In this edition, we look at some of the forthcoming legislative changes of interest to the UK's real estate sector: the reinvigoration of commonhold, the Renters' Rights Bill, and the proposed ban on upwards-only rent reviews.  We give a brief update on some of the transparency rules regarding the ownership of UK property, highlight some consumer protection rules of interest to the real estate sector and offer a reminder about the new corporate 'failure to prevent fraud' offence.  Finally, we touch on some recent changes to the carried interest rules for real estate executives, and give an overview of the real estate projects that the Law Commission plans to undertake in 2026.

The Commonhold White Paper was published today, 3 March 2025. It contains the Government's proposals for legislating that all new flats, subject to certain unspecified exemptions, will be offered for sale under the commonhold model instead of the current leasehold model.

The much-anticipated updated version of the National Planning Policy Framework ("NPPF") was published on 12 December 2024, following a period of industry-wide consultation. The NPPF sets out the Government's high level, national planning policies and carries particular importance as a 'material consideration' which local planning authorities ("LPAs") must take into account when deciding planning applications.

The Older People’s Housing Taskforce published their long-awaited report entitled 'Our Future Homes: Housing that promotes wellbeing and community for an ageing population' on 26 November 2024. Its intention is to explore how best to support people to live well and longer in an age-friendly home and neighbourhood of their choice.

On 21 November 2024, the Minister of State for Housing and Planning, Matthew Pennycook, issued a written statement setting out the Government's plans for leasehold reform during this Parliament.  As well as passing the regulations needed to implement the Leasehold and Freehold Reform Act 2024 (discussed here), new primary legislation to improve that Act, and strengthening the regulation of property agents, he also announced that the Government intends to make commonhold the default tenure for new-build flats by the end of this Parliament and will also engage on the conversion of existing flats to commonhold.

Leading law firm Travers Smith LLP and McCarthy Stone, the UK’s leading developer and manager of retirement communities have authored a report looking at commonhold and the retirement housing sector.

In this edition, we look at what a Labour Government could mean for investors in and operators of UK infrastructure.  We also provide an update on disclosure rules for corporates, greenwashing rules for funds and a range of other topics, from EV charging, housing and planning through to tax and expiry of PFI/PPP deals. Please get in touch if you'd like to discuss any of the issues discussed below.

As discussed here, this Bill was first mentioned in the King's Speech on 7 November 2023. It has recently completed its report stage in the House of Lords, meaning that its next stage will be its third reading when its provisions will be tidied up.

Since the publication of the Government's 2017 white paper "Fixing our broken housing market", there has been much discussion about the Government's plans to reform the housing market especially by means of modernising the leasehold sector. The King's Speech on 7 November 2023 included further announcements about leasehold reform.

As of 30 June 2023, there are only 184 properties registered as "commonhold" within England and Wales, which is less than 0.01 % of the total number of properties in the same area. This evidences the extent to which the current form of commonhold ownership in the UK is unsuccessful.

The abolishment of ground rent in residential long leases comes as part of a package of Government reforms designed to curtail unfair practices in the leasehold market, which we explored in our previous briefing. From 1 April 2023,[1] this applies to all new leases granted with a term of more than 21 years in the senior living sector, though will not impact existing ones. The changes, brought about by the Leasehold Reform (Ground Rent) Act 2022 (the Act), have necessitated developers, investors and owners of retirement housing reforming their existing leasehold structures, which have typically relied upon ground rent as a way to recoup the enlarged capital costs of constructing enhanced communal spaces within retirement schemes.

Our regular round-up of recent and forthcoming developments in law and practice for in-house counsel.

In amongst the blizzard of press releases and policy documents emanating from the Department of Levelling Up, Housing and Communities since the New Year is a consultation called "Reforming the leasehold and commonhold systems in England and Wales". It is important for the commercial real estate sector because it contains new proposals which could tip the balance in mixed use buildings between residential leaseholders on one hand and freeholders and commercial leaseholders on the other hand.

The Leasehold Reform (Ground Rent) Bill 2021 will prevent landlords in England and Wales from charging ground rents in new leases of residential properties. This is intended to protect tenants from unfair charges, but presents a particular problem in the context of retirement housing.

In July 2017 the Department for Communities and Local Government issued a consultation paper seeking views from the real estate industry on various proposals to deal with public concerns regarding the sale of leasehold houses. Yesterday it responded, announcing that it will legislate to ban the grant of new residential long leases on houses.

Concern has been expressed from several quarters about a perceived lack of transparency, at the point of sale, about the fees and other financial arrangements contained in leases of housing in two segments of our current new-build residential market; specialist retirement accommodation and leasehold houses.

ESG considerations are increasingly a priority for investors, developers, landlords and occupiers.