The Buckinghamshire Council, Surrey County Council and Warwickshire County Council (Housing and Regeneration Functions) Regulations 2025
These Regulations formally transfer specific housing, regeneration, land acquisition, and financial assistance functions, previously held by the Homes and Communities Agency (HCA) under the Housing and Regeneration Act 2008, to Buckinghamshire Council, Surrey County Council, and Warwickshire County Council, enabling them to exercise these powers concurrently within their respective local government areas to meet local needs for housing, infrastructure, and community well-being.
Arguments For
The devolution of specific housing and regeneration functions to the named county councils allows local authorities to better address the distinct needs of their communities regarding housing supply, quality, and local development.
Granting these powers concurrently with the Homes and Communities Agency (HCA) enables local tailoring of national objectives, potentially improving efficiency and responsiveness in land use and infrastructure projects tailored to spatial plans.
Statutory compliance, including obtaining district council consent for compulsory land acquisition (Regulation 4), ensures a necessary layer of local democratic oversight for significant powers being moved from a national agency to the county level.
Arguments Against
Transferring functions previously held by a national body like the HCA might lead to fragmentation of policy implementation across England, especially concerning housing standards and large-scale regeneration strategy.
Requiring specific consent from district councils for compulsory acquisition by the county councils (Surrey and Warwickshire) may introduce procedural complexities or delays if consensus between tiers of local government is not easily achieved.
Reliance on the framework of the Housing and Regeneration Act 2008, even with modifications, imposes existing legal constraints and definitions onto the new local authority roles, potentially limiting innovative approaches outside those established pathways.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 16(1)(a), (2)(a), (3)(b) and section 17(2)(b) and (c) of the Cities and Local Government Devolution Act 2016 (“the 2016 Act”).
The relevant Secretary of State enacts these Regulations using powers granted under specific sections (16 and 17) of the Cities and Local Government Devolution Act 2016.
In accordance with section 17(1)(a) and (b) of the 2016 Act—
(a) Buckinghamshire Council, Surrey County Council and Warwickshire County Council have consented to the making of these Regulations, and
(b) the Secretary of State considers that the making of these Regulations is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the areas of the local authorities to which these Regulations relate.
The Secretary of State confirms two required prerequisites: the three named county councils agreed to the Regulations, and the Secretary of State believes these changes will positively impact the economic, social, and environmental welfare for residents and workers in those areas.
In accordance with section 17(6) of the 2016 Act, the Secretary of State has laid a report before Parliament explaining the effect of these Regulations and why the Secretary of State considers it appropriate to make these Regulations.
In line with legal requirements, the Secretary of State presented a report to Parliament detailing what the Regulations do and justifying their implementation.
A draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 17(5) of the 2016 Act.
Before final enactment, a draft version of the Regulations received explicit approval through a formal vote in both the House of Commons and the House of Lords.
Citation, commencement and extent
- (1) These Regulations may be cited as the Buckinghamshire Council, Surrey County Council and Warwickshire County Council (Housing and Regeneration Functions) Regulations 2025.
Regulation 1 names the legislation formally as the Buckinghamshire Council, Surrey County Council and Warwickshire County Council (Housing and Regeneration Functions) Regulations 2025.
(2) These Regulations come into force on the day after the day on which they are made.
The Regulations become legally active the day immediately following their official date of being made.
(3) These Regulations extend to England and Wales.
The geographical scope of these Regulations covers both England and Wales.
Interpretation 2. In these Regulations—
“the 2008 Act” means the Housing and Regeneration Act 2008;
Regulation 2 provides definitions for terms used throughout the document, establishing that 'the 2008 Act' refers to the Housing and Regeneration Act 2008.
“the HCA” means the Homes and Communities Agency;
The term 'the HCA' is defined as the Homes and Communities Agency.
“the Local Authorities” mean Buckinghamshire Council, Surrey County Council and Warwickshire County Council;
The collective term 'the Local Authorities' is used to refer specifically to Buckinghamshire Council, Surrey County Council, and Warwickshire County Council.
“local government area” means the area of a county council or a district council;
The phrase 'local government area' defines the geographical boundary overseen by a county council or a district council.
“the respective local government areas” mean—
(a) for Buckinghamshire Council, the local government area of Buckinghamshire,
(b) for Surrey County Council, the local government area of Surrey, and
(c) for Warwickshire County Council, the local government area of Warwickshire.
This clause specifies the precise geographical area to which the powers apply for each named authority: Buckinghamshire for Buckinghamshire Council, Surrey for Surrey County Council, and Warwickshire for Warwickshire County Council.
Conferral of functions on the Local Authorities in relation to the respective local government areas 3. (1) The functions of or relating to the HCA specified in the following provisions of the 2008 Act, as applied by regulation 5, are to be functions of or relating to the Local Authorities that are exercisable in relation to the respective local government areas—
(a) section 5 (powers to provide housing or other land);
(b) section 6 (powers for regeneration, development or effective use of land);
(c) section 7 (powers in relation to infrastructure);
(d) section 8 (powers to deal with land etc.);
(e) section 9 (acquisition of land);
(f) section 10 (restrictions on disposal of land);
(g) section 19 (powers to give financial assistance);
(h) paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc.);
(i) paragraphs 1, 2, 3, 4, 6 (extinguishment or removal powers), 10 (counter-notices) and 20 (notification of proposal to make order) of Schedule 4.
Regulation 3(1) transfers specific powers from the HCA, found in sections and schedules of the 2008 Act, to the three Local Authorities.
These powers cover providing housing/land, regeneration, infrastructure, land dealing, acquisition, disposal restrictions, financial aid, and powers concerning burial grounds and land rights.
(2) The Local Authorities must exercise the functions mentioned in paragraph (1) for the purposes of, or for purposes incidental to, the objectives of—
(a) improving the supply and quality of housing in the respective local government areas,
(b) securing the regeneration or development of land or infrastructure in the respective local government areas,
(c) supporting in other ways the creation, regeneration or development of communities in the respective local government areas or their continued well-being, and
(d) contributing to the achievement of sustainable development and good design in the respective local government areas,
with a view to meeting the needs of people living in the respective local government areas.
The Local Authorities must use these newly acquired functions primarily to improve housing supply and quality, secure regeneration and development of land and infrastructure, support community well-being, and promote sustainable development, all aiming to meet the needs of their local populations.
(3) The functions mentioned in paragraph (1) are exercisable by each Local Authority concurrently with the HCA in relation to the respective local government areas.
The Local Authorities exercise these functions at the same time and alongside the HCA within their own defined geographical areas; the powers are shared, not exclusively transferred.
(4) Each function mentioned in paragraph (1)—
(a) may be exercised separately or together with, or as part of, another function,
(b) does not limit the scope of another function.
A transferred function can be carried out independently or combined with any other function, and performing one function does not restrict the scope of any other function the authority possesses.
(5) In paragraph (2)—
(a) “good design” and “needs” have the meanings given by section 2(2) of the 2008 Act,
(b) “housing”, “infrastructure” and “land” have the meanings given by section 2(3) of the 2008 Act, and
(c) the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.
This sub-regulation clarifies that key terms like 'housing,' 'land,' 'infrastructure,' 'good design,' and 'needs' use the established legal definitions found in section 2 of the 2008 Act, confirming that improving housing also covers increasing the provision of specific types of housing.
Condition on the exercise of functions conferred by regulation 3 4. The exercise of any function conferred on Surrey County Council or Warwickshire County Council by regulation 3 in relation to section 9(2) of the 2008 Act (compulsory acquisition of land) requires the consent of each district council in whose local government area the function is being exercised.
Regulation 4 imposes a specific condition: if Surrey County Council or Warwickshire County Council uses the power under section 9(2) of the 2008 Act (compulsory land acquisition), they must first secure permission from every district council whose area is affected by that acquisition.
Application of the 2008 Act 5. (1) For the purpose of the exercise by the Local Authorities of the functions mentioned in regulation 3, sections 5 to 12 and 19 of, and Schedules 2 to 4 to, the 2008 Act apply in relation to the Local Authorities with the modifications set out in the Schedule.
Regulation 5 states that sections 5 to 12, section 19, and Schedules 2 to 4 of the 2008 Act will apply to the Local Authorities when exercising their new functions, but only as modified according to the details provided in the Schedule.
(2) Section 2(3) of the 2008 Act applies for the purpose of interpreting the applied provisions mentioned in paragraph (1).
Section 2(3) of the 2008 Act is used to define terms ('housing', 'land', 'infrastructure') when interpreting the provisions applied to the Local Authorities in Regulation 5(1).
Schedule Modification of the application of Part 1 of the 2008 Act Part 1 General
- Sections 5 to 12 and 19 of, and Schedules 2 to 4 to, the 2008 Act apply in relation to the Local Authorities as modified in accordance with the following provisions.
The Schedule begins by stating that the listed sections and schedules of the 2008 Act apply to the Local Authorities subject to the modifications detailed in the rest of the Schedule.
- In this Schedule, a reference to a section or to a Schedule is to be read as a reference to a section of, or to a Schedule to, the 2008 Act.
Within the Schedule itself, any mention of a section or Schedule refers back to the corresponding part of the 2008 Act, unless explicitly modified otherwise.
Part 2 Modification of provisions of the 2008 Act in their application to Buckinghamshire Council 3. Sections 5 to 11 and 19, and Schedules 2 to 4 (with the exception of paragraphs 1(2) and 2(2) of Schedule 2), have effect as if for each reference to “the HCA” there were substituted “Buckinghamshire Council”.
Part 2 details modifications specifically for Buckinghamshire Council.
Throughout the relevant sections and schedules of the 2008 Act (excluding two specific subsections in Schedule 2), every instance of 'the HCA' is replaced with 'Buckinghamshire Council'.
- Sections 5, 6, 8, 9 and 10 have effect as if for every reference to “land” there were substituted “land in the area of Buckinghamshire Council”.
For specific sections related to land powers (5, 6, 8, 9, 10), any reference to 'land' is redefined to mean only 'land in the area of Buckinghamshire Council'.
- Part 1 of Schedule 2 (compulsory acquisition of land) has effect as if for each reference to “section 9” there were substituted a reference to “regulation 3 of the Buckinghamshire Council, Surrey County Council and Warwickshire County Council (Housing and Regeneration Functions) Regulations 2025”.
In the part of Schedule 2 dealing with compulsory land acquisition, any mention of 'section 9' is replaced with a reference to Regulation 3 of these specific 2025 Regulations, integrating the function conferral.
Part 3 Modification of provisions of the 2008 Act in their application to Surrey County Council 6. Sections 5 to 11 and 19, and Schedules 2 to 4 (with the exception of paragraphs 1(2) and 2(2) of Schedule 2), have effect as if for each reference to “the HCA” there were substituted “Surrey County Council”.
Part 3 applies the same substitution rule as Part 2 for Surrey County Council: 'the HCA' is replaced by 'Surrey County Council' across the relevant sections and schedules, excluding the two specified subsections in Schedule 2.
- Sections 5, 6, 8, 9 and 10 have effect as if for every reference to “land” there were substituted “land in the area of Surrey County Council”.
Similar to Buckinghamshire, the term 'land' in specific sections is restricted to mean only 'land in the area of Surrey County Council' for the purposes of Surrey's exercise of those powers.
- Part 1 of Schedule 2 (compulsory acquisition of land) has effect as if for each reference to “section 9” there were substituted a reference to “regulation 3 of the Buckinghamshire Council, Surrey County Council and Warwickshire County Council (Housing and Regeneration Functions) Regulations 2025”.
For Surrey County Council's compulsory land acquisition powers under Schedule 2, references to 'section 9' are redirected to Regulation 3 of these 2025 Regulations.
Part 4 Modification of provisions of the 2008 Act in their application to Warwickshire County Council 9. Sections 5 to 11 and 19, and Schedules 2 to 4 (with the exception of paragraphs 1(2) and 2(2) of Schedule 2), have effect as if for each reference to “the HCA” there were substituted “Warwickshire County Council”.
Part 4 mirrors the structure for Warwickshire County Council, substituting 'the HCA' with 'Warwickshire County Council' across the specified sections and schedules, barring the exceptions in Schedule 2.
- Sections 5, 6, 8, 9 and 10 have effect as if for every reference to “land” there were substituted “land in the area of Warwickshire County Council”.
For Warwickshire County Council, the scope of 'land' mentioned in defined sections is restricted to land located within Warwickshire County Council's administrative area.
- Part 1 of Schedule 2 (compulsory acquisition of land) has effect as if for each reference to “section 9” there were substituted a reference to “regulation 3 of the Buckinghamshire Council, Surrey County Council and Warwickshire County Council (Housing and Regeneration Functions) Regulations 2025”.
When Warwickshire County Council exercises compulsory land acquisition powers derived from Schedule 2, references to 'section 9' are replaced by a reference to Regulation 3 of these 2025 Regulations.
Explanatory Note (This note is not part of the Regulations) These Regulations confer the following functions of or relating to the Homes and Communities Agency under the Housing and Regeneration Act 2008 (“the 2008 Act”) on Buckinghamshire Council, Surrey County Council and Warwickshire County Council (“the Local Authorities”)—
powers to provide housing or other land,
powers for regeneration, development or effective use of land,
powers in relation to infrastructure,
powers to deal with land etc.,
acquisition of land,
restrictions on disposal of land,
powers to give financial assistance,
powers in relation to burial grounds and consecrated land etc., and
extinguishment or removal powers (and other related functions).
The accompanying Explanatory Note confirms the primary purpose: transferring specific HCA functions under the 2008 Act to the three Local Authorities.
The listed powers cover land, housing provision, regeneration, infrastructure, financial assistance, and rights over consecrated land.
Regulation 3 provides that the functions are to be exercised by each Local Authority concurrently with the Homes and Communities Agency in relation to their respective local government areas.
The Note emphasizes that the Local Authorities share these functions with the HCA rather than taking them over exclusively, applicable only within their distinct local government areas.
Regulation 4 imposes a condition that, before exercising the function to acquire land compulsorily under section 9(2) of the 2008 Act, Surrey County Council and Warwickshire County Council must obtain the consent of each district council in whose local government area the function is being exercised.
Regulation 4 imposes a check on Surrey and Warwickshire: compulsory land acquisition requires prior consent from any district council operating within the specific locality where the power is being used.
Regulation 5 and the Schedule apply and modify relevant provisions of the 2008 Act for the purpose of the Local Authorities exercising the functions conferred on them under regulation 3.
Regulation 5 and the associated Schedule legally adapt the necessary provisions of the 2008 Act to ensure the Local Authorities can properly use the assigned functions.
A full regulatory impact assessment has not been prepared as these Regulations will have no impact on the costs of the business and voluntary sectors. The impact on the public sector is that conferring functions on the Local Authorities should lead to operational efficiencies that could lead to reduced costs.
No formal regulatory impact assessment was deemed necessary because the changes are expected to have no cost effect on businesses or voluntary organizations.
The public sector is anticipated to benefit from operational efficiencies leading to potential cost reductions.