England CPO and NPS rules change 18 Feb 2026
England’s planning rulebook shifts next month. Commencement Regulations signed by Minister of State Matthew Pennycook at 2.20pm on 18 December 2025 trigger changes from 18 February 2026, speeding parts of compulsory purchase, setting a five‑year review cycle for National Policy Statements, and expanding development corporation powers. For utilities, housing promoters and investors, delivery timetables and risk models now need a refresh.
According to the government’s Commencement No. 9 (Levelling‑up and Regeneration Act 2023) and Commencement No. 1 (Planning and Infrastructure Act 2025), some enabling powers began the day after they were made, allowing detailed regulations to be prepared. The main operational shift is scheduled for 18 February 2026, with Natural England’s annual reporting duty starting on 1 April 2026.
Compulsory purchase is the immediate business story. Sections 183 and 184 of the 2023 Act introduce conditional confirmation, letting the confirming authority approve a CPO subject to conditions before powers are exercised. The change applies to orders not handled by the Welsh Ministers and to drafts prepared by acquiring authorities other than the Welsh Ministers, giving promoters a way to keep programmes moving while residual issues are closed out.
Two further updates reshape general vesting declarations. Section 108 of the 2025 Act enables earlier vesting where land is unoccupied or where interests cannot be identified, while section 109 allows vesting to be brought forward by agreement. In practical terms, promoters can compress the period between confirmation and taking title-especially useful for linear infrastructure and multi‑parcel assemblies.
The paperwork is slimmed down as well. Section 106 simplifies what must be set out in newspaper notices during the CPO process. Expect shorter adverts, fewer challenges on technical descriptions and, for councils and delivery bodies, lower publication costs and a cleaner audit trail.
There are important cut‑offs. The expedited vesting procedures do not apply to acquisitions authorised before they commence, and the conditional‑confirmation amendments do not apply where the notice of making or the first draft‑preparation notice was published before 18 February 2026. Schemes already running under the old rules largely stay there.
For nationally significant infrastructure, policy certainty gets a timetable. From 18 February, sections 1 and 2 require National Policy Statements to be reviewed and updated at least every five years, with an additional parliamentary route for material amendments. Section 13 refines the legal challenge process under the Planning Act 2008, a change promoters will factor into litigation risk profiles.
Development corporations gain a more consistent toolkit. Sections 100 to 103 clarify overlaps in favour of the higher‑tier body, standardise objectives on sustainable development, climate change and good design, and align the list of deliverable infrastructure with Mayoral Development Corporations. For new towns, growth zones and regeneration vehicles, the framework becomes clearer and easier to model.
Natural England moves early under Part 3. From the day after the Regulations were made, it can start preparing Environmental Delivery Plans, setting out environmental features, impacts and conservation measures. Public bodies have a statutory duty to co‑operate, and work on charging schedules for a nature restoration levy can begin, with performance reporting from 1 April 2026.
For developers and utilities, the operational impact is tangible. Land referencing and negotiation strategies should assume shorter vesting timelines once the new GVD routes go live in England. Where sites include unregistered or abandoned plots, programme risk eases, but evidence on occupancy and diligent enquiry will carry more weight when justifying earlier vesting.
Finance teams should revisit cash‑flow profiles. Earlier vesting can bring forward compensation payments and interest accrual, while streamlined notice requirements may trim pre‑construction overheads. Boards relying on an NPS should map their project milestones to the five‑year review cadence to avoid exposure to policy that could soon be refreshed.
The near‑term diary is straightforward. The main switch‑on date is 18 February 2026 for England, followed by Natural England’s first reporting duty on 1 April 2026. Secondary regulations will fill in the mechanics for notices, vesting and levy schedules. Authorities should update templates and guidance now; promoters should reset milestone charts to the new statutory clock.