Yule Blog 2023 – 12th Day – Drum roll please...

Welcome back to the fabulously festive HSF Real Estate Development Yule Blog! We return for 2023 with twelve days of real estate development highlights from this year and a look ahead to the next, all neatly packaged within the theme of the classic carol.

We start this year's 12-day countdown with a drum roll – a medley of some of the issues we have been concerned with in 2023 which will continue to be important to the real estate industry in 2024 and beyond.

Here's a flavour of what is to come:

• As ever, 2023 has seen some significant court decisions, for example the hot-off-the-press judgment from the Supreme Court on newcomer injunctions and when they can be granted to prevent trespass/unauthorised encampments (Wolverhampton City Council v London Gypsies and Travellers). On the 8th day of our Yule Blog, we take a look at this and some of the other significant decisions of the past year.
• Law reform has been high on the agenda this year, and rather unusually there has been a real focus on landlord and tenant legislation. In particular, our attention has been on the private rented sector, leasehold reform and the long-awaited consultation on the Landlord and Tenant Act 1954. Luckily, you don't have to wait too long to find out more as this topic features on Monday for the 11th day of our festive countdown.
• ESG will continue to be a core issue for businesses, investors and lenders. On the 9th day of our Yule Blog, we’ll take a look at some of the key ESG steps to consider in the commercial real estate sector in 2024.
• The environmental theme continues on the 4th and 7th days. On the 4th day, following publication this week of the long-awaited BNG regulations and guidance, we'll take a look at mandatory biodiversity net gain (BNG), which is due to come into effect in England from January 2024 for town and country planning development (with the exception of small sites). On the 7th day we'll consider the twin impacts on water quality and water supply of nutrient neutrality and water neutrality, both of which are blocking developments across large swathes of England.
• The Building Safety Act 2022 continues to impact those carrying out construction works to all types of buildings, not just high-rise residential projects. Numerous regulations have been published this year to bring the new building control regime into force and several transitionary periods have commenced. On the 5th and 6th days we'll look at the changes that impact approved inspectors, plus the various notices that need to be provided to comply with the revised building control process.
• Also on the topic of construction, on the 2nd day we'll consider the government's proposal to amend Approved Document B of the Building Regulations to require that all residential buildings over a threshold of 18 metres high must have two staircases – a surprise announcement which will significantly impact the viability of many schemes, although much of the detail is still awaited.
• Overseas entities owning UK property will have some additional hoops to jump through when the Economic Crime and Corporate Transparency Act 2023 takes effect, which introduces a number of amendments to the requirements around the Register of Overseas Entities, as well as sets out further powers which the government hopes will help counter corruption and fight fraud. Look out for some practical tips on how to prepare for these changes on the 3rd day of our Yule Blog.
• Long-awaited planning reforms in England took another step forward at the end of October with Royal Assent of the Levelling Up and Regeneration Act 2023. The majority of the Act is not yet in force and there is the potential for the reforms to bring more complexity to the system rather than less. On the 10th day we look at what might come next for developers, and briefly consider the measures aimed at helping local authorities rejuvenate their town centres.
• And finally, last year we pondered whether 2023 might be a little less tumultuous than 2022. This year, with the general election sooner or later, we know that change is ahead. For our final post in this 2023 Yule Blog, the 1st day of Christmas, we share our thoughts on what next year's general election might bring.

We hope that you enjoy our festive offering. Come back on Monday for the 11th day of our 2023 Yule Blog countdown!

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