These Regulations may be cited as the Levelling-up and Regeneration Act 2023 (Commencement No. 9) and Planning and Infrastructure Act 2025 (Commencement No. 1 and Transitional Provisions) Regulations 2025.
The Levelling-up and Regeneration Act 2023 (Commencement No. 9) and Planning and Infrastructure Act 2025 (Commencement No. 1 and Transitional Provisions) Regulations 2025
Published: Mon 29th Dec 25
These Regulations establish the commencement dates for various provisions within the Levelling-up and Regeneration Act 2023 and the Planning and Infrastructure Act 2025, primarily setting 18th February 2026 as the start date for certain compulsory purchase order reforms and several aspects of Development Corporation powers, while bringing forward regulatory powers and provisions related to Environmental Delivery Plans (EDPs) immediately, alongside transitional measures to govern ongoing compulsory purchase procedures.
Arguments For
Accelerates key reforms related to compulsory purchase orders, allowing for conditional confirmation of orders under the 2023 Act from February 2026, streamlining land acquisition processes.
Introduces measures for Environmental Delivery Plans (EDPs) under the 2025 Act immediately, enabling Natural England to prepare for future environmental strategies and monitoring requirements.
Updates procedures for Nationally Significant Infrastructure Projects (NSIPs) by bringing forward provisions for regular NPS reviews and requiring parliamentary scrutiny for material amendments, enhancing democratic oversight of major planning decisions.
Provides clarity and consistency regarding Development Corporations by standardizing their powers over infrastructure and objectives related to sustainable development and climate change, facilitating more effective local regeneration efforts.
Arguments Against
The staggered commencement dates (immediately, Feb 2026, April 2026) create administrative complexity for authorities balancing newly activated rules with ongoing processes, especially concerning compulsory purchase orders requiring transitional rules.
The immediate commencement of provisions permitting regulation-making powers (Regulation 3(1)) might precede the necessary subordinate legislation, leaving bodies uncertain of the scope of new powers until further rules are issued.
The focus on compulsory purchase amendments and Development Corporations in the initial commencement wave implies that other significant reforms or public benefits promised by the parent acts may be delayed, leading to implementation bottlenecks.
The specific exclusion of the Welsh Ministers in certain compulsory purchase provisions in Regulations 2 and 4(1)(h)-(k) suggests a divergence in administrative practice between devolved and reserved matters regarding land acquisition procedures.
The Secretary of State issued these Regulations using legal authority derived from specific sections of the Levelling-up and Regeneration Act 2023 and the Planning and Infrastructure Act 2025.
These parent Acts grant the necessary powers to bring certain sections of their provisions into force.
Citation, commencement and interpretation1.
(1)
(2)
This paragraph, paragraph (3) and the transitional provisions in regulation 6 come into force on 18th February 2026.
(3)
In these Regulations “acquiring authority”, “compulsory purchase order”, and “confirming authority” have the same meaning as defined in section 7(1) of the Acquisition of Land Act 19813.
Regulation 1 sets out how the instrument is formally cited and when its components take effect.
Subsections (2) specifies that Regulation 1(2), 1(3), and Regulation 6 regarding transitional provisions become active on February 18th, 2026.
Subsection (3) establishes that terms like 'acquiring authority', 'compulsory purchase order' (CPO), and 'confirming authority' adopt the standard definitions found in the Acquisition of Land Act 1981.
Provisions of the Levelling-up and Regeneration Act 2023 coming into force on 18th February 20262.
(1)
The following provisions of the Levelling-up and Regeneration Act 2023 come into force on 18th February 2026 for compulsory purchase orders to which paragraph (2) applies—
(a)
section 183 (conditional confirmation), so far as not already in force;
(b)
section 184 (corresponding provision for purchases by Ministers), so far as it relates to the provisions of Schedule 19 brought into force by paragraph (d);
(c)
paragraphs 2 to 7 of Schedule 18 (conditional confirmation and making of compulsory purchase orders: consequential amendments), so far as not already in force;
(d)
paragraph 3 of Schedule 19 (compulsory purchase: corresponding provision for purchases by Ministers), so far as not already in force.
(2)
Paragraph 2(1) applies to compulsory purchase orders that are—
(a)
subject to confirmation under Part 2 of the Acquisition of Land Act 1981 by a confirming authority other than the Welsh Ministers4, or
(b)
prepared in draft under paragraph 1 of Schedule 1 to that Act by an acquiring authority other than the Welsh Ministers.
Regulation 2 activates specific provisions from the 2023 Act starting February 18th, 2026, but only those relating to certain Compulsory Purchase Orders (CPOs).
These incoming sections concern conditional confirmation of CPOs (Sections 183 and 184, and related Schedule amendments).
Subsection (2) restricts this commencement to CPOs that require confirmation by an authority other than the Welsh Ministers, or those prepared in draft by a Minister who is not a Welsh Minister.
Provisions of the Planning and Infrastructure Act 2025 coming into force on the day after the day on which these Regulations are made3.
(1)
The following provisions of the Planning and Infrastructure Act 2025, so far as they relate to a power to make regulations, come into force on the day after the day on which these Regulations are made—
(a)
section 106 (required content of newspaper notices);
(b)
section 108 (general vesting declarations: expedited procedure);
(c)
section 109 (general vesting declarations: advancement of vesting by agreement);
(d)
section 113(3) and (4) (amendments relating to section 14A of the Land Compensation Act 1961).
(2)
The following provisions of the Planning and Infrastructure Act 2025 come into force on the day after the day on which these Regulations are made—
(a)
section 59 (overview of EDPs);
(b)
section 60 (scope of an EDP: area, kind and volume of development and time period);
(c)
section 61 (environmental features, environmental impacts and conservation measures);
(d)
section 62 (nature restoration levy: charging schedules);
(e)
section 63 (other requirements for an EDP);
(f)
section 64(1) (draft EDP: notification and consultation);
(g)
section 82 (administering, implementing and monitoring EDPs);
(h)
section 94 (general duties when exercising functions relating to EDPs);
(i)
section 95 (duty of co-operation);
(j)
section 97 (regulations);
(k)
section 99 (interpretation).
Regulation 3 brings provisions from the Planning and Infrastructure Act 2025 into force the day after these Regulations are officially made.
Subsection (1) activates provisions related to statutory powers for making regulations concerning specific CPO notices, expedited general vesting declarations, and adjustments to compensation assessment rules (Sections 106, 108, 109, 113(3) and (4)).
Subsection (2) immediately activates a significant range of sections pertaining to Environmental Delivery Plans (EDPs), covering their overview, required content, Natural England's duties regarding consultation, administration, monitoring, and cooperation requirements (Sections 59 through 63, 64(1), 82, 94, 95, 97, and 99).
Provisions of the Planning and Infrastructure Act 2025 coming into force on 18th February 20264.
(1)
The following provisions of the Planning and Infrastructure Act 2025 come into force on 18th February 2026—
(a)
section 1 (national policy statements: review);
(b)
section 2 (national policy statements: parliamentary requirements);
(c)
section 13 (Planning Act 2008: legal challenges);
(d)
section 100 (areas for development and remit);
(e)
section 101(6) to (9) (relationship between different types of development corporation);
(f)
section 102 (duties to have regard to sustainable development and climate change);
(g)
section 103 (powers in relation to infrastructure);
(h)
subject to paragraph (2), section 106 (required content of newspaper notices), so far as not already in force;
(i)
section 108 (general vesting declarations: expedited procedure), so far as not already in force and only in relation to England;
(j)
section 109 (general vesting declarations: advancement of vesting by agreement), so far as not already in force and only in relation to England;
(k)
section 113(3) and (4) (amendments relating to section 14A of the Land Compensation Act 1961), so far as not already in force and only in relation to England.
(l)
subject to paragraph (3), Part 3 of the Planning and Infrastructure Act 2025, so far as not brought into force by regulations 3 and 5.
(2)
Paragraph (1)(h) applies to compulsory purchase orders that are—
(a)
subject to confirmation under Part 2 of the Acquisition of Land Act 1981 by a confirming authority other than the Welsh Ministers, or
(b)
prepared in draft under paragraph 1 of Schedule 1 to that Act by an acquiring authority other than the Welsh Ministers.
(3)
Paragraph (1)(I) does not apply to Part 1 of Schedule 5 to the Planning and Infrastructure Act 2025.
Regulation 4 schedules the commencement of numerous sections of the 2025 Act for February 18th, 2026.
These include reforms to National Policy Statements (NPSs) requiring quinquennial reviews and parliamentary scrutiny for major amendments (Sections 1, 2, 13).
It also commences sections detailing Development Corporation powers, criteria, and standardization of sustainable development duties and infrastructure powers (Sections 100-103).
Furthermore, it restarts commencement for certain CPO notice and general vesting declaration sections (Sections 106, 108, 109, 113), explicitly limiting the application of 108, 109, and 113 to England only.
Finally, it activates the remainder of Part 3 of the 2025 Act not activated by Regulations 3 or 5.
Commencement for Section 106 and the vesting declaration procedures in (h) through (k) are subject to the same non-Welsh Minister geographical/authority constraints as set out in Regulation 2.
Provision of the Planning and Infrastructure Act 2025 coming into force on 1st April 20265.
Section 91 (annual reports) of the Planning and Infrastructure Act 2025 comes into force on 1st April 2026.
Regulation 5 specifies that section 91 of the 2025 Act, which mandates annual reports by Natural England on exercising its Part 3 functions, will take effect on April 1st, 2026.
Transitional provisions relating to compulsory purchase6.
(1)
The amendments made to the Acquisition of Land Act 1981 by the provisions brought into force by regulation 2 do not apply in relation to a compulsory purchase order where the date in paragraph (2) is before the date on which those provisions come into force.
(2)
The date in this paragraph is the date on which—
(a)
notice of the making of the order is first published pursuant to section 11(1) of the Acquisition of Land Act 1981, or
(b)
notice of the preparation in draft of the order is first published pursuant to paragraph 2(1) of Schedule 1 to the Acquisition of Land Act 1981.
(3)
The amendments made to the Compulsory Purchase (Vesting Declarations) Act 19815 made by section 108 of the Planning and Infrastructure Act 2025 do not apply to compulsory acquisitions that were authorised before the day on which that section comes into force.
Regulation 6 establishes transitional rules to avoid applying new laws to ongoing processes.
Subsection (1) ensures that amendments to the Acquisition of Land Act 1981 (brought in by Regulation 2) do not affect CPOs if the initial notice of making or draft preparation occurred before the commencement date specified in subsection (2).
Subsection (3) states that Section 108 amendments regarding vesting declarations will not apply to any compulsory acquisition that received authorization before Section 108 itself came into force.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Matthew Pennycook
Minister of State
Ministry of Housing, Communities and Local Government
This section documents the signing authority for the Regulations: Matthew Pennycook, Minister of State at the Ministry of Housing, Communities and Local Government, signed this instrument on December 18th, 2025, at 2:20 p.m.
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