New UK Sustainability Disclosure Requirements

The consultation sets out proposed rules for the UK’s equivalent to the EU’s Sustainable Finance Disclosure Regulation.

25.01.2023

The FCA released Consultation Paper CP22/20 on the UK Sustainable Disclosure Requirements - Hogan Lovells Engage

Consultation on National Planning Policy Framework (“NPPF”)

The proposed changes in this 15 chapter consultation remove the mandatory requirements for the 300,000-new-homes-a-year target.

Also proposals relating to development on Green Belts, housing need, Local Plans and beauty.

02.03.2023

The government will respond to the consultation at this time and implement the changes at the same time. A further review of the National Planning Policy Framework (NPPF) will be undertaken in due course, once the LURB becomes law. This will look at climate change, infrastructure, slow build-out rates and the proposed national development management policies.

Building Safety Levy

The consultation sets out the government’s proposals for a building safety levy to be imposed on developers of residential buildings by local authorities as part of the building control process.

7.01.2024

Economic Crime and Corporate Transparency Bill

Includes sweeping reform to Companies House, granting Registrar broad investigative and enforcement powers. Also more tools to fight financial crime and prevent misuse of limited partnerships.

Introduced to Parliament on 22.09.2022. Likely to receive Royal Assent in Spring 2023.

Second UK Economic Crime Bill - Hogan Lovells Engage

Economic Crime (Transparency and Enforcement) Act 2022

Introduced a new UK register for overseas entitles which opened at Companies House on 01.08.2022. Overseas entities buying land in the UK have to obtain an overseas entity ID number and provide information about their beneficial owners. Existing overseas owners have a transitional period until 31.01.2023 to get registered on the new Companies House register.

Received Royal Assent on 15.03.2022. Transitional period ends 31.01.2023

UK register of beneficial owners goes live – Hogan Lovells Engage

The clock is ticking: Economic Crime (Transparency and Enforcement) Act 2022 - Hogan Lovells Engage

Building Safety Act

The Building Safety Act 2022 received Royal Assent on 28.04.2022, with its provisions coming into force over the following 18-month period. It introduces specific building control requirements for higher-risk buildings, providing enhanced procedures for building control, strengthened regulatory oversight and rigorous inspection of building regulation compliance before, during and on completion of building work. Developers will need to be familiar with the new stop/go decision points described as “gateways”, introduced by the Act, at which building safety and building regulation compliance is reviewed. The attached articles focus on the proposed regulations for gateways 2 and 3 to take effect in England. Gateway 1 forms part of the planning legislation and came into force in August 2021. We also consider the new Landlord and Leaseholder Certificates, introduced by Schedule 8 of the Act, and the presumptions that apply if landlords fail to get their house in order. As the Building Safety Act imposes new safety duties on building owners and landlords and new liabilities for non-compliance, when landed with a bill for remedial works, landlords must now also look to the restrictions on demands for service charge to cover those costs. Please see attached Engage articles to find out more on all these issues.

Received Royal Assent on 28.04.2022

What you need to know about the UK Building Safety Act – Hogan Lovells Engage

UK Building safety: Gateway consultation open for comment - Hogan Lovells Engage

Fire safety: Landlord and Leaseholder Certificates for residential blocks - Hogan Lovells Engage

UK Building Safety update: Where are we now? Hogan Lovells Engage

Fire Safety (England) Regulations 2022

Impose obligations on the “responsible person” in residential buildings - depending on the height of the building.

For all buildings with at least 2 residential units and communal fire escapes, the responsible person must provide fire safety instructions and details of fire doors to ensure widened.

For buildings over 11 metres, annual checks of flat entrance doors and fire doors are required.

The most onerous obligations are for high-rise buildings (over 18 metres or 7 storeys), for which the responsible person is required to provide the fire service with up to date building plans and keep a copy in a secure information box on site, provide details of the design of the external walls and any risks, carry out monthly checks of firefighting lifts and equipment and install way finding signage for each flat and each floor.

Came into force on 23 January 2023

The Higher Risk Buildings (Key Buildings Information etc.)(England) Regulations 2023

The regulations specify key building information about higher risk buildings which must be provided to the building regulator, in line with s. 89 of the Building Safety Act. They also set out provisions regarding the parts of a higher-risk building the accountable person (as defined by s. 72 of the Building Safety Act) is responsible for in relation to their duties under part 4 of the Building Safety Act, where there are multiple accountable persons.

Consultation carried out between July and October 2022. Laid before Parliament in December 2022 and still awaiting parliamentary approval.

Residential Reform

The Renters Reform Bill is expect in this session of Parliament, which ends in May 2023.

Bill expected Spring 2023

UK private rented sector: white paper published – Hogan Lovells Engage

UK landmark reforms in the private rented sector – Hogan Lovells Engage

Leasehold reform in the UK: The end of residential ground rent is now imminent – Hogan Lovells Engage

Levelling-Up and Regeneration Bill

Please see attached links for concise detail on key aspects of the Levelling-Up and Regeneration Bill (LURB).

Currently at Committee stage in House of Lords

UK Levelling-up and Regeneration Bill – compulsory purchase power and the best of the rest – Hogan Lovells Engage

UK Levelling-up and Regeneration Bill – environmental outcome reports and heritage reforms – Hogan Lovells Engage

UK Levelling-up and Regeneration Bill – when things don't quite go to plan – Hogan Lovells Engage

UK Levelling-up and Regeneration Bill: IL, CIL and our old friend Section 106 – Hogan Lovells Engage

Levelling-up and regenerating the English planning system – planning policy and "material" considerations – Hogan Lovells Engage

Environmental Act 2021

• Introduces a new mandatory 10% Biodiversity Net Gain requirement for new developments. New pre-commencement planning condition – expected to come into effect in November 2023. Schemes will only be approved if the BNG exceeds what was there pre-development.

• Also potential revisions to NPPF regarding demolition vs refurbishment.

• New nutrient neutrality provisions expected to come in in 2023.

Received Royal Assent on 09.09.2021

Biodiversity net gain: future of sales and investment trends – Hogan Lovells Engage

UK: What does nutrient neutrality mean for developers? – Hogan Lovells Engage

MEES- forthcoming changes

MEES – what to be aware of in 2023 and beyond:

• 01.04.2023 – prohibition on continuing to let commercial property with a substandard EPC rating of F or G

• Carbon factors – EPC ratings could be improved without having to undertake any improvement works

• Changes on the horizon

• • 01.04.2027 – minimum EPC rating of C

• • 01.04.2030 – minimum EPC rating of B

• • New “Compliance windows” requiring presentation of valid EPCs for commercial property within the scope of MEES

01.04.2023

The Product Security and Telecommunications Infrastructure Act 2022

The Bill is the first amendment of the Code (which came into force in 2017). It introduces:

• a new duty for operators to consider ADR;

• rights for operators to upgrade and share equipment;

• rights for occupiers in some occupation under a previously expired code agreement to seek a new agreement under part 4 of the Code;

• a new procedure to quickly get Code rights over remote land where a landowner fails to respond to requests for access; and

• and amends the 1954 Act to align the procedures with part 5 of the Code

Received Royal Assent on 6 December 2022.

M&S, Oxford Street

The redevelopment by M&S of its flagship store in London is currently subject to a public enquiry. M&S wants to demolish the existing building and build a new ten floor retail and office space. Those against this plan argue that demolition is inconsistent with net zero targets and that a retrofit of the existing building is the only way forward. It will be interesting to see how this challenge brought on environmental grounds pans out as it will indicate the direction of travel for other similar legal challenges.

Subject to a public enquiry

To demolish or not to demolish, that is the question - Hogan Lovells Engage

Fearn and Others vs The Tate

In the case of Fearn and others (Appellants) v Board of Trustees of the Tate Gallery (Respondent), the Appellants own flats which neighbour the Tate Gallery. At approximately the same time as their flats were being built, an extension to the Tate, known as the Blavatnik Building, was built. The Blavatnik Building is ten storeys high and has a 360-degree viewing platform, which is open to the public. It appears to have been overlooked during planning and construction that the viewing gallery would permit visitors to look into the Appellants’ flats, which are largely constructed of glass. The Tate took steps to reduce the intrusions, but the Appellants brought proceedings seeking an injunction on viewing from part of the viewing gallery on the basis of Article 8 of the ECHR and in common law nuisance. The appeal in this case has been heard by the Supreme Court and we are currently awaiting the judgment- the outcome will be important for future privacy challenges.

Judgment will be handed down on 1 February

Hillside

• Where land has the benefit of two planning permissions, both are valid unless implementation of one makes implementing the other physically impossible.
• Full permissions for multi-unit schemes are unlikely to be severable – material changes will require fresh planning permission or the whole site

Judgment handed down 02.11.2022

UK – a planning review of '22 – Hogan Lovells Engage

Jalla v Shell

Whether ongoing pollution amounts to one actionable nuisance, or a continuing nuisance giving rise to fresh causes of action until remedied.

Being heard in the Supreme Court in the next few weeks.

Manchester Ship Canal v United Utilities

Whether Manchester Ship Canal can bring a private nuisance claim for trespass/nuisance against United Utilities for unauthorised discharges of sewage into the canal.

Being heard in the Supreme Court in the next few weeks.