Skip to main content
Comment & Opinion

Infrastructure & Energy Horizon Scanner: November 2025

“In this bumper edition of our regular horizon scanner for the infrastructure and energy sector, we look at all the key issues hitting the board agenda – from the government’s updated net zero plans, grid connection, heat networks, and data centres, to water issues, climate litigation, planning reform, and more. Read on for our ‘at a glance’ summary of the latest essential developments.”

Ben Sheppard, Partner, Infrastructure & Energy
Ben Sheppard, Partner, Infrastructure and Energy

Net Zero & Industry News

The UK government has published the Net Zero Technology Outlook, which offers independent analysis of the technologies the UK must prioritise by 2050 to deliver on its net zero commitments. The report covers 18 sub-sectors within five major emitting sectors: industry; transport; heat and buildings; agriculture, land use and waste; and power.

The government has also published its new Carbon Budget and Growth Delivery Plan (as promised following the High Court’s 2024 ruling that previous iterations of the climate plan were unlawful). Headline provisions within the plan include: investment in renewables and nuclear, including £14.2 billion for Sizewell C, support for small modular reactors and nuclear fusion, and solar installations on hundreds of public sector sites; upgrading 5 million homes with low-carbon heating, improved insulation and rooftop solar; expansion of electric vehicle infrastructure; measures to reduce methane emissions from agriculture, waste and energy production; and an Investor Prospectus to attract private capital into clean energy, infrastructure and innovation.

The government has committed to a new 6-year Climate Change Agreement Scheme. 3 new processes have been found to be eligible by the government for inclusion in the scheme: the mechanical recycling of plastic, the packaging of spirits and the production of batteries for electric vehicles. The government is consulting, until 2 December, on draft regulations which make technical amendments to eligible processes currently in the scheme.

The National Energy System Operator (NESO) is considering consultation responses on the transitional Regional Energy Strategic Plan (tRESP). tRESP will be the first publication in NESO’s journey towards transforming and improving local energy infrastructure. Bespoke plans will be developed for Scotland, Wales and nine English regions. NESO aims to publish the final document in January 2026.

Ofgem intends to regulate the heat network sector from January 2026. Network operators and some landlords will need to comply with the new regime. See our briefing for what you need to know.

Electricity grid infrastructure reform

The House of Lords report into electricity grid infrastructure was published in October 2025. It delivered the blunt verdict: ‘The grid is not ready’ for net zero. The report highlights critical institutional failings that limit delivery of the UK’s clean power ambitions.

Following NESO’s latest five-year forecast for 2026/27 – 2030/31, published on 18 September 2025, the energy sector is bracing for a major shift in Transmission Network Use of System (TNUoS) charges. With costs set to rise sharply from 2026, suppliers and consumers alike will feel the impact. In this article, we break down what’s driving the increase, what it means for bills, and how upcoming reforms could reshape the way we pay for our electricity network.

“We’re seeing the cost of grid transformation land squarely on suppliers and consumers. While the investment is essential, the current system lacks the predictability and transparency needed to support long-term decision-making, especially as NESO expect substantial change to the charging methodology with REMA and the reform of national wholesale pricing.”

Sophie Linnell, Director, Infrastructure and Energy

If grid connection delays are slowing down your energy and infrastructure projects, grid sharing structures could help you overcome these challenges. GridCo sharing arrangements are widely regarded as being a robust and bankable solution, enabling multiple parties to share and use grid capability and grid infrastructure effectively. In our article, we explore the key issues you should consider before setting up a GridCo.

The Department of Energy Security & Net Zero (DESNZ) has published Impact of Growth of Data Centres on Energy Consumption. Focusing so far only on video streaming vs Blu-ray discs, eBook reading vs printed books, and AI-powered translation vs human translation, the report compares energy consumption of digital services with their physical counterparts.

Assessing energy consumption across the full delivery chain (For digital: data centres (IT + infrastructure), transmission networks, and end-user devices; for physical: manufacturing, transport, retail, office-based services, and end-user devices), the report finds digital services either match or significantly reduce electricity consumption compared to physical alternatives.

It suggests that digitalisation, despite increasing electricity demand in data centres, can lead to net energy savings when replacing traditional methods. Evaluation of additional use cases is suggested, to provide a fuller picture of the impact of digitalisation on energy use.

Sustainability targets for data centres

In related news, the House of Commons Library has published Data centres: planning policy, sustainability, and resilience. It notes that data centre operators are pursuing voluntary sustainability targets, including power purchase agreements for renewables and exploration of nuclear power, including small modular reactors. It also notes that cooling systems (often water-based) are essential; that UK data centres generally use less water-intensive measures than US counterparts; and that water supply/demand/stress is inherently regional; but that more data on UK data centre water usage is needed.

The European Commission will put forward a Data Centre Energy Efficiency Package in Q1 2026. Together with the Strategy Roadmap on Digitalisation and AI, it aims to achieve carbon-neutral data centres by 2030.

Ofgem is consulting, until 3 December 2025, on its sector-specific methodology for electricity distribution price control ED3, which will apply from 1 April 2028.

We reported in an earlier edition of our Infrastructure & Energy horizon scanner that the North Sea Transition Authority (NSTA) was set to increase investigative and enforcement action in respect of delays and regulatory failures. NSTA has now confirmed it will publicly name companies subject to ongoing investigations and those failing to meet decommissioning obligations. The aim is to foster greater transparency and encourage compliance with regulatory obligations.

National Robotarium unveils underwater robot

The National Robotarium has introduced a new, tentacle-like, underwater robot that can safely interact with offshore structures which could revolutionise how subsea infrastructure is inspected and maintained around the world.

DESNZ and the Department for Environment, Food and Rural Affairs (DEFRA) have published a report highlighting how the government is delivering its key commitments on climate and nature. The report focuses on climate and nature integration, delivery of clean energy, supporting a rural economy, restoring our seas, and mobilising green finance.

Landmark climate arbitration against the UK

We reported, in the last edition of Legal Horizon, that the International Court of Justice had delivered its Advisory Opinion on Climate Change. We anticipated the Opinion would have implications for both states and businesses, in terms of confirming climate obligations and signifying increased risk of climate-related litigation. It’s happening now. For the first time, a landmark climate arbitration claim is being brought against the UK state.

The previous government had granted permission to West Cumbrian Mining to develop a coal mine. The High Court blocked the project due to environmental concerns. Labour ministers then withdrew government support for the mine, and the planning application failed.

The claimant developer and investor now argue that the revocation and related regulatory measures unlawfully interfered with their investment and denied them protections guaranteed by a relevant investment treaty. The claim exemplifies how climate obligations and shifting policy are directly impacting states, businesses and investors. It’s one to watch.

Greenwashing litigation in France

Also in relation to green claims in the infrastructure and energy sector, TotalEnergies faced a civil trial over allegations it misled consumers by claiming it would reach “carbon neutrality” by 2050 while simultaneously expanding fossil fuel production. The claimants also criticised TotalEnergies’ labelling of natural gas as the “least polluting” fuel and therefore suitable for the climate transition.

On 23 October 2025, the Paris court found against TotalEnergies. It’s the first greenwashing case in France against an oil and gas company and could set significant legal precedent for corporate climate advertising. TotalEnergies has said it won’t appeal the ruling.

Along similar lines, Energy Australia is facing a claim, initiated by Parents for Climate, accusing the company of misleading over 400,000 customers by marketing its “Go Neutral” electricity and gas products as carbon neutral through carbon offsets. The case, which commenced in May 2025, is the first in Australia challenging a company’s “carbon neutral” marketing under Australian Consumer Law.

“Publication of the UK government’s Net Zero Technology Outlook and the long-awaited Carbon Budget and Growth Delivery Plan has coincided recently with high profile, innovative climate and greenwashing cases. As such, corporate climate liability is likely to top board agendas more than ever in the weeks and months to come. Our Energy, Environment and Dispute Resolution specialists can help clients, whether in relation to compliance, corporate reporting, green finance, or responding effectively to climate claims.”

Tim Jackson-Smith, Partner, Infrastructure & Energy

The Environment Agency (EA) and DEFRA, are consulting on wide-ranging reforms to the environmental permitting regime for industrial emissions in England. The proposals cover: innovation and tech; agile standard setting; proportionate, coherent regulation; and effectiveness, efficiency and transparency of regulation.

In related news, DEFRA has announced that the EA will be given new powers to define exemptions to environmental permits in a move that aims to make the permitting regime quicker, more flexible and proportionate for low-risk activities.

Simplification of the carbon border adjustment mechanism

The European Council has adopted a regulation to simplify the Carbon Border Adjustment Mechanism (CBAM). It’s designed to ease administrative burdens and reduce compliance costs. Notably, there’s a new de minimis threshold exempting importers from CBAM obligations for up to 50 tons annually.

The EA has published a new report setting out a pathway for sustainable growth in England’s industrial hubs in the Humber, Teesside and North West.

DEFRA is consulting, until 17 December, on proposals to amend the UK’s F-gas phasedown schedule, by replacing the 79% reduction by 2030 target with a 98.6% reduction by 2048 target. F-gases are commonly used in refrigeration, air-conditioning and heat pump systems. The government has stated that the phasedown proposals will provide industry time and support to transition to systems which use alternatives.

A parliamentary inquiry has been launched into faulty energy efficiency installations in the UK’s housing sector. The inquiry will investigate the effectiveness of government policies, consumer protection, and the challenges faced by the industry and homeowners in delivering energy efficiency improvements.

At the Labour party conference, Energy Secretary Ed Miliband said that the government will announce, in the outcome of the North Sea Energy Future consultation, that it will legislate to ban new onshore oil and gas licences, ensuring that no future fracking can take place anywhere within the UK.

The UK government has published its Defence Industrial Strategy 2025. It includes investment intended to boost innovation, industry, and employment; and includes measures to improve skills in the sector and the procurement process. The Strategy also offers a new Supply Chain Capability Programme and a Defence Investment Plan for the next 10 years.

Renewables, Green Energy and Carbon Capture, Usage and Storage (CCUS)

DESNZ has published The Clean Energy Jobs Plan, setting out the scale of opportunity for the UK to create tens of thousands of new jobs in renewables.

The government has announced a series of reforms to its main clean energy subsidy scheme, Contracts for Difference, with the intention of increasing investor confidence and accelerating the rollout of new renewable energy projects. The changes include extending the length of contracts from 15 to 20 years for offshore wind, onshore wind, and solar projects.

The Nuclear Regulatory Taskforce recently published its Interim Report, which provides a comprehensive review of the UK’s nuclear regulatory landscape. The report calls for a strategic steer from the government to establish national policy and strategy for nuclear safety and for modifications to the environmental planning and permitting regimes. A further round of consultations will follow.

Planning regime for nuclear fusion facilities

The government has announced it will incorporate all nuclear fusion energy facilities generating at least 50 megawatts in England into the streamlined nationally significant infrastructure project (NSIP) planning regime, but will drop its proposal to include such developments that fall under this threshold. The government has said it’s confident that local planning authorities will gain the expertise to consent sub-50MW applications through the local planning route.

A ‘developer-led’ approach to fusion energy facilities will be adopted, giving developers flexibility to select suitable sites based on their technologies and applications and guided by established criteria.

The government has said it believes identifying sites for fusion facilities could be unnecessarily restrictive and could result in bias towards areas of the UK where local support for fusion is currently higher. The government now plans to consult on proposed EN-8 (fusion energy National Policy Statement) by March 2026.

The UK government has announced the Atlantic Partnership for Advanced Nuclear Energy – a new agreement with the USA to streamline regulatory approvals for nuclear energy projects.

Ofgem has opened a consultation, open until 30 October 2025, on proposals for establishing an early competition Offshore Transmission Owner (OFTO) build model.

The High Court has dismissed an effort to overturn the government’s consent for the HyNet carbon capture and storage facility in the North-West, ruling that the claim had not met a ‘modest arguability test’. It’s understood environmental campaign group HyNot has lodged an appeal of the dismissal.

ENDS has reported (15 October 2025) that indications from the CCUS conference in London are that the government is likely to consult on non-pipeline transport (NPT) of carbon dioxide before the end of 2025.

Report highlights pollution violations at US LNG facilities

A report by the Environmental Integrity Project has found that all operational US liquified natural gas (LNG) facilities have violated pollution limits. The report could have several implications for UK infrastructure and energy businesses. For example, UK energy companies that import LNG from the US may face reputational/ESG risk and increased scrutiny from regulators, investors, and the public.

UK regulators may respond by tightening import standards or requiring more rigorous environmental disclosures from LNG suppliers. There could also be commercial impacts on the LNG market, pricing and [alternate] supply chains. There may also be opportunities for UK businesses to lead in green LNG certification and invest in alternative technologies/solutions.

The Fire Industry Association has published an article regarding the fire risk from battery storage systems. In related news, battery-related fires in UK waste facilities and collection vehicles are at their highest incidence rate, with the Environmental Services Association warning that battery fires in the UK’s waste sector have reached “epidemic levels”.

The Financial Times has reported (10 November) that Shell is walking away from two major floating offshore wind projects off the north-east coast of Scotland. The company is said to be focusing, instead, on other activities, such as power trading.

Waste & Resources

An amendment to the Waste Framework Directive has been published. It introduces extended producer responsibility for textiles, requiring producers to cover the costs of collection, sorting, reuse, and recycling; and sets binding food waste reduction targets: a 10% cut in processing and manufacturing, and a 30% per capita reduction at retail and consumption levels.

The European Commission is consulting on its proposed Circular Economy Act. The Act, set for adoption in 2026, focuses on enhancing e-waste recycling and boosting demand for secondary critical raw materials. It seeks to reduce reliance on imported resources, improve economic resilience, and support decarbonisation. The UK government is expected to publish its Circular Economy Strategy before the end of 2025 – one to watch.

Breakthrough in PFAS chemicals destruction

Veolia has announced what it calls a “major technological breakthrough” in the destruction of targeted PFAS chemicals at hazardous waste incineration facilities. It’s developed patented technology to virtually eliminate several targeted PFAS (with an efficiency rate of up to 99.9999%) through an incineration process at over 900°C. It’s understood that the process involves a catalyst which neutralises acidic gases, converting them to non-toxic mineral substances, reducing harmful emissions and preventing corrosion/fouling in incineration equipment.

In related news, ENDS (17 October) has reported that Anthony G. Hopp, a US partner at the international law firm Steptoe, shared his learnings on PFAS litigation in the US with attendees at the recent UK Chemical Reactions Conference.

He said that, while legal action against PFAS is only just starting to take place in the UK, more than 350 companies have been sued in the US over PFAS; over 10,000 lawsuits have been filed; and $17bn has been either paid out or promised in settlements for PFAS related cases. Most of the cases focused on groundwater, surface water and soil contamination.

Some of the cases involved public water systems seeking damages for increased costs of providing clean water; some have been state level enforcement of environmental laws; and many have been private party litigation cases alleging nuisance and trespass from the presence of PFAS in groundwater and surface water. Hopps’ advice is for UK businesses to start phasing out PFAS in their supply chains now. (A recording of an earlier Hopps presentation on PFAS litigation in the US can be accessed here.)

Also on PFAs, the BBC has reported that the Drinking Water Inspectorate has issued 23 enforcement notices to water companies over elevated levels of PFAS which could “constitute a potential danger to human health”. Regulatory reform in relation to PFAs and drinking water is likely on the horizon.

Largest river pollution claim in UK history

We reported earlier in 2025 that Lewes District Council had agreed to recognise the legal rights of Sussex’s River Ouse, in a charter to protect the river’s fundamental right to “exist, thrive, and evolve”, to promote action to restore the river’s and the surrounding catchment’s ecological and chemical health. Basingstoke and Dean Borough Council, Test Valley Borough Council and Southampton City Council followed suit, similarly recognising rivers within their authorities.

We suggested that granting rights to rivers and other natural resources could have significant implications for businesses operating near or impacting them. It’s happening now…

…The largest environmental pollution action ever pursued in the UK is being brought in relation to alleged pollution in the rivers Wye, Lugg, Usk and related tributaries. The agricultural food producer and water company defendants are accused of causing: ‘private nuisance’ by having materially contributed to pollution in the Wye catchment; ‘public nuisance’, having endangered the health, safety and comfort of the public and the environment, and obstruction of the right to use the river Wye; and ‘negligence’, through breach of “a duty of care to prevent, contain and clean-up the pollution”, and a “duty of care not to cause pollution damage by bio solids and by sewage discharge into the rivers”.

The claim also alleges that discharge of solid particles has affected water quality and settled on the river bed, amounting to ‘trespass’; and that the unlawful deposit of manure and biosolids on agricultural land breaches section 73(6) of the Environmental Protection Act 1990.

Home Builders Federation report on drainage concerns

The Home Builders Federation (HBF) has published a new report, A Drain on the Nation, which says “almost 30,000 homes are currently blocked, including 7,000 Affordable Homes,” as planning authorities withhold permissions over perceived drainage capacity concerns. HBF is calling on the government to: reassert paragraph 201 of the NPPF and the supporting planning practice guidance to urgently remind local planning authorities that questions relating to wastewater should not intrude into development management decisions; remind local authorities that water companies operate under a statutory duty to meet the requirements of the land-use planning system and home builders pay them charges to ensure that they do so; and insist that water companies make provision for the government’s home building targets in Water Resource Management Plans and Wastewater Infrastructure Plans.

The global water crisis is increasing, with more than two billion people already without access to safe drinking water and global water demand projected to exceed supply by 40% as early as 2030. Inefficiencies such as leaky pipes, aging infrastructure, and excessive energy use are behind much of this.

A new report emphasises that water and energy are interconnected systems, and explains that investment in the water sector is crucial to competitiveness and security. See our earlier briefing on environmental and commercial concerns associated with water stress, and how we can help.

Ofwat is considering a £62.8m enforcement package proposed by Anglian Water following the finding that the water company breached its legal obligations.

New penalties for water offences

DEFRA is consulting on the introduction of new penalties for offences committed by water companies. Under the proposals, the Environment Agency could be allowed to hand out civil penalties of up to £500,000 and new ‘automatic penalties’ of up to £20,000; and the standard of proof would be lowered to the civil standard (i.e. ‘on the balance of probabilities’) for minor to moderate environmental offences. The changes would sit alongside existing enforcement tools.

In the biggest shake-up of the water sector since privatisation, the UK government has confirmed that Ofwat will be abolished. Its functions will be merged with water functions across the Environment Agency, Natural England and the Drinking Water Inspectorate to form a new single, powerful regulator.

Construction/Development

On 19 August 2025, DEFRA announced planning reforms to accelerate infrastructure delivery and homebuilding while safeguarding the environment. The measures, backed by £500 million, include: The Lower Thames Crossing to be the first major infrastructure project to have one lead environmental body to “end the merry-go-round of developers dealing with multiple, overlapping authorities”; the new DEFRA Group Infrastructure Board to help accelerate the planning process for at least 50 major infrastructure projects, including Hinkley Point C nuclear power station, East West Rail and Heathrow Airport’s expansion; and The Nature Restoration Fund and Marine Recovery Fund, which are intended to enable infrastructure developers to meet environmental obligations faster by pooling contributions and making strategic interventions.

On 13 October, the government announced a series of changes to the Planning and Infrastructure Bill to help promote the aim of building faster. The Bill is currently expected to receive Royal Assent before the end of the year.

The Scottish government is consulting on potential measures to simplify planning processes and encourage the provision of new homes in rural areas and town and city centres. The consultation, which is open until 27 October 2025, also includes options related to domestic air source heat pumps and heat network connections.

Heat network funding opportunities

“As the UK accelerates its transition to net zero, heat networks are playing an increasingly important role in decarbonising heating across both commercial and residential buildings. For developers, this presents both opportunity and complexity – particularly when it comes to funding. See our recent article for advice on key funding mechanisms and how you can benefit.”

Adam Bertram, Senior Associate, Infrastructure & Energy

The government is consulting on streamlining the infrastructure planning process for NSIPs. The consultation seeks views on new guidance following removal of statutory pre-application consultation requirements; the use of Initial Assessments of Principal Issues to focus examinations; guidance for public bodies about their role; legislative changes to examination of applications including compulsory acquisition; reforms and improvements to pre-application services; and the removal of statutory pre-application requirements for onshore wind projects.

Infrastructure developers have welcomed the Treasury’s announcement it will work with the judiciary to speed up judicial reviews when nationally important infrastructure projects are challenged.

The requirement that developers deliver a minimum 10% increase in nature on projects (Biodiversity Net Gain/BNG) is due to apply to NSIPs from May next year. But the Guardian has reported (28 October) that offshore wind developments may be exempted from BNG requirements, to reduce costs for developers.

However, according to government sources cited by the newspaper, the outcome of the consultation has been delayed after a “last-minute loophole was added for offshore windfarms to make them exempt from BNG rules”.

Climate breakdown and insurance risks

Also in The Guardian (14 Oct 2025), is the report that climate breakdown is making many areas uninsurable. New analysis from the insurance industry reveals that large swathes of housing and commercial property are at risk of devastating floods, storms and rising sea levels, with some homes, businesses and even towns potentially having to be abandoned.

Densely populated areas including London, Manchester and parts of north-east England, are likely to be worst hit, but Tenbury Wells in Worcestershire has already become the first in the country to find that its public buildings are uninsurable.

We’ve reported previously that the High Court and Court of Appeal had found, in C G Fry v Secretary of State for Levelling Up, that government rules aiming to mitigate the impact of nutrient pollution on protected waterways apply to the final discharge of planning conditions as well as earlier consenting stages.

The developer appealed to the Supreme Court to question whether nutrient neutrality rules apply to developments that received planning permission before the introduction of Natural England’s guidance on the issue in 2020. The Supreme Court has now given judgment for the developer.

Whilst the Supreme Court held that the Court of Appeal was correct in its interpretation of the Habitats Regulations, it considered the effect of a grant of outline planning permission, the impact of a policy adopted by the government, and a change of scientific advice bearing on that policy. The council and the inspector in this case had relied on new scientific advice given by Natural England in 2020 to revisit matters which had been approved prior to that, at the outline stage. The Supreme Court therefore confirmed it was not open to the council or the inspector to refuse to discharge the sub-conditions, thereby effectively preventing development, on the basis of ‘new’ nutrient neutrality rules.

In, Crest Nicholson Operations Ltd v Secretary of State for Housing, Communities and Local Government, the claimant argued that a water neutrality planning condition was unlawful on the grounds (1) the Inspector and Secretary of State erred by proceeding on the basis that groundwater abstraction might continue at a level that could harm the protected habitats through reliance on imperative reasons of overriding public interest; and (2) they also erred in their approach to uncertainty in the appropriate assessment, contending that what was required was certainty as to the end (being protection of the site), not the means by which this would be achieved. The High Court dismissed the claim on both grounds.

Tribunal decision on HS2 compensation

Quintain City Park Gate Birmingham v Sec of State for Transport concerns compensation for compulsory purchase in relation to part of the new HS2 station site. As part of the process for calculating compensation, a site owner can apply to the local planning authority for a ‘certificate of appropriate alternative development’ (CAAD). A CAAD enables the site owner to demonstrate the development value of a site, which it can use in negotiations for compensation. It’s in a developer’s interests for application for the CAAD to cover as unconstrained a development as possible.

Here, the parties disagreed over the application of policies relating to the height and massing of the proposed buildings, the total size of floor area, and the requirements for affordable housing within the development and conditions relating to phased development.

The Tribunal recognised that there could be not one correct CAAD, but a range of possible alternatives. However, the LPA was entitled to apply limitations in line with the current local plan and policies – in particular, to include a requirement for affordable housing. In this case the Tribunal found for the LPA, but the reasoning will be helpful for anyone dealing with compulsory purchase and valuation.

Development consent has been granted for the Morgan Offshore Wind Project: Generation Assets. Natural England had raised concerns as to the risk of stranded assets as a result of the separation of the proposed development from the transmission assets, but the Secretary of State didn’t consider that risk to be realistic in this case. For information and advice in relation to climate-related asset stranding generally, please see our briefing.

The Joint Contracts Tribunal (JCT) has released the Target Cost Contract 2024 on 25 June 2025. It is the final piece in the publication of the JCT 2024 Edition suites. This new contract family introduces a fresh approach by the JCT to cost management and collaboration. See our briefing for more information.

Transforming land surveying with AI

The Royal Institution of Chartered Surveyors (RICS) has published a global professional standard for the responsible use of AI in surveying. The standard will take effect on 9 March 2026.

It sets mandatory requirements and best practices to govern AI use in valuation, construction, infrastructure, and land surveying. Property businesses should undertake a risk analysis; review and update policies, practices, and terms; and educate staff accordingly.

DEFRA has published guidance for designers, developers, local authorities and other interested parties (such as sewerage undertakers and the Environment Agency) on national standards for sustainable drainage systems (known as SuDS). The non-statutory standards are intended to facilitate consistency, performance and resilience in surface water drainage for new infrastructure and development, whether on greenfield or brownfield sites.

Construction products reform

We’ve reported previously on the Construction Products Reform Green Paper on wide-ranging plans for future regulation of construction products. Proposals include bringing all construction products within the general product safety regime; enhanced regulatory, surveillance and enforcement powers; development of a new single Construction Products Regulator; and civil and criminal penalties for manufacturers that engage in misleading practices or neglect their responsibilities regarding product safety.

The government has said that the paper is the first step in what will be a proactive process of engagement and consultation across the system in the medium to longer term.

The Chartered Institute of Building, in collaboration with various construction industry bodies has published the Guide to Products Critical to Safe Construction – a new resource which aims to signpost best practice, raise awareness of compliance standards, and provide advice on how to determine if a product is critical to safe construction. It’s likely to be of value to clients across the build spectrum, from product and project design and manufacture, to contracting and development/employment.

The UK government has published its response to the Consultation on Compulsory Purchase Process and Compensation Reforms in England and Wales. The response includes a summary of proposals to be advanced through the Planning and Infrastructure Bill.

These include: delegation of decisions on compulsory purchase orders (CPOs) with directions removing hope value to acquiring authorities where no objections are raised; allowing inspectors to make decisions on directions for additional compensation under Schedule 2A to the Land Compensation Act 1961 confirmation decisions on CPOs made under the New Towns Act 1981; allowing acquiring authorities to take earlier possession of land or property under the general vesting declarations procedure; and permitting electronic service of notices.

New connectivity tool for sustainable development

The government has launched a new tool that would enable planners to locate development in the most sustainable locations. The new Connectivity Tool covers the whole of England and Wales and combines transport and land use data to generate a connectivity score. The tool is free of charge to all public sector bodies across England and Wales but is currently only available to people working in local or central government who have been granted access to it.

A social housing management firm has been fined for failing to protect workers from a range of vibration related ill-health conditions. The workers included bricklayers, joiners, electricians, plasterers, caretakers and others. While their work was varied, all included use of power tools, ranging from drills and impact drivers to vibrating plates and road breakers, over an extended period of time.

The company hadn’t properly assessed or controlled worker’s exposure to vibration. As the decision is against a business-type not necessarily immediately associated with vibration risk, it could have implications for all businesses employing workers or contractors exposed to vibration. HSE guidance, here, and in the HSE publication Hand-arm vibration – The Control of Vibration at Work Regulations 2005 (L140) (PDF) (PDF) , sets out advice to help employers assess risk, protect employees and fulfil their legal obligation to control vibration risks.

The HSE is consulting, until 9 January 2026, on proposals to improve the application of, and guidance on, asbestos management regulations. The consultation may impact dutyholders, asbestos analysts/surveyors/removal contractors, and associated professions including facilities management and construction.

Our people

Tim
Jackson-Smith

Partner

Infrastructure & Energy

CONTACT DETAILS
Tim's contact details

Email me

CLOSE DETAILS

Ben
Sheppard

Partner

Infrastructure & Energy

CONTACT DETAILS
Ben's contact details

Email me

CLOSE DETAILS

Sophie
Linnell

Director

Infrastructure and Energy

CONTACT DETAILS
Sophie's contact details

Email me

CLOSE DETAILS

Adam
Bertram

Senior Associate

Infrastructure & Energy

CONTACT DETAILS
Adam's contact details

Email me

CLOSE DETAILS