Planning and Infrastructure Act 2025 received royal assent 18 December 2025. However, as wonderful as the early Christmas present was, the vast majority of the provisions did not come into force until 18 February 2026.
Part 5 of the Planning and Infrastructure Act 2025 which includes the core provisions around compulsory purchase orders (CPOs) was amongst those delayed implementations. These reforms have brought in changes to the CPO process and compensation rules that both authorities and developers should be mindful of. We set out below a summary of the provisions, and when they are to take effect.
| S105 |
Deals with electronic service of notices. This allows for email service or notice on a website to be agreed between parties under the Acquisition of Land Act 1981 and Land Compensation Acts 1961 and 1973, providing a much needed push into modern working practices. This provision came into force on 18 February 2026. |
| S106 |
Lowers the bar for identification of the CPO land for newspaper notices allowing for brief overviews and notices. This again represents a move to reflect modern working styles stepping away from cumbersome newspaper requirements. This provision was partially brought into force on 19 December 2025 insofar as it allows for the making of regulations. The remainder came into force on 18 February 2026 for CPOs other than those to be confirmed by the Welsh Ministers. |
| S107 |
Gives acquiring authorities powers to confirm their own CPO with modifications. This applies as long as such modification either removes an interest in the land in its entirety or does not affect interests in land. If part of an interest or an additional interest is added then the confirming authority must be satisfied the interest holder has consented. It's important to note that common land, open space, allotment and statutory undertakers are still excluded. This provision came into force on 18 February 2026. |
| S108 |
Creates a new expedited process for general vesting declarations for specific circumstances where the land is either unoccupied, unfit for its ordinary use, or no person with an identifiable interest can be found. In these circumstances, to avoid unnecessary delay, the timeframe between notice and vesting the land reduces from three months to six weeks. This provision came into force on 19 December 2025 to the extent that it allows for the making of regulations, with the remainder coming into for in England only on 18 February 2026. |
| S109 |
Allows for the acquiring authority to agree a date an interest will vest with the authority with the owner which is earlier than the vesting date. Again this removes unnecessary time delays that merely tick a box where parties are in agreement. This provision came into force on 19 December 2025 to the extent that it allows for the making of regulations, with the remainder coming into for in England only on 18 February 2026. |
| S110 | Updates compensation thresholds for basic loss payments and occupiers loss payments.
This provision came into force on 18 February 2026. |
| S111 |
Removes an owners entitlement to the home loss payment where they have failed to comply with a correctly issued statutory notice. This includes notices requiring proper maintenance of land, improvement of category 1 and 2 hazards and repair notices. As a result owners need to ensure they are responsive to notices so as to avoid loss of compensation. This provision came into force on 18 February 2026. |
| S113 |
Brings acquisitions on behalf of parish or community councils within the remit of section 14 of the Land Compensation Act 1961. This means that when assessing the value of the land it's assumed that no planning permission would be granted, i.e. no ‘hope value’ – being value related to the development potential – is attributed . This is important when as there is no scope to consider an appropriate alternative development so compensation can be significantly limited with this assumption. The status of this provisions is a little convoluted. Sub sections 1, 2 and 5-9 came into force on 18 February 2026. For making regulations, sub sections 3 to 4(b) came into force on 19 December 2025 (in England). |
| S114 |
Allows the confirming authority to appoint an inspector to act on their behalf and perform their functions. This provision came into force on 18 February 2026. |
You will have spotted that there is a notable and disappointing exemption to the above table. Section 112 covers temporary possession of land. This has been a long anticipated tool that was first provided for within the Neighbourhood Planning Act 2017, that is still yet to come into force, with the only exception being schemes under the Highways Act 1980 - see section 35 of the Planning and Infrastructure Act 2025.
Inclusion of temporary possession at section 112 on the face of it shows some eagerness to bring temporary possession in on a wider scale, but it remains disappointing that further secondary legislation will be required for implementation. For further information on temporary possession, read our article here.
The reforms modernise CPO’s and create a more streamline system. Email, website notifications and reducing cumbersome newspaper requirements that have long felt a little outdated will allow parties to more quickly issue notice, reduce risk of procedural error and proceed to the next stage quicker. Furthermore, increased delegated authority to the inspectorate should reduce bottlenecking with the confirming authority.
The allowance for an expedited procedure will mean developments on unused or derelict land are not unduly delayed simply because of a three-month holding period. Whilst in practice, the applicability of this is likely limited due to the broad interpretation of ‘occupied’, which can even include chattels as long as they are of ‘no significant value’, it marks a positive step to appreciating that a one size fits all timeframe does not account for the individualities of each land parcel and scheme.
The reforms are also a step in the right direction of viability. The extension of section 14 of the Land Compensation act and the loss of hope value should mean that more schemes for public benefit will become viable as a lower land value will mean less compensation will need to be paid.
It also provides more certainty as the authority will not need to go through the procedure of assessing appropriate alternative developments and the respective value of each. However, this reform fails to answer questions from when the section was originally enforced as to whether schemes with a commercial element fall within section 14. Given how protracted CPOs often become it may be some time until we see this through the courts.
These reforms come to support the wider significant changes we are seeing in the planning system at the minute. The new draft National Planning Policy Framework calls for mayors and local planning authorities to take a ‘proactive role’ in supporting any compulsory purchase powers needed for community benefit and meeting development needs. This legislative reform will allow authorities to more easily fulfil this policy through a more streamlined system that also allows for delegation and awards community schemes with lower compensation.
For further information, please contact our planning and infrastructure consenting team.
