New and proposed legislation, January 2021 (UK construction focus)

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New and proposed legislation, January 2021 (UK construction focus)

New and proposed legislation, January 2021 (UK construction focus)

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February 18, 2021

Our construction team's regular guide to new and proposed legislation that will affect the UK construction industry. Parts of this update were published in Construction Law magazine's "state of play" table, number 256 on 1 February 2020 and cover news up to mid-November 2020.

Information contained in our COVID-19 articles and publications is correct at the time of print. This is, however, a constantly evolving situation across the globe and specific advice and guidance should be sought as required.

Tax/VAT
COVID-19
Building Regulations
Payment
Competition
Building Safety
Climate change
Planning
Procurement
Infrastructure

Tax/VAT
Tackling abuse of the CIS	Between March and August 2020, HM Revenue and Customs (HMRC) ran a consultation on Tackling Construction Industry Scheme abuse including "a new power to allow HMRC to correct the Construction Industry Scheme (CIS) deduction amounts claimed by sub-contractors on employer returns" and whether "some early ideas around construction supply chains would help prevent tax loss". The Summary of responses and outcome summary were published on 12 November 2020. The responses confirm the government's commitment to tackling abuse of the CIS and set out proposals on how to tackle both abuse (which were generally supported) and fraud. Further work will be done on some of the supply chain proposals in light of the responses. The responses contain the government's response to feedback to the following questions: Are there other circumstances where HMRC should allow an employer to claim CIS set-offs later in a tax year following HMRC correction of an [Employer Payment Summary (EPS)] return? Do you have any comments on the interest and penalty consequences of HMRC making these corrections to an EPS return? Are there other sources of evidence HMRC should accept as proof that a CIS deduction on account of tax has been made? Do you have any comments on HMRC being able to disregard certain evidence in deciding to use the correction power?

Tax/VAT

Tackling abuse of the CIS

Between March and August 2020, HM Revenue and Customs (HMRC) ran a consultation on Tackling Construction Industry Scheme abuse including "a new power to allow HMRC to correct the Construction Industry Scheme (CIS) deduction amounts claimed by sub-contractors on employer returns" and whether "some early ideas around construction supply chains would help prevent tax loss". The Summary of responses and outcome summary were published on 12 November 2020. The responses confirm the government's commitment to tackling abuse of the CIS and set out proposals on how to tackle both abuse (which were generally supported) and fraud. Further work will be done on some of the supply chain proposals in light of the responses. The responses contain the government's response to feedback to the following questions:

Are there other circumstances where HMRC should allow an employer to claim CIS set-offs later in a tax year following HMRC correction of an [Employer Payment Summary (EPS)] return?
Do you have any comments on the interest and penalty consequences of HMRC making these corrections to an EPS return?
Are there other sources of evidence HMRC should accept as proof that a CIS deduction on account of tax has been made?

Do you have any comments on HMRC being able to disregard certain evidence in deciding to use the correction power?

COVID-19
Economic recovery	On 17 November 2020, Alok Sharma (the Secretary of State for Business, Energy and Industrial Strategy) published a letter to those working in the construction sector and its supply chain thanking them for their "invaluable contribution in supporting the economy" during COVID-19. Sharma noted that the industry had performed a "vital" role for the last six months by "building the Nightingale Hospital, accelerating the delivery of infrastructure projects, supporting vital public services and helping the country adapt to become COVID-Secure". Sharma further emphasised that the industry can and should continue to work during the current period of restrictions, and follow government guidance on safe working. The House of Commons has published a briefing paper (13 November 2020) on the impact of COVID-19 on the UK economy. The briefing examines the "magnitude of the [consequent] recession" which it describes as "unprecedented in modern times", summarises the government policy measures introduced to mitigate the economic effects of COVID-19 and details the impact on public finances. Spending review statement In the Spending Review Statement issued on 25 November 2020, Chancellor Rishi Sunak confirmed that economic damage from COVID-19 is "likely to be lasting". The Office for Budgetary Responsibility predicts that "economic output is not expected to return to pre-crisis levels until the fourth quarter of 2022". Consequently, the UK is forecast to borrow a total of £394 billion in 2020 which is the highest recorded level of borrowing in the UK's peacetime history. Spending measures reflect the government's priority to "protect people's lives and livelihoods" and get the "country through coronavirus". The operation of the courts On 7 December, HMCTS confirmed that courts and tribunals would continue to operate within COVID-secure guidelines following the introduction of local restriction tiers in England, the current rules in Wales and local protection levels in Scotland. Court and tribunal users must continue to wear a face covering in all public and communal parts of court buildings (including robing rooms).
Safe site working	CLC letter on England's lockdown from 5 November 2020 Following the announcement of a four-week lockdown in England to 2 December 2020, the Co-Chair of the Construction Leadership Council (CLC), Andy Mitchell, wrote an open letter dated 2 November 2020 to the construction industry emphasising the government's latest guidance on the industry remaining open and how it should continue to operate safely under the CLC's guidelines. He specifically highlighted that: it is essential for manufacturers, merchants and distributors to keep operating to ensure the flow of money and materials; construction and manufacturing industry workers should continue to work; and the range of guidance relating to social distancing, use of face coverings, transport to work, amongst other related matters, can be found on the CLC website. A message to the housing industry on continuing to work securely amid COVID-19 In a letter dated 3 November 2020, the Ministry of Housing, Communities & Local Government (MHCLG) highlighted the need to adhere to the public health guidance to ensure that house building and its supply chains can continue working securely. The letter confirms that the simple Charter on safe working practice for COVID-19 remains applicable and that the CLC Site Operating Procedures (version 6) must continue to be followed. In a COVID-secure way, buying, selling, renting, repairing and maintaining a home can continue. Furthermore, the letter reiterates the important guidance on working safely during coronavirus (COVID-19) (updated 9 December 2020) provided by the government on working in other people's homes and the FMB's guidance on carrying out building work during the pandemic. Local restriction tiers from 2 December 2020 Government guidance was issued by the Department of Health and Social Care on 30 November 2020 to set out the local restriction tier system applicable from 2 December 2020, including what can and cannot be done in each tier.

COVID-19

Economic recovery

On 17 November 2020, Alok Sharma (the Secretary of State for Business, Energy and Industrial Strategy) published a letter to those working in the construction sector and its supply chain thanking them for their "invaluable contribution in supporting the economy" during COVID-19. Sharma noted that the industry had performed a "vital" role for the last six months by "building the Nightingale Hospital, accelerating the delivery of infrastructure projects, supporting vital public services and helping the country adapt to become COVID-Secure". Sharma further emphasised that the industry can and should continue to work during the current period of restrictions, and follow government guidance on safe working.

The House of Commons has published a briefing paper (13 November 2020) on the impact of COVID-19 on the UK economy. The briefing examines the "magnitude of the [consequent] recession" which it describes as "unprecedented in modern times", summarises the government policy measures introduced to mitigate the economic effects of COVID-19 and details the impact on public finances.

Spending review statement

In the Spending Review Statement issued on 25 November 2020, Chancellor Rishi Sunak confirmed that economic damage from COVID-19 is "likely to be lasting". The Office for Budgetary Responsibility predicts that "economic output is not expected to return to pre-crisis levels until the fourth quarter of 2022". Consequently, the UK is forecast to borrow a total of £394 billion in 2020 which is the highest recorded level of borrowing in the UK's peacetime history. Spending measures reflect the government's priority to "protect people's lives and livelihoods" and get the "country through coronavirus".

The operation of the courts

On 7 December, HMCTS confirmed that courts and tribunals would continue to operate within COVID-secure guidelines following the introduction of local restriction tiers in England, the current rules in Wales and local protection levels in Scotland. Court and tribunal users must continue to wear a face covering in all public and communal parts of court buildings (including robing rooms).

Safe site working

CLC letter on England's lockdown from 5 November 2020

Following the announcement of a four-week lockdown in England to 2 December 2020, the Co-Chair of the Construction Leadership Council (CLC), Andy Mitchell, wrote an open letter dated 2 November 2020 to the construction industry emphasising the government's latest guidance on the industry remaining open and how it should continue to operate safely under the CLC's guidelines. He specifically highlighted that: it is essential for manufacturers, merchants and distributors to keep operating to ensure the flow of money and materials; construction and manufacturing industry workers should continue to work; and the range of guidance relating to social distancing, use of face coverings, transport to work, amongst other related matters, can be found on the CLC website. A message to the housing industry on continuing to work securely amid COVID-19
In a letter dated 3 November 2020, the Ministry of Housing, Communities & Local Government (MHCLG) highlighted the need to adhere to the public health guidance to ensure that house building and its supply chains can continue working securely. The letter confirms that the simple Charter on safe working practice for COVID-19 remains applicable and that the CLC Site Operating Procedures (version 6) must continue to be followed. In a COVID-secure way, buying, selling, renting, repairing and maintaining a home can continue. Furthermore, the letter reiterates the important guidance on working safely during coronavirus (COVID-19) (updated 9 December 2020) provided by the government on working in other people's homes and the FMB's guidance on carrying out building work during the pandemic.

Local restriction tiers from 2 December 2020

Government guidance was issued by the Department of Health and Social Care on 30 November 2020 to set out the local restriction tier system applicable from 2 December 2020, including what can and cannot be done in each tier.

Building Regulations
Welsh Consultation	The Welsh government has issued a consultation document setting out specific proposed changes to Part L (conservation of fuel and power) and Part F (ventilation) of the Building Regulations for existing dwellings and mitigation of overheating in new dwellings. The document follows an initial consultation which took place between December 2019 and March 2020 to gather views on ways to make new homes more energy-efficient and future-proof for the introduction of low carbon heating systems. The consultation proposes ways to mitigate overheating in new dwellings by making new buildings more energy and thermally efficient, as well as ways to improve energy performance of existing buildings through reducing energy demand. Responses are requested by 17 February 2021 on whether the government's impact assessment provides a fair assessment of the costs and benefits of the proposed changes.

Building Regulations

Welsh Consultation

The Welsh government has issued a consultation document setting out specific proposed changes to Part L (conservation of fuel and power) and Part F (ventilation) of the Building Regulations for existing dwellings and mitigation of overheating in new dwellings. The document follows an initial consultation which took place between December 2019 and March 2020 to gather views on ways to make new homes more energy-efficient and future-proof for the introduction of low carbon heating systems. The consultation proposes ways to mitigate overheating in new dwellings by making new buildings more energy and thermally efficient, as well as ways to improve energy performance of existing buildings through reducing energy demand. Responses are requested by 17 February 2021 on whether the government's impact assessment provides a fair assessment of the costs and benefits of the proposed changes.

Payment
Retentions (Scotland)	In December 2019, the Scottish Government published a consultation paper and an independent report by Pye Tait on cash retentions within the construction industry. Following the consultation on the practice of cash retention in construction contracts within Scotland, which closed on 13 May 2020, the Scottish Government has now published a report on the responses: Practice of Cash Retention Under Construction Contracts: Public Consultation Findings. It concludes that further investigation is required and proposes to "work with the industry to carefully consider the emerging policy options, including the possibility of a retention deposit scheme, the phasing out of retentions completely or the viability of alternative mechanisms of assurance".

Payment

Retentions (Scotland)

In December 2019, the Scottish Government published a consultation paper and an independent report by Pye Tait on cash retentions within the construction industry. Following the consultation on the practice of cash retention in construction contracts within Scotland, which closed on 13 May 2020, the Scottish Government has now published a report on the responses: Practice of Cash Retention Under Construction Contracts: Public Consultation Findings. It concludes that further investigation is required and proposes to "work with the industry to carefully consider the emerging policy options, including the possibility of a retention deposit scheme, the phasing out of retentions completely or the viability of alternative mechanisms of assurance".

Competition
Merger procedural guidelines – consultation	On 6 November 2020, the Competition and Markets Authority (CMA) launched a consultation seeking views on proposed revisions to two of their guidance documents, CMA2 and CMA56. The updated guidance "aims to streamline the CMA’s processes, increase investigative efficiency, and emphasise the importance of cooperation and coordination with international competition agencies following the end of the [Brexit] Transition Period". The proposed updates are preparation for the UK's departure from the EU which will likely result in an increased number of multi-jurisdictional merger cases. The consultation closed on 4 December 2020, and the updated guidance is expected to be in place by the end of 2020.

Competition

Merger procedural guidelines – consultation

On 6 November 2020, the Competition and Markets Authority (CMA) launched a consultation seeking views on proposed revisions to two of their guidance documents, CMA2 and CMA56. The updated guidance "aims to streamline the CMA’s processes, increase investigative efficiency, and emphasise the importance of cooperation and coordination with international competition agencies following the end of the [Brexit] Transition Period". The proposed updates are preparation for the UK's departure from the EU which will likely result in an increased number of multi-jurisdictional merger cases. The consultation closed on 4 December 2020, and the updated guidance is expected to be in place by the end of 2020.

Building Safety
Fire Safety Bill	The Fire Safety Bill 2019-21 reached the final report stage in the House of Lords on 17 November 2020. The Lords asked the government to rethink building owner and manager duties, public registers of fire risk assessments and prevention of remediation costs being passed from freeholders to tenants. Three amendments were proposed and agreed. At the third reading to ensure the bill is effective and workable (24 November 2020), no changes were proposed to the bill's wording and the bill passed back to the Commons for consideration of the Lords' amendments of 17 November 2020.
Improving architects' competence	The MHCLG is consulting on proposed amendments to the Architects Act 1997, building on provisions in the draft Building Safety Bill to improve the competence of architects. The provisions are to improve the monitoring and maintenance of the competence of architects registered with the Architects Registration Board. Architects who do not meet the requirements may be removed from the register. The consultation also seeks views on the recognition of international architecture qualifications. The consultation will close on 22 January 2021.
External Wall Survey (EWS) reform	Following the Grenfell Tower tragedy and the consequent investigation into cladding on high-rise residential properties, the MHCLG has been collecting data on residential buildings 18 metres and above in height from a range of sources since summer 2017. The MHCLG launched the External Wall System (EWS) data collection on 18 July 2019 and has now published Building Safety Programme: estimates of EWS1 requirements on residential buildings in England (21 November 2020) which analyses the cladding coverage of residential buildings and the number of leasehold dwellings in those buildings. The publication gives estimates based on that analysis including that "one third of residential buildings greater than 11 metres in height (more than three storeys) do not need to undergo an [EWS1] process before dwellings can be sold or re-mortgages offered because there is no cladding on the building". The Royal Institution of Chartered Surveyors designed the EWS1 process to support the valuation process for high-rise residential buildings with cladding. (EWS1 is not a government or regulatory requirement.) The government press release of 21 November 2020, Government steps in to help homeowners caught up in 'EWS1' process, explains that owners of flats in buildings without cladding will no longer require an EWS1 form to sell or re-mortgage their flat. EWS1 is a fire review process to assess the fire safety of external walls but, until now, it has also been applied to buildings without cladding. The government has also committed to training more EWS1 assessors to speed up the valuation process where an EWS1 is required and is considering how to tackle the issues relating to the availability of professional indemnity insurance for assessors.

Climate change
Preparation for COP26	COP26 With the UK due to host the 26th UN Climate Change Conference of the Parties (COP26) in Glasgow on 1-12 November 2021, the first COP26 sponsors have been announced. (See First sponsors for COP26 announced with one year to go until the climate summit.) The "partnerships demonstrate the COP26 Presidency’s commitment to working with businesses who have credible science-based carbon emission reduction plans that are in line with the goals of the Paris Agreement". The House of Commons has published a report (24 November 2020) in preparation for COP26, setting out the results of a survey conducted by the Parliamentary Office of Science and Technology, to collate experts' views on government preparation for the conference. The report includes recommendations on how COP26 should be approached.
Green Horizon Summit	In the run up to COP26, the government has emphasised the importance of financial institutions committing to net zero. The Green Horizon Summit was held on 9-11 November 2020 and covered five major themes: Reporting, Risk Management and Return; Financing the Energy Transition; Infrastructure and Green Growth; Financing Resilience and Adaptation; and Nature and Net Zero. The aim was to focus on concrete actions and commitments that financial firms need to make ahead of COP26. The summit was used by UK COP26 Adviser and UN Special Envoy, Mark Carney to launch the financing roadmap for the net zero transition.
Keeping momentum on climate action and ambition	COP26 President, Alok Sharma delivered a speech at the opening of the UN Climate Change Dialogues 2020, focused on keeping up momentum on climate action in relation to the Paris Agreement. He called for more ambitious nationally determined contributions: long-term strategies setting out pathways to net-zero emissions; climate finance commitments to support the most vulnerable; and adaptation plans and policies ahead of the Climate Ambition Summit 2020. He also stated that, to succeed, progress needs to be made on vital negotiating issues and that non-state actors must be involved in the process.
The UK Ten Point plan to transform our environment	Ten Point Plan for a Green Industrial Revolution The Prime Minister set out his ten point plan for "a green industrial revolution which will create and support up to 250,000 British jobs" on 18 November 2020. The plan will "mobilise £12 billion of government investment to create and support highly-skilled green jobs in the UK, and spur over three times as much private sector investment by 2030". The plan is built around the UK’s strengths and includes: increasing offshore wind to power homes; generating more low carbon hydrogen; advancing nuclear as a clean energy source; accelerating the transition to electric vehicles; focusing on public transport, cycling and walking; giving support to difficult-to-decarbonise industries (e.g. aerospace and maritime); making our homes, schools and hospitals more energy-efficient; becoming a world leader in carbon capture; protecting and restoring our natural environment; and making the City of London the global centre of green finance. New government investment to deliver on the plan includes an extra £200 million of new funding to create two carbon capture clusters by the mid-2020s, £1.3 billion to accelerate the roll-out of charge points for electric vehicles, £582 million in grants for those buying zero or ultra-low emission vehicles and £500 million for the development and mass-scale production of electric vehicle batteries. You can read more detailed summaries and commentary on the Ten Point Plan here: Levelling up to Net Zero: Boris Johnson’s blueprint for a Green Industrial Revolution and here What the UK Government’s Ten Point Plan means for CCUS.
Green Homes Grant – extension granted and public opinion sought	The government announced that homeowners across England will have until the end of March 2022 to have energy efficiency upgrades to their homes completed through the Green Homes Grant Voucher Scheme. The scheme funds up to two-thirds of the cost of green home improvements up to £5,000, or 100% of the cost for homeowners on low incomes. £1 billion will be available next year into making new and existing homes and public buildings more efficient. The Environmental Audit Committee is seeking public opinion from those seeking to access the Green Homes Grant. The survey will seek information concerning what measures applicants are hoping to get and how applicants have found the process of applying. The Committee will use the results to inform its recommendations in its report to government.
CDBB explores how UN SDGs and age dependency intersect to create "four futures"	The Centre for Digital Built Britain has published a summary of its Four Futures, One Choice. The four scenarios help envision the future to inform decisions made today. The report provides an insight into how swift and decisive actions will not only aid the COVID-19 recovery, but also help develop a better environment for our future.
UK government launches taskforce to support drive for 2 million green jobs by 2030	The government has launched a new Green Jobs Taskforce to set the direction for a new, high-skill, low-carbon focused job market and ensure the UK has the immediate skills needed for "building back greener". The taskforce will develop a long-term plan that charts out the skills needed to help deliver a net-zero economy, to ensure good quality green jobs and a diverse workforce and to support workers in high carbon transitioning sectors.
UK steps towards net zero	UK Net Zero Business Champion As part of the plan to achieve the UK's net zero targets by 2050, the government has appointed Andrew Griffith MP as the UK’s Net Zero Business Champion. His role will be to help businesses make credible plans to transition to net zero by 2050 or earlier, and to work together in achieving that target. Urgent action needed to address housing emissions crisis The Royal Institute of British Architects (RIBA) has reported that the UK has very energy-inefficient housing. Home working patterns necessitated by the COVID-19 outbreak have contributed to the increase in emissions. In its report, Greener Homes – Decarbonising the Housing Stock (11 November 2020), RIBA has called for urgent government action to address the UK housing emissions crisis. New climate target for 2030 Following the announcement of the Prime Minister's Ten Point Plan, the government announced an ambitious new climate target ahead of [the] UN Summit (the Climate Ambition Summit, which took place on 12 December and coincided with the fifth anniversary of the Paris Agreement). The new plan aims for a reduction of at least 68% in greenhouse gas emissions by the end of the decade, compared to 1990 levels. Recent steps to achieve net zero Recent steps taken to reach net zero, include: ending the sale of new petrol and diesel vehicles by 2030 and all new vehicles being zero emission from 2035; and introducing new laws against illegal deforestation through the Environment Bill, following recommendations from the Global Resource Initiative Taskforce. The Greenhouse Gas Emissions Trading Scheme Order 2020 The Greenhouse Gas Emissions Trading Scheme [(ETS)] Order 2020 becomes effective from 1 January 2021 when the Brexit Transition Period expires and the UK’s participation in the EU ETS ends. A replacement carbon pricing policy is therefore required to stimulate emissions reduction from large industry emitters within the industrial, power and aviation sectors currently participating in the EU ETS. The Order will underpin government plans to encourage industry to work towards cost-effective emissions reductions which will contribute to the UK’s emissions reduction targets and net-zero goal.
The Environment Bill	The Environment Bill returned to Parliament in November 2020 after a pause due to the COVID-19 outbreak. The Public Bill Committee has now completed its work on The Environment Bill. The bill is now due to have its report stage and third reading on a date to be announced. It will facilitate the government’s vision set out in the 25 Year Environment Plan: more specifically, by enhancing wildlife, tackling air pollution, transforming how we manage our resources, and waste and water supply resilience. The bill will put the environment at the heart of government policy-making and ensure government accountability.
Government sets out world-leading new measures to protect rainforests	The Environment Bill introduced in November includes legislation that will make it illegal for larger businesses to use products unless they comply with local laws to protect natural areas. The new bill will require greater due diligence from businesses and make it illegal for UK businesses to use key commodities if they have not been produced in line with local laws protecting forests and natural ecosystems. The law will also mean businesses will need to be more transparent about from where they source key commodities.

House building
Help to Buy: Equity Loan scheme (2021-2023)	Homes England announced on 16 November 2020 that first-time buyers who want to buy a new-build home can apply for the new Help to Buy: Equity Loan scheme from Wednesday 16 December 2020. Under the scheme, homebuyers can borrow up to 20% (40% in London) of the cost of a newly built home from the government. Unlike the 2013-2021 scheme, the loan will now only be available to first-time buyers. In connection with the Equity Loan scheme, Homes England has: updated its Help to Buy scheme guidance, Homebuyers' guide to Help to Buy: Equity Loan (2021-2023), covering changes in the new 2021-2023 scheme and explaining how the equity loan works, how first-time buyers can apply and how the equity loan is repaid; and published guidance, Help to Buy: Equity Loan (2013-2021) participation and registration pack, on the participation and registration by house builders for the Help to Buy: Equity Loan scheme 2021-2023 which sets out an overview of the scheme, details of how to register and the role Help to Buy agents play
The charter for social housing residents: social housing white paper	The MHCLG published the charter for social housing residents: social housing white paper on 17 November 2020 setting out reforms to speed up the complaints procedure for residents whilst making landlords more accountable. The proposal gives residents better access to the Housing Ombudsman along with a new information scheme for tenants of housing associations that introduces "tenant satisfaction measures that landlords will have to report against". In its response to the white paper on 17 November 2020, RIBA welcomed proposals that place greater responsibility for safety on landlords but explained that the white paper fails to address the "root causes of poor quality and lack of safety" that lead to the development of "sub-standard homes".
Government to review Right to Build legislation	On 30 October 2020, the government announced it will launch a review of the Right to Build legislation designed to make it easier for people to build their own homes. The review will examine the effectiveness of the current arrangements that support self-building and whether they "increase land available to support these homes".
Government investment in homes and jobs tops £1.8 billion to support a housing-led recovery	Homes England announced on 11 November 2020 that investment delivered through the government’s Housing Infrastructure Fund Forward Funding has passed £1.8 billion since it launched in 2017. The programme aims to deliver up to 300,000 new homes across England by providing local authorities with grants to fund new infrastructure projects and unlock land for homes in areas of high demand.
The Energy Performance of Buildings (England and Wales) Regulations	The government published its response to the consultation on changes to the Energy Performance of Buildings Directive ((EU) 2018/844) on 20 November 2020 to help improve the energy efficiency of buildings and reduce carbon emissions. The proposed amendments will be made by changes to the Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2020. The consultation proposed to increase the threshold of the current air-conditioning inspection regime to include only air-conditioning systems and combined air-conditioning and ventilation systems with an effective rated output of more than 70kW. On the basis of stakeholder responses and consideration of the cost benefit analysis, the government plans to diverge from the European Commission's proposal and keep the existing threshold for inspection at 12kW.
Energy efficiency of existing homes	On 2 November 2020, the Environmental Audit Committee held an evidence session as part of its inquiry looking into the energy efficiency of existing homes. MPs considered evidence from a panel of experts whose findings will feed into the wider inquiry looking into the government's manifesto commitments and proposed strategies on energy efficiency.
Housing Supply; net additional dwelling statistics consultation	The MHCLG published the outcome of the consultation on housing supply; net additional dwellings statistics on 26 November 2020. The housing supply; net additional dwellings statistics (Net Additions) is an official measure of housing supply. Under current policy, the figures are revised every 10 years but the consultation proposed that this be changed so that local authorities can revise the previous year's figures. Broadly, responders felt that the proposed changes would improve consistency across national and local statistics, which will in turn likely improve the accuracy of test results. The MHCLG is to proceed with the proposed changes but is not taking up proposals on how to accurately monitor the net delivery of affordable housing and improve the accuracy of historical results.
Self-build homes	The government issued a press release on 30 October 2020, announcing a review of the law, intended to make it easier for people to build their own homes. It was also announced that the register of those looking to build in their local area, which is currently kept by councils, will have to be published annually to promote transparency. Councils are encouraged to factor in the demand for self-build homes when making planning decisions in their area.

Planning
Green Belt	The House of Commons Library has published a briefing on Green Belt in England. The briefing sets out current Green Belt planning policy, under which local authorities define Green Belt land and alter boundaries in their local plans, and addresses how well current policy is working. It notes that opinions on Green Belt policy and how far it goes are often divided. The briefing focuses on the future of Green Belt and, in particular, the proposals set out in the white paper, "Planning for the Future". Under the white paper proposals, Green Belt land will fall into a protected category and existing protections will remain when it comes to calculating housing need. The briefing also discusses how the white paper proposals have been received, noting concerns around the need for a more nuanced approach and the need for Green Belt reform more generally.
Planning Inspectorate updates procedural guidance on planning appeals	The Planning Inspectorate's Planning appeals: procedural guidance has been updated to reflect changes introduced to the planning appeals procedure under the Business and Planning Act 2020 in July 2020. The guide applies to: planning appeals; householder development appeals; minor commercial appeals; listed building appeals; advertisement appeals; and discontinuance notice appeals.
CLC response to Planning for Future consultation proposes "fourth zone"	In its response to the MHCLG's Planning for the Future consultation, the CLC has called for the creation of a "fourth zone" to facilitate "tricky" regeneration opportunities that have been blocked by existing planning rules up to now. The CLC’s proposed "fourth zone" sites would set long-term growth objectives, would not be constrained by an initial outline plan and would build on the government’s commitment to level up parts of the country where regeneration would deliver on real, social and economic outcomes.
Scottish plans for investment in data and technology system	The Scottish Government plans to make a £35 million investment in a five-year new data and technology system. This will encourage collaboration within the planning sector and enable the general public to more easily plan their spaces. The new technology will streamline the application and assessment process. Additionally, it will give planners the tools and data they need to collaborate and improve decision-making, making it easier to understand the planning process and get involved at every stage.

Procurement
New Procurement Policy Note (PPN 08/20) – Find a Tender	In preparation for changes arising from the end of the Brexit Transition period, the Cabinet Office has issued a new Procurement Policy note (PPN 08/20) directed at contracting authorities and their legal obligations under The Public Procurement (Amendment Etc.) (EU Exit) Regulations 2020 and The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2020. The note reminds contracting authorities of the new UK e-notification service called Find a Tender on which new procurements will be required to be published as of 11pm on 31 December 2020. New procurements will no longer be published in the Official Journal of the European Union. Contracting authorities are requested to make their suppliers aware of this important change. PPN 08/20 applies to all contracting authorities, including central government departments, executive agencies, non-departmental public bodies, wider public sector, local authorities, NHS bodies, and utilities in respect of procurements regulated by the Public Contracts Regulations 2015, the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016 and The Defence and Security Public Contracts Regulations 2011. The note contains further practical guidance and requirements.
The draft Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (2020 No. 1319)	The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (2020 No. 1319) (PPAR 2020) ensure that retained EU law in the field of public procurement operates effectively after the Transition Period ends on 31 December 2020 (after which these regulations come into force). PPAR 2020 revokes the Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/560) (first exit SI) and the Public Procurement (Amendment etc.) (EU Exit) (No 2) Regulations 2019 (SI 2019/623). PPAR amends or removes provisions that are inoperable, inappropriate or would otherwise prevent the legislation from functioning effectively after the end of the Transition Period.
The draft Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020	To achieve a similar goal to PPAR 2020 in Scotland, draft Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 addresses the deficiencies arising in Scottish procurement legislation after the end of the Transition Period. It amends and removes provisions which are inoperable or no longer appropriate, including those that currently govern procedures for award, remedies and review of public contracts. Whilst recognising that the UK will join the World Trade Organisation's Government Procurement Agreement (GPA), this instrument revokes and replaces the Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (2019/112), the Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (2019/114) and the Public Procurement etc. (Scotland) (Amendment) (EU Exit) (Amendment) (No. 2) Regulations 2019 (2019/414)

Infrastructure
Treasury announces National Infrastructure Strategy to upgrade UK Infrastructure	HM Treasury published the National Infrastructure Strategy (NIS) on 25 November 2020 setting out its plans to upgrade UK infrastructure for the benefit of all of the UK. The policy paper outlines the government’s short- and long-term plans to: transform the UK’s infrastructure networks by supporting private investment; level up the country and strengthen the Union; and achieve net zero emissions by 2050. The NIS is based on expert advice from the National Infrastructure Commission and the response to its assessment of infrastructure needs carried out in 2018. To achieve the plans, the focus will be on the following issues: stop-start public investment; insufficient funding for regions outside London; slow adoption of technology; policy uncertainty that undermines private investment; and project delivery affected by delays and cost overruns.
Summary of Feedback on the Infrastructure Finance Review consultation published	HM Treasury and the Infrastructure and Projects Authority have published the Infrastructure Finance Review: summary of consultation feedback (25 November 2020). The original public review closed on 5 June 2019 and received 117 responses from many sectors, including: financial services; not for profit, public sectors; trade bodies; professional bodies; accounting firms; academia; utilities; construction; consultancy; legal; and individuals. Whilst respondents agreed that the UK has one of the most active infrastructure markets in the world, the following future market challenges were raised: new technologies; market capacity and vulnerability; and the role of the European Investment Bank.
ACE responds to Scottish consultation on Draft Infrastructure Investment Plan	The Scottish Government's Draft Infrastructure Investment Plan for the financial years 2021-22 and 2025-26 sets out proposals for the long-term vision for infrastructure, how decisions are to be made and further improvements on the approach to infrastructure. The subsequent consultation covered four themes: the inclusion of natural infrastructure; a common investment hierarchy approach; assessing the impacts of proposed infrastructure; and assessing the carbon impact of future plans. Following a request by the Scottish Government to gather industry responses to the consultation, the Association for Consultancy and Engineering (ACE) Scotland released its consultation response on 17 November 2020 (Shaping a long-term vision for Scottish infrastructure). ACE's recommendations covered the following: the inclusion of "natural infrastructure" in the definition of infrastructure; prioritising re-use over new-build investments; including connectivity as a key indicator; and using the "five capitals" model to measure successful outcomes, including whole-life carbon analysis and assessments for meeting national net zero targets.

To access the original version of this update as published in Construction Law magazine's "State of Play" table, number 256"on 1 February 2021, click here. You can subscribe to Construction Law's newsletter here.