Planning and Infrastructure Bill 2025 – what are the CPO implications in 2026?
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It has been a landmark year for CPO reform and the pace of change is set to continue in 2026. With the final amendment having been agreed in the House of Lords on 10 December 2025, the Planning and Infrastructure Bill has now completed its passage through Parliament and now awaits Royal assent, with transitional provisions to apply. Baroness Taylor of Stevenage who presented the final motion underlined the backing and enthusiasm for the wide ranging changes.
So, what does this mean for the planning sector? In short, it’s a significant moment, with substantial changes on the horizon. Specifically, focusing on the area of compulsory purchase, there are some exciting changes, as the Bill introduces further modernisations and flexibility, including procedural clarity and efficiencies, as well as amendments to compensation payments.
Before turning to the Bill, it is worth briefly mentioning The Levelling-up and Regeneration Act 2023 (Commencement No. 8 and Transitional Provision) Regulations 2025 which came into effect on 2 December 2025. This brings into force the following targeted Levelling-up and Regeneration Act 2023 (LURA) provisions that modernise procedure for compulsory purchase under the Acquisition of Land Act 1981:
The transitional provision clarifies that these amendments do not apply where necessary statutory public notices were published before the commencement date, ensuring ongoing processes are not legally disrupted. However, it is important to be mindful that:
Not everything changes overnight. The table below provides a quick reference point identifying the provisions and corresponding date each is expected to come into force. Part 5 of the Bill, sections 107-116, contains dedicated provisions focused on reforms to compulsory purchase. Furthermore, there are provisions affecting CPO issues featured at Part 1, section 36 and also Part 3, sections 91 and 92.
Some of these provisions will take effect two months after Royal Assent, while others depend on Commencement Regulations (with guidance and detail to follow). An important exception is the new temporary possession powers, which are tied to the commencement of section 18 of the Neighbourhood Planning Act 2017. Disappointingly, no specific date or timetable has been confirmed, creating ongoing uncertainty and additional costs. This delay is particularly concerning given the measure has long been anticipated to align with other regimes. It is however interesting that temporary possession powers for Highways Act schemes do have a confirmed date, which is a positive step and could indicate a prioritisation in that area.
| Section of PIB | Amendment | Date expected to come into force |
| Part 5 – s107 | Electronic service etc. | 2 months beginning with the day on which this Act is passed |
| s108 | Required content of newspaper notices | Such day as the Secretary of State may by Regulations appoint |
| s109 | Confirmation by acquiring authority: orders with modifications | 2 months beginning with the day on which this Act is passed |
| s110 | General vesting declarations: expedited procedure | Such day as the Secretary of State may by Regulations appoint |
| s111 | General vesting declarations: advancement of vesting by agreement | Such day as the Secretary of State may by Regulations appoint |
| s112 | Adjustment of basic and occupier’s loss payments | 2 months beginning with the day on which this Act is passed |
| s113 | Home loss payments: exclusions | 2 months beginning with the day on which this Act is passed |
| s114 | Temporary possession of land in connection with compulsory purchase | At the same time as s18 of the Neighbourhood Planning Act 2017 – commencement date awaited, with no confirmed timetable |
| s115 | Amendments relating to section 14A of the Land Compensation Act 1961 | For subsections (1), (2) and (5) to (9) – 2 months beginning with the day on which this Act is passed For subsections (3) and (4) – Such day as the Secretary of State may by Regulations appoint |
| s116 | New powers to appoint an inspector | 2 months beginning with the day on which this Act is passed |
| Part 1, s36 | Compulsory acquisition powers to include taking of temporary possession (in respect of schemes under the Highways Act 1980) | 2 months beginning with the day on which this Act is passed |
| Part 3, s91 | Compulsory purchase powers: Natural England | Such day as the Secretary of State may by Regulations appoint |
| Part 3, S92 | Compulsory purchase powers: Secretary of State | Such day as the Secretary of State may by Regulations appoint |
If you are a developer, promoter, or local authority, this is the time to:
On a final note, a reminder that the Scottish Government’s consultation on CPO reform, which launched in September is due to close on 19 December 2025. There are comprehensive changes being suggested to a regime that, in part, is nearly two centuries old and the ultimate ambition is to seek to make the process simpler, more streamlined and fairer for all parties. It is possible that we could see a Compulsory Purchase Bill introduced in Scotland during the course of 2026, but it remains to be seen whether projected timescales will hold, as there are upcoming Parliamentary elections. The current suggestion by Scottish Government is that this would be taken forward in the next parliamentary session, depending on the appetite of the government in power at the time.
Our team has extensive experience advising on both CPO promotion and compensation in England and Scotland. Please reach out to Gary Soloman or Liz Paraskeva for any English queries and Patrick Munro for any Scottish queries.