Writing for Planning, Building & Construction Today, chartered surveyor Jen Lemen BSc (Hons) FRICS of Property Elite looks at five hot topics within planning, building and construction that surveyors should be aware of
The final quarter of 2026 rounds up a year of new legislation, economic scrutiny and Government uncertainty. The top is clearly pushing for transparency and accountability across markets, as we will see in the five hot topics below, including the new Private Rented Sector Database and the introduction of Contractual Control Agreements.
The article explores five critical hot topics impacting the surveying profession in October 2026.
1. Minimum Energy Efficiency Standard (MEES) update
Currently, under MEES, properties with an EPC rating of F or G cannot be let.
The Department for Energy Security & Net Zero (DESNZ) have confirmed plans to increase the minimum rating to B from 2031 in England & Wales. This is proposed to apply to all private rented commercial properties over 1,000 sq m, unless the works required are cost-prohibitive.
The MEES target for properties under 1,000 sq ft will not change and will remain a minimum rating of E.
The government had previously proposed an interim C target from 2027 onwards, but this is no longer being pursued.
Surveyors advising clients on a variety of instructions, including valuations, market appraisals and property management, will need to be aware of the changes and advise clients in relation to timely compliance.
2. Private Rented Sector (PRS) Landlord Database
The Renters’ Rights Act 2025 sets out several transitional steps from 2026 onwards. One was introducing a PRS Database (the Register Your Rental Property service) to provide transparency and accountability across the residential rental market. This means local authorities can use the database for compliance, and tenants can verify details about a rented property before entering a tenancy.
All landlords with assured or regulated tenancies in England must register their identity as a landlord and each property they let. Registration depends on the property’s location and starts in the West Midlands on 15 December 2026, with other regions going live each month thereafter. Landlords have a 3-month registration window, after which local authorities can take enforcement action.
The registration cost is £65 p.a., and landlords must provide the following information: ownership and contact details, property details, HMO and licensing details (if appropriate), gas safety record, EICR, and EPC.
Surveyors involved in residential lettings need to be aware of and advise their clients to register within the relevant registration window.
3. New RICS expert witness guidance
Expert witnesses are also found in many areas of surveying, including rent reviews, lease renewals, complex property valuations, boundary disputes, construction defects and quantum assessments
RICS have published a Professional Standard, Surveyors acting as expert witnesses (5th Edition). The aim is to maintain the integrity of the surveying profession and protect the public interest when surveyors act as expert witnesses.
The new guidance clarifies several issues, including instructions, terms of engagement, conflicts of interest, report format, the roles of the expert vs advocate, and the expert witness’s overriding duty.
All surveyors acting as expert witnesses must be aware of and comply with the new guidance, including the specific declarations RICS require to be set out in expert witness reports.
4. New National Planning Policy Framework (NPPF) 2026
On 17 August 2026, the long-awaited National Planning Policy Framework 2026 (NPPF) was published, bringing about the most comprehensive structural and content overhaul since the original framework was released in 2012. For development surveyors, valuers and town planners, understanding the new NPPF is essential.
Introducing a firmer, rules-based approach to planning decisions, the updated framework should strengthen national support for appropriately located development.
In particular, the NPPF 2026 establishes a much clearer boundary between plan-making policy and decision-making policy. For the first time, the framework introduces national decision-making policies that are both procedural and thematic.
The original NPPF relied on continuous paragraph numbering (e.g., paragraphs 47, 48, 49), which required wholesale renumbering whenever minor revisions were made. In this iteration, each policy has its own dedicated identifier, with sub-paragraphs numbered within that specific policy.
New Policy PM1 introduces formal requirements for Spatial Development Strategies (SDS) prepared by Strategic Planning Authorities and the London Mayor. Designed to set a positive 25-year vision for sub-regional growth, an SDS establishes broad locations for housing, regeneration, strategic infrastructure and Green Belt reviews.
Crucially, under Policy HO2, the SDS establishes the overarching housing requirement figure for each local planning authority in its area. Once established at the SDS level, these housing figures will not be re-tested during individual Local Plan preparation unless a significant change in circumstances occurs. Where no SDS exists, Appendix D sets out how housing need, land supply, and the Housing Delivery Test must be calculated using the standard method.
The traditional ‘tilted balance’ under paragraph 11(d) of the former NPPF has been replaced by Policy S3, which draws a strict distinction between development within settlements (Policy S4) and development outside settlements (Policy S5).
Within settlements (Policy S4), development is now afforded a ‘default yes’ presumption and should be permitted unless adverse impacts substantially outweigh the benefits. Outside Settlements (Policy S5), the framework sets out a clear list of supportable development types, including proposals that address an evidenced unmet need (such as a failing 5-year housing land supply or a Housing Delivery Test score below 75%).
Viability has also been firmly positioned as a plan-making exercise. Under NPPF 2026, local plans must set realistic affordable housing and infrastructure targets based on up-front viability evidence.
NPPF 2026 includes many other changes, and surveyors and planners should familiarise themselves with the full scope of the new policy.
5. Contractual Control Agreements (CCAs)
The Levelling Up & Regeneration Act 2023 and the Provision of Information (Contractual Control) (Registered Land) Regulations 2026 introduce a duty to provide the Land Registry with information about rights granted by specific land agreements. The changes will come into force on 6 April 2027 in England and Wales.
These agreements must relate to registered land under the Land Registration Act 2002, i.e., freehold or a registered leasehold with >15 years unexpired at the time of the CCA grant. These include:
- Options
- Conditional contracts
- Pre-emption rights
- Certain rights associated with promotion agreements
These types of land agreements provide rights to someone (who is not the landowner) to control how the land is used or developed.
Making these agreements public knowledge will increase transparency over who controls specific parcels of land. This will, in turn, make the land market more efficient and equitable and help local authorities and communities understand who controls land in their area.
Within a CCA, the following information must be provided:
- The involved parties
- What type of right is being granted
- Affected land
- Start and end dates
- Extension rights
- Other relevant terms (see Part 5 of the Government guidance)
A duty to provide the information on the CCA arises upon a relevant event, e.g., the grant, assignment, variation, exercise or termination of the right. The information should be provided by the grantee, i.e., the party who benefits from the CCA. This will most likely be the developer or land promoter.
The information must be provided digitally by a regulated conveyancer within 60 calendar days of a relevant event. The Land Registry will then process and publish the information on a publicly accessible database.
Conclusion: Navigating uncertainty in surveying
The diverse range of hot topics highlighted in this article demonstrates the breadth and depth of technical knowledge surveyors need in today’s market. These include new legislation, planning policy, and regulatory requirements.
As markets adjust to these shifts, surveyors need to ensure that baseline assumptions, template documentation and client advice are updated accordingly. This is the single best way to mitigate professional indemnity risks, navigate commercial uncertainty and uphold public trust across the built environment.
