Compulsory purchase reform: what to expect in 2026
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The year ahead is set to be a significant one for compulsory purchase reform in England and Wales. This follows the enactment of substantial changes at the end of 2025 through the Planning and Infrastructure Act 2025 (“PIA”), which introduced long needed modernisation alongside increased flexibility into the CPO regime.
So, what does this mean for the sector? In short, it marks an important moment. Further reform is expected, and taken together the measures point towards a more streamlined, proportionate and future ready compulsory purchase framework. While the practical impact will depend on commencement, guidance and the extent to which acquiring authorities feel able to deploy the new tools with confidence, the direction of travel is clear: fewer procedural barriers, clearer routes to decision making, and compensation rules that better support the delivery of public interest schemes.
Looking ahead, the Ministry of Housing, Communities and Local Government (“the Government”) has confirmed that its Guidance on the Compulsory Purchase Process, (last updated in January 2025 and applicable to schemes in England) will be revised to reflect the recent legislative changes. We would also anticipate corresponding updates to the CPO policy and guidance applicable to Wales.
The Law Commission’s 2025 review of compulsory purchase law is also expected to lead to further reform, with a final report and draft Bill awaited, with the stated aim of modernising and simplifying the legislative framework, including the introduction of a long awaited consolidated and reformed compensation code.
Before turning to the PIA, it is worth briefly noting the Levelling‑up and Regeneration Act 2023 (Commencement No. 8 and Transitional Provision) Regulations 2025, which came into force on 2 December 2025. These Regulations bring into force a number of targeted provisions designed to modernise compulsory purchase procedure under the Acquisition of Land Act 1981, namely:
The transitional provisions confirm that these amendments do not apply where the relevant statutory notices were published before commencement, ensuring that ongoing processes are not disrupted. However, several practical points are worth highlighting:
The Levelling‑up and Regeneration Act 2023 (Commencement No. 9) and Planning and Infrastructure Act 2025 (Commencement No. 1 and Transitional Provisions) Regulations 2025, made on 18 December 2025, should also be read alongside the PIA. These Regulations establish commencement dates for a range of provisions in the PIA, with many compulsory purchase reforms due to take effect on 18 February 2026, subject to transitional arrangements. In particular:
Although the PIA received Royal Assent on 18 December 2025, the compulsory purchase reforms do not take effect all at once. The table below provides a quick reference point, identifying the provisions relevant to CPO and corresponding date each is expected to come into force. Part 5 (sections 105–114) contains the core CPO provisions, with additional relevant reforms included in Part 1 (section 35) and Part 3 (sections 89 and 90).
As at 2 February 2026, most CPO‑related reforms are either partially in force or due to commence on 18 February 2026. A notable exception is the long‑awaited introduction of general temporary possession powers, with section 112 linked to the commencement of section 18 of the Neighbourhood Planning Act 2017. No timetable has yet been confirmed, resulting in ongoing uncertainty and additional cost for schemes. This is particularly disappointing given that these powers have been anticipated for almost a decade and are needed to ensure consistency with other compulsory acquisition regimes. On a positive note, temporary possession powers for Highways Act schemes now have a confirmed commencement date of 18 February 2026, which is a positive step and could indicate a prioritisation in that area.
The Government’s consultation on Compulsory Purchase Process and Compensation Reforms acknowledged the importance of commencing temporary possession reform. However, in its response of 19 September 2025, it was confirmed that commencement is dependent on the publication of regulations dealing with reinstatement following temporary possession, alongside guidance on use of the powers and compensation assessment. Therefore, further detail is still required.
| Section of PIB | Amendment and summary | Date expected to come into force |
| Part 5, S105 | Electronic service etc. Electronic service of notices permitted where recipients agree, providing more widespread coverage | 18 February 2026 |
| s106 | Required content of newspaper notices Simplification of land descriptions, resulting in more streamlined notices | 19 December 2025 (for the purpose of making regulations) Not yet in force otherwise Due 18 February 2026 subject to transitional provisions |
| s107 | Confirmation by acquiring authority: orders with modifications Enables an acquiring authority to confirm its own CPO with modification(s), provided it does not affect a person’s interest in land, or if it does, the affected person gives their consent to the modification(s) being made | 18 February 2026 |
| s108 | General vesting declarations: expedited procedure Reduces time down from three months to six weeks – aimed at speeding up delivery if land is either unoccupied, unfit for ordinary use or no person with an identifiable interest can be found | 19 December 2025 (for the purpose of making regulations) Not yet in force otherwise 18 February 2026 in relation to England |
| s109 | General vesting declarations: advancement of vesting by agreement Where agreement is obtained from the owner of any interest which is to vest | 19 December 2025 (for the purpose of making regulations) Not yet in force otherwise 18 February 2026 in relation to England |
| s110 | Adjustment of basic and occupier’s loss payments Changes introduced in favour of occupiers | 18 February 2026 |
| s111 | Home loss payments: exclusions Excluding home loss payments compensation where certain statutory enforcement notices/orders have not been complied with | 18 February 2026 |
| s112 | Temporary possession of land in connection with compulsory purchase Creates a general statutory power for temporary possession of land, excepting existing Acts and regimes where such powers apply i.e. for DCO, TWAO or Wales Infrastructure schemes | Date to be appointed (At the same time as section 18 of the Neighbourhood Planning Act 2017) Commencement date awaited, with no confirmed timetable |
| s113 | Amendments relating to section 14A of the Land Compensation Act 1961 Extends direction to disregard hope value to parish and community councils promoting CPOs | For subsections (1), (2) and (5) to (9) on 18 February 2026 For subsections (3) and (4) as follows: 19 December 2025 (for the purpose of making regulations) Not yet in force otherwise 18 February 2026 in relation to England |
| s114 | New powers to appoint an inspector In place of a confirming authority | 18 February 2026 |
| Part 1, s35 | Compulsory acquisition powers to include taking of temporary possession Introduced in respect of schemes under the Highways Act 1980 | 18 February 2026 |
| Part 3, S89 | Compulsory purchase powers: Natural England Grants power to acquire land and rights compulsorily, subject to Secretary of State authorisation, for conservation measures | 18 February 2026 |
| Part 3, S90 | Compulsory purchase powers: Secretary of State Allows for compulsory acquisition for remedial action purposes | 18 February 2026 |
For developers, promoters and local authorities, now is the time to:
The combined effect of the newly commenced LURA provisions and the PIA reforms represents a positive step towards a more streamlined and effective compulsory purchase regime. However, further guidance and consolidation will be critical, with additional reform expected through 2026 and beyond.
Our Planning and Compulsory Purchase team at Burges Salmon has extensive experience advising on both CPO promotion and compensation. If you would like to discuss how these reforms may affect a current or proposed CPO, please contact Gary Soloman or Liz Paraskeva.
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