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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.

Guidance and further reform ahead

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.

LURA updates

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:

  • Section 181 (online publicity): making it mandatory for CPO documents to be published on a website, formalising established good practice and improving accessibility and transparency;
  • Section 183(4) (conditional confirmation): giving effect to elements of Schedule 18 by enabling confirming authorities to attach conditions to confirmation where appropriate;
  • Section 184 and Schedule 19 (Ministerial purchases): providing corresponding provisions to align processes where compulsory purchase is undertaken by Ministers.

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:

  • Where an order is conditionally confirmed, compulsory purchase powers will not become operative unless and until the confirming authority is satisfied that the relevant conditions have been met. Clear and objective triggers will therefore be necessary if acquiring authorities are to make confident and timely use of this flexibility, with further detail on the procedure for discharging conditions awaited;
  • These Regulations apply to CPOs subject to confirmation by an authority other than the Welsh Ministers, or those prepared in draft by a Minister other than the Welsh Ministers. A concern with this exclusion is that it necessitates separate commencement arrangements, potentially creating inconsistencies between different UK jurisdictions regarding CPO publicity rules;
  • The Regulations only partially commence provisions of LURA, leading to a fragmented application of new rules across different stages of the CPO process based on commencement dates; and
  • Partial commencement of sections requires careful tracking to determine which version of the law applies to a specific Order at any given time (especially given that earlier Regulations linked with LURA have introduced changes to the CPO regime).

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:

  • Regulation 2 brings certain conditional confirmation provisions into force from 18 February 2026, but only in England. Separate commencement will be required for Wales;
  • Regulation 3 brings particular provisions of the PIA into force and specifically for CPO, grants power to make regulations, (in respect of sections 106, 108, 109, and 113(3) and (4)) with effect from 19 December 2025;
  • Regulation 4 confirms commencement of certain CPO notice and general vesting declaration reforms to 18 February 2026 and limits their application to England;
  • Regulation 6 contains transitional provisions to ensure that CPOs already underway are not caught by the new framework.

PIA – when will the CPO reforms take effect?

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.

What should stakeholders be doing now?

For developers, promoters and local authorities, now is the time to:

  • map project pipelines against the new legislative framework;
  • revisit land assembly strategies and valuation assumptions;
  • update templates, reports and internal processes to reflect the changes;
  • ensure robust tracking of website publication and electronic service to reduce procedural risk; and
  • stay alert to further guidance and legislative developments.

Conclusion

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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