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Speeding Up Build Out

Introduction

In this blog post, we discuss the Government’s latest proposals to speed up build out rates for development

On 25th May 2025 the Government published its technical consultation entitled ‘implementing measures to improve Build Out transparency’. This is accompanied by a planning reform working paper entitled ‘Speeding Up Build Out’ and a press release

Full copies of the technical consultation, planning reform working paper and press release can be found at the following links:

Both the planning reform working paper and press release are high level documents with the specific details of the Government’s primary proposals set out in the technical consultation and therefore we discuss further below the consultation

Proposals under the technical consultation

The technical consultation provides details on the implementation by the Government of the build out rate related provisions in the Levelling-up and Regeneration Act 2023 (LURA) including the controversial provision to provide local planning authorities (LPAs) with the power to decline to determine planning applications where a developer has previously had a slow build out rate

The consultation runs from 25th May to 7 July 2025

The consultation includes the following two primary proposals by the Government:

(1) New build out reporting framework

The Government wants to ensure there is greater transparency and accountability about the build out of new residential development and proposes to introduce a new statutory build out reporting framework which would apply to new ‘eligible residential development’ (which the Government proposes as any development (including mixed use schemes) for 50 or more new build residential units or dwellings)

This framework will mean that for this type of development it will be a requirement to:

  • submit a Build Out Statement with a planning application to LPAs
  • notify LPAs before development is commenced through a Commencement Notice
  • report annually to LPAs on housing delivery through a Development Progress Report

(2) Power for LPAs to decline to determine planning applications

The Government proposes to implement the new power introduced by Section 113 of LURA for LPAs to decline to determine planning applications made by developers who fail to build out development authorised by an earlier planning permission at a reasonable rate

LPAs will be able to decline to determine an application for planning permission for a development of any land if:

  • The development is development that meets certain criteria set out in regulations which this consultation seeks views on
  • The application is made by a person who has previously made an application for planning permission for development in the LPA’s area at the time the current application is made – known as the ‘earlier application’, or a person who has a connection of a description set out in this consultation document with the development to which the earlier application related known as the ‘earlier development’
  • The earlier development was of a description that meets the same criteria as set out in point one above
  • If the earlier development has not begun or if the earlier development has begun but has not been substantially completed and the LPA is of the opinion that the carrying out of the earlier development has been unreasonably slow

When considering whether the earlier development has been ‘unreasonably slow’, the LPA must have regard to all the circumstances including:

  • Where a Commencement Notice has been given, whether the development was begun by the date specified in the Notice and was carried out in accordance with any timescales specified in it
  • Any information contained in Build Out Statements and Development Progress Reports submitted in relation to the development 

Where a person applies for planning permission a LPA may by notice require the person to provide information for the purposes of its function in determining whether the power to decline to determine the application should apply and if a person does not comply with this notice within 21 days then the LPA may decline to determine the application

Timing

The Government’s intention is to bring forward new regulations to implement these proposals under the technical consultation at the earliest practical opportunity with the new build out reporting framework coming into force from 2026

Our comments

Slow build out rates for developments granted planning permission has been a persistent issue which several previous governments have sought to resolve without success. The latest proposals under the technical consultation to introduce a new build out reporting framework may improve the transparency around the building out of developments and the new power to allow LPAs to decline to determine applications may provide a ‘stick’ by which LPAs can encourage developers to build out developments faster

However, there are several other factors in practice which can substantially influence build out rates. For example, there can delays to commencing development caused by insufficient resources of LPAs to discharge pre-commencement planning conditions in a timely fashion and also the state of the property market and availability of finance can be further factors which can determine whether it is the right time and conditions for a developer to proceed with a development. Therefore, we are somewhat sceptical as to whether these latest proposals alone will have a major impact on build out rates

Note: all comments and views expressed in this blog are merely opinions and provided for information purposes only and do not constitute legal advice which can be relied upon. Should you require legal advice on a matter then please contact us

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Published by Chad Sutton