Shard sunset, July

Key risks and opportunities in planning and construction

As the new Head of Real Estate at Howard Kennedy, I'd like to welcome you to the first issue of Real Estate, Real Change, Real Expertise - a quarterly newsletter from our real estate team.

As we mark the first anniversary of Keir Starmer’s government, it’s fair to say that the real estate sector has experienced one of the most active regulatory shake-ups seen at the start of any administration. From planning reform to building safety, the changes are deep-rooted, long overdue and, crucially, backed by the sector. Against a backdrop of economic pressure and geopolitical uncertainty, even necessary reform brings its own challenges. 

In this edition, we unpack the regulatory shifts affecting developers, investors, and occupiers with a special focus on planning and construction, introduced by Jade Chalmers, who has recently been appointed as our new Head of Planning and Construction.

At MIPIM and UKREiiF this year, our teams reported back a prevailing tone of cautious optimism coupled with a desire to get moving but tempered by concerns around viability, delivery risk, and the cumulative burden of regulation.

With over 30 years in the sector, I’ve seen the market’s cycles of boom and correction. This moment feels a little different: more thoughtful, more strategic. As our clients navigate complexity with purpose our role is to help them move with confidence balancing legal clarity with commercial pragmatism.  

Explore this month’s insights below or contact our team to discuss what these changes mean for your projects.

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Building Safety Levy: Are you in scope?

The government plans to raise over £3 billion through this new charge on residential developments – and the rules are shifting.

Download the full briefing

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Defective products? There's now a route to reclaim costs

Under the Building Safety Act 2022, developers can now recover costs from suppliers of faulty materials, especially where cladding is concerned.

Find out what's changed

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Building tension: Construction's new reality

Economic uncertainty is just the start. The UK construction sector is under strain from social, regulatory and environment forces too.

Explore key industry trends

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S106 under pressure: Can affordable housing delivery survive?

With development viability under strain, the system needs reform. We break down the risks and opportunities ahead.

READ THE IMPACT ANALYSIS

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Court rules on the rights to view S106 agreements

A recent decision (Greenfields v Isle of Wight Council [2025]) sends a strong message to local authorities and gives developers a clearer path to access.      

How to avoid pitfalls

Policy vs Guidance

Policy vs Guidance – what's the difference?

What used to be a clear hierarchy is becoming less so. We look at the consequences for planning decisions and appeals.

Stay up to date

Supporting You Through Change

These reforms are not just legal updates—they’re strategic shifts that affect how our clients build, invest, and operate. 

Whether you're navigating compliance, assessing risk, or planning your next move, we’re here to help you make sense of the change - and turn it into opportunity.

Contacts: