivered — not just promised.
Legal and judicial review changes
The Bill introduces stricter limits on appeals and extends the time limits for planning permissions in the event of legal challenges. “Stop-the-clock” provisions will prevent developers from losing permissions while judicial reviews are pending.
What this means for clients:
For large developments, this creates greater legal certainty an important reassurance for buyers investing in off-plan properties and for landowners selling sites under conditional contracts.
Reforms to water, flood, and infrastructure rules
Significant changes are proposed around flood management and drainage, including the implementation of Schedule 3 of the Flood and Water Management Act 2010, which would end the automatic right to connect surface water to public sewers. A new framework for sustainable drainage systems would take its place.
For property buyers:
These changes could mean better flood resilience in new housing developments, but possibly higher upfront infrastructure costs for developers, which may be reflected in property prices.
For sellers:
Land transactions involving sites with drainage issues could face greater scrutiny but the long-term effect may be a more robust and sustainable housing market.
What happens next
The Bill will return to the House of Lords for its Report Stage later this month, followed by a third reading and then royal assent, expected later in the year. While the proposals may still evolve, it’s clear that the Government is seeking to modernise and expedite the planning system balancing speed of delivery with environmental responsibility and housing needs.
For buyers and sellers, these reforms could usher in a new era of planning certainty and accountability. Faster decisions, stronger environmental duties, and improved delivery of affordable homes are all positive signs though how these changes play out in practice will depend on the final wording of the legislation and subsequent regulations.
If you are considering buying or selling property particularly land or new developments it’s wise to seek early professional advice. Understanding how these reforms might affect your transaction can help you plan strategically and make the most of opportunities arising from a changing planning landscape.
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