Our policy team has compiled the information you need to stay ahead. This month’s update includes the government’s roadmap for buying and selling reform and new clarity on how the incoming Building Safety Levy will work in practice.
New regulation and updates – what property lawyers need to know
New details on the Building Safety Levy
Details clarifying how The Levy will work in practice were explained to the House of Lords Committee on 2 September. Most notably, clarity has been added around:
- the definition of ‘previously developed land’: areas of hard standing on brownfield sites which qualify for a 50% discount levy rate
- time periods for spot checks
- levy information requirements
- processes for revised levy determinations, refunds, reviews and appeals
The government has updated their Building Safety Levy guidance with further information. The Levy is due to come into force for both residential and commercial properties from 1 October.
A roadmap for home buying and selling reform
The government published its roadmap for home buying and selling reform, which includes its responses to both the home buying reform and material information consultations.
The key proposals at a glance
- Upfront sales packs: Prepared by sellers ahead of listing a property to allow for early discovery of any issues
- Binding conditional contracts: New measures to lock in agreements earlier and reduce gazumping or gazundering by introducing financial penalties for late withdrawals without valid reasons
- Digitalisation: Digital changes to the process will include electronic signatures, digital property logbooks and streamlined anti-money laundering checks
- Agent standards: A non-statutory code of practice for agents
Government plans for smart data in property transactions
The government’s smart data strategy aims to streamline the way ‘essential and trusted data’ is shared and reused during a property transaction.
Their hope is to ease admin issues and delays for conveyancers and estate agents, and ultimately clients – this could generate an estimated £4.2 billion in GDP every year.
To help make sure these plans benefit you and your business, we encourage you to take part in the government’s multi-sector call for evidence on smart data. It ends on 1 October 2026.
In our submission, we will stress that conveyancers must be able to rely on the data they use. That means knowing where the data came from, being able to receive and share it on an agreed basis and making sure that the data is suitable for use in the conveyancing process.
HMLR contractual control regulations
New contractual control regulations coming into force on 06 April 2027 include digital requirements for all ‘regulated conveyancers’.
We’ve been talking with HM Land Registry (HMLR) about how the scheme will work in practice, including aspects of mapping and the development of the digital system, so it doesn’t impose burdens on members.
Upward-only rent reviews
Legislation banning upward-only rent reviews — the English Devolution and Community Empowerment Act 2026 — is expected to come into force in 2027 or 2028. The exact date depends on future regulations which have not yet been made.
Once implemented, it will make upward-only clauses unenforceable in new and renewal commercial leases in England and Wales. Most existing leases will generally be protected.
Further consultation is expected on caps, collars and index/market rent mechanisms, so it may be pragmatic to wait for any government response after consultation before re-drafting your standard rent review clauses.
Have your say
Here are some more opportunities to share your views and expertise to help shape property policy in your area of practice.
Two government consultations on flaws in the Leasehold and Freehold Reform Act
In 2024, housing minister Matthew Pennycook MP highlighted that small flaws in the Act will be addressed in the Commonhold and Leasehold Reform Bill. He recently set out in more detail what these flaws are.
Two technical consultations address these issues:
1) Leasehold enfranchisement valuation rates
The Leasehold Advisory Service (LEASE) has published a webinar on this consultation which is available to watch here.
Closing date: 21 October 2026
2) Leasehold enfranchisement process costs
Closing date: 23 September 2026
The government is encouraging input from all parties affected, including individual leaseholders and freeholders, so that its final decisions are “informed by views beyond simply enfranchisement professionals”.
HMRC research on tax adviser registration
Hopefully most of you are now registered with HMRC as tax advisers as the deadline of 18 August 2026 has now passed.
HMRC are now conducting research on the new process and would like to talk to conveyancers who submit Stamp Duty Land Tax (SDLT) returns. If you would like to take part, sign up here.
Our tax adviser registration guidance has more information on the new requirement for firms and individuals. Do also feel free to share your experience of the new process with us via [email protected].
How we’re advocating for you in consultations
We submitted our views on behalf of members to two recently closed consultations:
We broadly support modernisation of the regime while seeking to preserve appropriate protections for business tenants.
We argued that any simplification of the legislation should avoid creating new traps for tenants and their advisers, and that reforms should work in practice not only for large commercial occupiers but also for smaller businesses.
In our response, we supported reforms that would simplify transactions and reduce unnecessary costs and delays, while cautioning against changes that could unintentionally remove protections for leaseholders or create new uncertainties.
We also highlighted longstanding technical issues where greater clarity would benefit both practitioners and clients. These included those relating to assignments, concurrent leases, management company covenants and agreements for lease.
Kindly shared by The Law Society image courtesy of Adobe