The developments that property practitioners can expect in 2011.
This update summarises the developments relevant to the property industry that are expected to take place in 2011.
Throughout 2011, PLC Property will be following the progress of key pieces of legislation, consultations and policy developments of interest to property practitioners in the:
Britain got its first coalition government for over sixty years in May 2010. The government has now had time to get its proverbial feet under the table, and has set in place policies and plans to reduce the deficit.
The government delivered its comprehensive spending review on 20 October 2010 in which it stated that it was prioritising capital spending on projects that support long term economic growth. It is also aiming to reduce welfare costs and tackle wasteful spending including reforming the public sector, in particular shifting power from central government to the local level (see Legal update, Spending Review 2010: property implications (www.practicallaw.com/6-503-6717)).
Unsurprisingly, 2011 anticipates more of the same, with the 2011 budget taking place on 23 March 2011 (see Legal update, 2011 Budget date announced (www.practicallaw.com/1-503-8224)).
The Bribery Act 2010 received Royal Assent on 8 April 2010 but it is not expected to be implemented before April 2011. For more information, see:
The government has accepted that the legislation regulating sales of charity land needs to be more proportionate to the nature and type of disposals made by charities and that primary legislation is required to effect this change. It has decided to consider this as part of the review of the operation of the Charities Act 2006, which must begin in 2011 (see Legal update, Making it easier for charities to sell land: government response to consultation (www.practicallaw.com/5-503-2828)).
The national implementation of Part 1 of the Commons Act 2006 (CA 2006) has been delayed following a review of the pilot scheme implemented by seven commons registration authorities. It was originally intended that national implementation would begin in October 2010, but there will now be a delay until at least October 2011. For more information, see Legal update, National implementation of Part 1 of the Commons Act 2006 delayed (www.practicallaw.com/8-501-4564).
The Supreme Court is scheduled to hear the appeal of Enviroco Ltd v Farstad Supply A/S  EWCA Civ 1399 on 19 January 2011. The case is important in determining how to define "subsidiary" and "holding company" in an agreement. See:
The Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010 (SI 2010/1709) will revoke the Competition Act 1998 (Land Agreements Exclusion and Revocation) Order 2004 (SI 2004/1260) with effect from 6 April 2011. From 6 April 2011, the Chapter I prohibition will apply uniformly to all agreements without exception, removing any scope for doubt that land agreements must be properly assessed and made compatible with the Chapter I prohibition in the same way as any other type of agreement.
For more information, see:
The UK government is planning to publish a White Paper on the Natural Environment (see Legal update, Defra publishes review of nature conservation in England (www.practicallaw.com/7-503-5029)).
The Department for Environment, Food and Rural Affairs (Defra) is consulting on possible changes to the governance arrangements for the National Park Authorities and Broads Authority. The review is intended to increase the local accountability of the National Park Authorities and Broads Authority. The consultation closes on 1 February 2011. Defra will publish its response by March 2011 (see Legal update, Consultation on governance arrangements for the National Parks and the Broads (www.practicallaw.com/3-503-8826)).
Part 5 of the Legal Services Act 2007 is expected to come into force in October 2011. It will introduce alternative business structures which will enable lawyers and non-lawyers to work together to provide legal and other services.
The Solicitors Regulation Authority (SRA) proposes to adopt the new handbook for legal services, replacing the existing rules and principles, including the Solicitors' Code of Conduct 2007, from October 2011. For more information, see Legal updates:
The Law Society has introduced a new conveyancing quality scheme for residential conveyancing practices. The scheme will effectively be live from 1 January 2011. The Council of Mortgage Lenders has indicated that membership of the scheme is likely to be a pre-requisite for lender panel status in the future. For more information, see Legal update, Law Society's Conveyancing Quality Scheme (www.practicallaw.com/0-504-2373).
The Financial Action Task Force (FATF) is currently reviewing its recommendations to address new and emerging money laundering risks, as well as any existing deficiencies and loopholes. It expects to have completed its initial consideration by July 2011. It will then revise its recommendations, in light of responses to its consultations, by October 2011. For more information, see Practice note, Money laundering: FATF review of recommendations (www.practicallaw.com/4-102-5253).
In December 2010, the Department for Communities and Local Government (DCLG) published its programme to develop detailed proposals for a consultation on how to improve the Building Regulations 2010 (SI 2010/2214) and related secondary legislation. The DCLG aims to carry out more work during 2011, but has not announced the start of the next round of consultation (see Legal update, Future changes to Building Regulations announced (www.practicallaw.com/8-504-3043)).
National Grid's new approach to undergrounding high voltage electricity transmission lines is expected to be published in April 2011 (see Legal update, Consultation on the undergrounding of high voltage electricity transmission lines (www.practicallaw.com/7-504-3053)).
In March 2008, the Law Commission published a consultation with extensive proposals to simplify and modernise the law of easements, profits à prendre and covenants. The Commission intends to publish a report setting out its recommendations and a draft Bill in spring 2011. For more information, see Legal update, Law Commission Annual Report 2009-10: progress on property related law reform projects: Easements, covenants and profits à prendre (www.practicallaw.com/8-502-7175).
In October 2010, the government announced in the comprehensive spending review that:
The first sale of allowances under the CRC Energy Efficiency Scheme (CRC) will now take place in 2012, rather than in 2011. However, the first league table will still be published in October 2011 and the first footprint report and the annual report will still need to be submitted in July 2011.
Revenue raised from the sale of CRC allowances will not be recycled to participants in the scheme but instead will be used to support public finances. This highly controversial announcement lead to criticism that the scheme is now essentially a stealth carbon tax.
For more information on the announcements in the comprehensive spending review 2010, see Legal update, CRC: Government scraps recycling of revenue from the sale of allowances (www.practicallaw.com/4-503-7204).
Some commentators have suggested that the abolition of the revenue recycling payments means that the CRC is no longer revenue neutral to the government and that the cost of allowances is now akin to a tax. As a consequence, they believe that CRC costs will be much easier to recharge to tenants under existing lease clauses, since these generally make tenants responsible for the taxes charged on their premises. PLC believes this may be an oversimplication and has produced a detailed legal update examining the various issues (see Legal update, CRC: Recovery of CRC costs from tenants - will it be easier now? (www.practicallaw.com/6-503-9037)).
In November 2010, the government issued its first consultation on amendments to the CRC Energy Efficiency Scheme Order 2010 (SI 2010/768), which are aimed at:
Extending the introductory phase from 31 March 2013 to 31 March 2014.
Postponing the first sale of allowances in Phase 2 until 2013/14.
These changes will be made by the CRC Energy Efficiency Scheme (Amendment) Order 2011, which is currently in draft form. For more information, see Legal update, CRC: DECC consults on amendments to the CRC Order 2010 (www.practicallaw.com/8-503-9526).
The government has also said it will consult again in the second half of 2011 on wider changes to simplify the CRC, including on recommendations made by the Committee on Climate Change (CCC) in September 2010 (see Legal update, CRC: Committee on Climate Change advises government on significant changes to the scheme (www.practicallaw.com/8-503-4430)).
For more information on the CRC in general, see CRC Survival Kit.
On 2 November 2010, the Department of Energy and Climate Change (DECC) indicated that the proposed "pay as you save" Green Deal for energy efficiency measures will be extended to enable tenants in the private rented sector to require their landlords to undertake reasonable energy efficiency measures from 2015. The Green Deal will be introduced by powers in the Energy Bill 2010-11 (formerly known as the Energy Security and Green Economy Bill). A line-by-line examination of the Bill at the committee stage in the House of Lords begins on 17 January 2011.
DECC anticipates that it will be consulting on draft secondary legislation for the implementation of the Green Deal in autumn 2011. It is intended that the Renewable Heat Incentive, which will provide fixed annual payments for renewable heating systems, will start in June 2011. For more information, see Legal update, Green Deal proposals extended to private rented sector (www.practicallaw.com/5-503-8613).
The DCLG has committed to a consultation by December 2011 on Part L of the Building Regulations 2010 (SI 2010/2214) (conservation of fuel and power), to ensure delivery of zero carbon homes and non-domestic buildings. For more information, see Legal updates:
The Welsh Assembly Government has indicated that it wants all new buildings (not just homes) in Wales to be zero carbon by 2011. This target is considerably sooner than the 2016 target (for new homes only) proposed in England. For more information, see Legal updates:
The power to make Building Regulations for buildings in Wales has been transferred to Welsh ministers, with effect from 31 December 2011, to enable them to achieve carbon reduction targets. For more information, see Legal update, Building regulations to devolve to Wales (www.practicallaw.com/8-500-8501).
The Ministry of Justice (MoJ) plans to publish its response to its consultation on reforming Her Majesty's Courts Service (HMCS) and the Tribunals Service in spring 2011. The MoJ proposes to bring HMCS and the Tribunals Service into a single administration. For more information, see Legal update, MoJ consults on unifying courts and tribunals service (www.practicallaw.com/3-504-0886).
It is likely that some county court and magistrates' courts will close following the government's announcement that it has decided to close 49 county courts and 93 magistrates' courts (see Legal update, Government decision on court closures (www.practicallaw.com/3-504-2461)).
A consultation on orders for sale and charging orders is expected in March 2011 (see Practice note, Charging orders: March 2011 Consultation on orders for sale and charging orders (www.practicallaw.com/7-377-0347)).
The Ministry of Justice Business Plan for the next spending review period 2011-2015 states that proposals for the promotion of wider use of alternative dispute resolution, including mediation, in the civil courts will be put forward by March 2011 and any necessary legislation will be introduced by May 2012. For more information, see Article, Implementation of Jackson LJ's recommendations: when will they take effect? (www.practicallaw.com/0-501-3200).
The government announced, in the National Infrastructure Plan 2010 and its business plans for 2011-15, that it would implement measures to address flood and coastal erosion risk management (see Legal update, Environment Agency and Defra consult on flood and coastal erosion management and funding (www.practicallaw.com/9-504-0237)).
Defra will assess capacity to cope with a major flood emergency through Operation Watermark in March 2011. This will be coordinated by the Environment Agency and will test core aspects of the National Flood Emergency Framework and other arrangements across England and Wales for response to severe, wide-ranging flooding (see Legal update, Government publishes business plans (2011-2015) (www.practicallaw.com/9-503-8574)).
The sustainable urban drainage systems (SUDS) (www.practicallaw.com/7-382-2940) provisions of the Floods and Water Management Act 2010 (FWMA 2010) should come into effect in late 2011, following a consultation that is expected in spring 2011. For more information on the FWMA 2010, see Practice note, Flood and Water Management Act 2010 (www.practicallaw.com/6-501-1482).
The government expects to issue the Natural Environment White Paper in spring 2011 (see Conservation, habitats and wildlife).
The Select Committee on Environment, Food and Rural Affairs has recommended (in its report issued on 22 December 2010) that:
Defra should seek agreement with the insurance industry on a replacement regime for flood risk insurance for property and should update the Select Committee on this in June 2011. The Association of British Insurers has already indicated that the current Statement of Principles will not be extended beyond 2013.
Defra should also update the Select Committee in May and December 2011 on the effects resulting from the reduction in funding for flood protection that were announced in the comprehensive spending review 2010.
For more information on managing the flood risk in England and Wales, see Practice note, Managing flood risk (www.practicallaw.com/3-107-4437).
The Homes and Community Agency will be publishing a framework document in 2011 for providers wishing to bid to offer affordable rent tenancies. The first affordable rent tenancies will be let during 2011-12. For more information, see Legal update, Government publishes more detail on affordable rent tenancies (www.practicallaw.com/8-504-2109).
The government announced in the comprehensive spending review 2010 that it proposes introducing a New Homes Bonus, commencing in April 2011 (see Legal update, Housing Minister pledges funds to improve social housing and encourage new housing development (www.practicallaw.com/6-503-9184)).
From April 2011 local housing allowance rates will be capped at £250 per week for a one bedroom property; £290 per week for a two bedroom property; £340 per week for a three bedroom property and £400 per week for a property with four bedrooms or more. Housing benefit claimants with a disability and a non-resident carer, will become entitled to funding for an extra bedroom (see Legal update, June 2010 Budget: property implications: Housing benefit (www.practicallaw.com/4-502-5404)).
The Third Parties (Rights against Insurers) Act 2010 received Royal Assent on 25 March 2010. It is expected that the provisions in the Act will come into force on days to be appointed by statutory instrument. Most expect a date around mid-2011 once the government has completed its review of all regulations inherited from the Labour government. See:
The Law Commission for England and Wales and the Law Commission for Scotland are expected to publish a full consultation paper in early 2011 on whether an insurer should be liable for a policyholder's loss suffered as a result of a late payment or a non-payment of an insurance claim (see Practice note, Reforming insurance contract law: Issues Paper 6 on damages for late payment and the insurer's duty of good faith (March 2010) (www.practicallaw.com/9-385-2436)).
The Stevenage and Tunbridge Wells Land Registry offices are due to close by 30 June 2011. The Portsmouth office will close by 28 February 2011 (although there will be a reduced presence there until 31 March 2013). For more information, see Legal update, Closure of Stevenage, Tunbridge Wells and Portsmouth Land Registry offices (www.practicallaw.com/7-502-6483).
The Land Registry (Electronic Conveyancing) Rules 2011 are expected to be made in 2011. These will permit the creation of electronic transfers, complete with electronic signatures, and extend the use of electronic legal charges. For more information, see Practice note, Introduction of e-conveyancing (www.practicallaw.com/5-386-5394).
Amendments will be made to the land registration legislation to include alternative business structures that are being introduced by the Legal Services Act 2007 in October 2011. For more information, see Legal update, Consultation on changes to land registration legislation to include alternative business structures (www.practicallaw.com/7-504-1836).
The Supreme Court is expected to hear the leapfrog appeal of Mills and others v HSBC Trustee (C.I) Ltd and others  EWHC 3377 (Ch) during 2011. The case is important in determining whether non-competition clauses in guarantees can exclude the equitable rule in Cherry v Boultbee (1839) 4 My & Cr 442 (see Legal update, High Court considers the application of non-competition clauses in guarantees (www.practicallaw.com/0-501-1338)).
Affordable rent tenancies will be introduced to new tenants of social housing. The intention is that they will be offered to those who would otherwise be unable to afford adequate housing in the private market and will be an alternative to traditional social rent (see Housing above).
A decision is also expected in late 2011 in K/S Victoria Street v House of Fraser (Stores Management) Ltd and others  EWHC 3344 (Ch) on K/S's application for specific performance. It is hoped that the decision may clarify some of the issues that were left unanswered by Good Harvest in relation to guarantees. For more information, see Legal updates:
The Royal Institution of Chartered Surveyors (RICS) will issue a revised code on Service Charges in Commercial Property, to take effect in October 2011. The consultation draft of the new code is available for comment until 21 January 2011.
The RICS' Valuer Registration Scheme will become mandatory in the UK from 30 April 2011 (see Legal update, RICS to launch valuer registration scheme (www.practicallaw.com/0-503-4603)).
Although the Marine and Coastal Access Act 2009 (MACAA 2009) received Royal Assent on 12 November 2009, it is expected that:
The new marine licensing regime will be implemented in April 2011.
The Marine Policy Statement will be scrutinised by Parliament and should be ready by late 2011.
Potential marine conservation zones are to be identified between April 2009 and October 2011, followed by a ministerial consultation in 2011/12 and then final designation.
For more information, see Practice note, Marine and Coastal Access Act 2009 (www.practicallaw.com/0-384-4417).
On 15 October 2010, Natural England (NE) announced details of the progress it had made in implementing the coastal access provisions of MACAA 2009. In spring 2011, NE plans to start the process of implementing coastal access in more locations (see Legal update, First phase of coastal access in progress (www.practicallaw.com/1-503-6828)). However, the implementation of coastal access will be subject to the availability of funding. The comprehensive spending review 2010 made no mention of the coastal access project.
Companies House is expected to amend certain of its security registration forms on 14 March 2011. (Originally, Companies House had indicated that it would make amended versions of the forms available on its website on 4 October 2010 and, subsequently, "during January 2011"). For more information, see Legal update, Companies House security form changes (www.practicallaw.com/2-504-3404).
In March 2010, the Department for Business, Innovation and Skills (BIS) issued a consultation paper on the Companies House regime for the registration of charges created by companies registered in the UK and LLPs. The government's response indicates that it will revise the security registration regime in a number of ways in 2012 or 2013. Draft legislation is expected in early 2011 (see Legal update, Government response to BIS consultation on security registration regime (www.practicallaw.com/8-504-1794)).
The next key hurdles are:
Ratification by Parliament of the final version of the National Policy Statement on nuclear power.
Finishing the Generic Design Assessment process (see Practice note, Proposals for new nuclear power stations: Generic Design Assessment (www.practicallaw.com/7-380-1787)).
For more information, see Legal update, What to expect in 2011: environment: Nuclear power (www.practicallaw.com/3-504-2692).
When the Law Commission published its Consultation on the Simplification of Criminal law: public nuisance and outraging public decency (www.practicallaw.com/2-502-1478) in spring 2010, it stated that it hoped to publish its recommendations on whether to reform the common law offences of public nuisance and outraging public decency in November 2011 (see Legal update, Law Commission consultation on reforming public nuisance (www.practicallaw.com/5-502-1504)). We have contacted the Law Commission to ascertain whether this is still the case and are awaiting a response.
Note added on 5/1/2011: The Law Commission informed PLC Property on 5 January 2011 that they hope to publish a report towards the end of 2011 or the beginning of 2012. They do not yet have a fixed date.
The Localism Bill 2010-11 received its first reading in the House of Commons on 13 December 2010. It is expected to receive Royal Assent in late 2011. The Bill will devolve greater powers to councils and neighbourhoods and give local communities control over housing and planning decisions. For an overview of the Bill, see (Legal update, Localism Bill: implications for planning (www.practicallaw.com/0-504-2641)).
The ongoing litigation concerning the revocation of regional strategies will continue with the substantive hearing of Cala Homes' judicial review challenge listed for 17 January 2011.
For more information, see Legal updates:
New rules on Tree Preservation Orders in England are expected in 2011 (see Legal update, Consultation on changes to the tree preservation order regime (www.practicallaw.com/2-503-4602)).
A new London Plan is expected in late 2011 (see Legal update, Mayor's proposals for the new London Plan (www.practicallaw.com/8-385-9264)).
The final decision on the construction of the high speed rail link between London and Birmingham is expected in late 2011 (see Practice note, Proposed high speed rail link between London and Birmingham (www.practicallaw.com/8-502-0800)).
Work on proposals for infrastructure development identified in the National Infrastructure Plan 2010 will continue (see Legal update, Government publishes National Infrastructure Plan 2010: construction, environment and property implications (www.practicallaw.com/4-503-7181)).
The Infrastructure Planning Committee (IPC) will be abolished and replaced by a new Major Infrastructure Planning Unit (MIPU). The MIPU will be part of the Planning Inspectorate (see Legal update, The future of the Infrastructure Planning Commission and National Policy Statements (www.practicallaw.com/2-502-6739)).
Regulations to enable a development consent order that has been granted by the IPC or the Secretary of State to be changed or revoked should be introduced on 6 April 2011 (see Legal update, Consultation on procedures for revoking or making changes to development consent orders for NSIPs (www.practicallaw.com/2-503-7907)).
In spring 2011, the government is due to update its response to the Penfold Review (see Legal update, Government responds to final report of the Penfold Review of non-planning consents (www.practicallaw.com/5-503-8321)).
In April 2011, the government proposes to decentralise responsibility for setting planning application fees to local planning authorities (see Legal update, Consultation on proposed changes to planning application fees (www.practicallaw.com/5-503-9311)).
All National Policy Statements (except water supply) should be ratified by Parliament (see Practice note, Planning Act 2008: National Policy Statements (www.practicallaw.com/0-422-3073)).
New permitted development rights for schools are expected to be introduced to make it easier for parents, teachers, charities and local communities to set up free schools (see Legal update, Consultation on permitted development rights for new schools (www.practicallaw.com/7-503-6378)).
Part 4 of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (SI 2007/991) (as amended) imposes an obligation on those who have control of air-conditioning systems (with a maximum calorific output of more than 12kW) to ensure that the system is inspected at least every five years by an energy assessor. The energy assessor must provide a written report of the inspection as soon as practicable after the inspection.
The requirement to have an air-conditioning system inspected has been introduced in stages. The deadline for the possession of a valid report following the first inspection of remaining air-conditioning systems with an output of more than 12 kW was 4 January 2011. For more information, see Practice note, Energy performance certificates: Inspection of air-conditioning systems (www.practicallaw.com/3-259-4960).
The Licensing Act 2003 (Premises licences and permitted temporary activities) (Forms and notices) (Amendment) Regulations 2010 (SI 2010/2851) came into force on 1 January 2011. They prescribe the forms in relation to applications for the grant of a premise's licence, the grant of a provisional statement, the transfer of a premise's licence and a temporary event notice (see Legal update, Regulations made varying licensing forms and notices under the Licensing Act 2003 (www.practicallaw.com/2-504-1565)).
Subject to parliamentary approval (and in Wales, approval by the National Assembly for Wales), regulations to transfer private sewers and lateral drains to the ownership of the statutory water and sewerage companies are expected to come into force in April 2011. The regulations provide for an overnight transfer of ownership on 1 October 2011 (see Consultation on draft regulations to transfer private sewers (www.practicallaw.com/9-503-3147)).
The Water White Paper is due to be published by early summer 2011, which will focus on the future challenges facing the water industry relating to maintaining water supplies, ensuring water bills are affordable for consumers and reducing regulation. For more information, see Legal update, Defra invites views ahead of drafting of Water White Paper (www.practicallaw.com/5-503-7369).
The consultation on revised Pollution Prevention Guidelines 4 on treatment and disposal of private sewage closes on 14 February 2011 and the responses will be published by April 2011. For more information, see Legal update, Consultation on Environment Agency guidelines for treatment and disposal of sewage where no foul sewer is available (www.practicallaw.com/9-504-1374).
The minimum threshold rateable value for empty non-domestic property relief will decrease from £18,000 to £2,600 (in England) and £2,200 (in Wales) from 1 April 2011. For more information, see Practice note, Business rates relief for empty property: Exempt properties (www.practicallaw.com/8-502-7905).
The standard rate of VAT increased on 4 January 2011 from 17.5% to 20% (see Practice note, How to deal with the standard rate VAT increase on 4 January 2011: property aspects (www.practicallaw.com/9-504-0987)).
The definition of "exempt land" is to be amended for VAT anti-avoidance purposes to include a 2% occupation rule. The amendment is expected to apply to supplies made from early 2011. For more information, see Legal update, Disapplication of the option to tax: proposed amendments (www.practicallaw.com/3-504-1584).
Changes are expected to take effect from July 2011 to the information that must be supplied on SDLT returns. A new version of Form SDLT1 will be available in April 2011, along with revised HMRC guidance. For more information, see Legal update, Proposed changes to the information required in SDLT returns (www.practicallaw.com/4-503-9665).
A new SDLT rate of 5% for purchases of residential property where the consideration exceeds £1 million, will take effect on 6 April 2011 (see Legal update, June 2010 Budget: property implications: SDLT rates (www.practicallaw.com/4-502-5404)).
Council tax will be frozen in England for one year from April 2011 (see Legal update, June 2010 Budget: property implications: Council Tax (www.practicallaw.com/4-502-5404)).
Lennartz accounting has been abolished so that VAT recovery is restricted only to the business use of the asset. The change took effect from 1 January 2011 (see Legal update, Regulations abolishing Lennartz accounting made (www.practicallaw.com/7-504-3393)).
On 4 January 2011, the standard rate of insurance premium tax (IPT), currently 5%, increased to 6%. The standard rate of IPT applies to property insurance, so this change will be of interest to the property industry.
Also on 4 January 2011, the higher rate of IPT rose to 20% from the current rate of 17.5%, matching the increase in the standard rate of VAT that took effect on the same day.
The new rates of IPT will apply to premiums received or written by an insurer on, or after, 4 January 2011.
For more information on IPT, see Practice note, Insurance premium tax (www.practicallaw.com/7-200-9364).
On 9 December 2010, HM Treasury published a summary of responses to its consultation on changes to the taxation of furnished holiday lettings, alongside draft Finance Bill 2011 clauses implementing the government's revised proposals. These are open for comment until 9 February 2011. The draft legislation (revised if appropriate) will be included in the Finance Bill 2011, which will be published on 31 March 2011, following the Budget on 23 March 2011 (see Legal update, Furnished holiday lettings rules: consultation responses and draft legislation (www.practicallaw.com/7-504-2082)).
Future developments in other practice areas may also be of interest to property practitioners:
Environmental implications (www.practicallaw.com/3-504-2692), including the White Paper on the Natural Environment, the Energy Bill 2010-2011, nuclear power and feed-in tariffs.
Construction developments (www.practicallaw.com/1-504-1801), including implementing the changes to Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) and the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998) to reflect changes that Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009) will have on payment and adjudication under construction contracts.