Jen Lemen discusses five new hot topics for surveyors for July 2026

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

As we move through the third quarter of 2026, the built environment continues to face an unprecedented pace of legislative reform, technological integration and evolving professional guidance. For property & construction professionals, being aware of these hot topics is not simply a matter of best practice; it is a core requirement of professional competence, risk management and statutory compliance.

From fundamental shifts in digital data governance to the application of emerging sustainability standards and complex valuation methodologies, the modern professional must navigate a rapidly transforming professional landscape.

This article provides an in-depth exploration of five hot topics impacting the profession in July 2026.

1. The Data (Use and Access) Act 2025 (DUAA)

The Data (Use and Access) Act 2025 (DUAA) introduced major reforms to the UK’s data protection and privacy framework. Specifically, it updates the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 (DPA) and the Privacy and Electronic Communications Regulations (PECR). The aim of the Act is to promote digital innovation, reduce compliance requirements and streamline data access, while preserving privacy rights.

Recognised Legitimate Interests:

  • What it is – the Act introduced a seventh lawful basis for processing personal data under Article 6(1) of UK GDPR.
  • Impact – when a data controller relies on an RLI, such as data processing required for crime prevention, safeguarding vulnerable individuals or national security, they are exempt from carrying out a standard legitimate interests assessment (balancing test).

Relaxed Rules on Automated Decision-Making (ADM) & AI:

  • What it is – the strict prohibition on solely automated significant decision-making under Article 22 UK GDPR has been heavily modified.
  • Impact – firms can use automated systems and AI platforms using regular personal data under standard lawful bases (such as legitimate interests). However, firms must still enforce safeguards, including informing individuals when ADM is used, allowing them to challenge a decision, and giving them the right to access a human review.
  • Surveying Context – this provides legal clarity for firms implementing automated property valuations (AVMs), algorithmic tenant vetting, credit checks and dynamic pricing models.

Clarified Subject Access Requests (SARs):

  • What it is – the Act offers administrative relief for handling SARs.
  • Impact – organisations only need to perform ‘reasonable and proportionate’ searches when an individual requests their data. It also introduces a ‘stop the clock’ mechanism, allowing companies to pause the statutory countdown if they require clarification from the applicant.

Mandatory Complaints Procedures:

  • What it is – organisations must now facilitate a clear, accessible process for individuals to submit data protection complaints directly to them (such as via an electronic form).
  • Impact – firms must acknowledge complaints within 30 days and work to resolve them before an individual escalates the matter to the Information Commissioner’s Office (ICO).

Cookies and Low-Risk Tracking Exemptions:

  • What it is – the DUAA expands exemptions under PECR regarding user consent for tracking technologies.
  • Impact – explicit user consent is no longer strictly required for low-risk, necessary functions, such as basic statistical analytics cookies, technical fault-finding or fraud detection.

Broader Scope for Scientific and Commercial Research:

  • What it is – the definition of ‘scientific research’ has been expanded to explicitly include commercial and privately-funded research.
  • Impact – this enables broader consent models, where individuals can consent to generic areas of commercial research rather than firms having to seek fresh permission for every individual future project.

2. RICS Professional Standard – Secured Lending Valuation of Properties in Multi-Storey, Multi-Occupancy Residential Buildings with Cladding (2nd Edition)

Few issues have impacted the UK residential property and mortgage markets over the past decade as much as external wall safety and cladding. The upcoming Second Edition of the RICS Professional Standard Secured Lending Valuation of Properties in Multi-Storey, Multi-Occupancy Residential Buildings with Cladding represents a significant evolution in risk assessment and valuation certainty.

While its official effective date is 1 November 2026, RICS has encouraged early adoption, making it a critical focus this summer.

The Second Edition is designed to align valuation practice with the Building Safety Act 2022. The new guidance recognises that while building safety remains paramount, the valuation process must remain proportionate, pragmatic and grounded in objective risk.

The primary objective is to ensure that valuers adopt a transparent, consistent approach, preventing market stagnation and unlocking lending for safe, remediated or low-risk multi-occupancy blocks.

The updated guidance sets out refined criteria regarding External Wall System (EWS1) forms. In the initial years following the Grenfell Tower tragedy, a cautious approach led to widespread, and sometimes unnecessary, requests for EWS1 forms across almost all residential blocks, causing substantial delays for buyers and sellers.

The 2nd edition addresses this by establishing clear, highly structured criteria that valuation surveyors must follow, including height and vulnerability thresholds, remediation assurances, and the role of professional judgement.

By removing unnecessary regulatory hurdles for lower-risk assets while maintaining robust requirements for higher-risk buildings, this updated guidance protects both secured lenders and consumers.

3. VAT, hospitality, and surveying

Value Added Tax (VAT) is often described as ‘the 20% sitting at every table’ and has a substantial impact on the financial feasibility and operational health of the hospitality and property sectors.

VAT is theoretically a neutral consumption tax: businesses collect it from customers, reclaim the VAT they paid on inputs (such as raw materials), and remit the net difference to HMRC.

However, hospitality breaks this model. A restaurant’s two largest inputs are labour (which carries no VAT to reclaim) and ingredients (which are largely zero-rated, meaning there is no input credit to offset). As a result, a restaurant collects 20% on gross revenue but has almost nothing to deduct, reducing margins to a low 3% to 5%.

This is relevant for valuers using the profits method of valuation. When valuing trade-related properties, such as hotels, pubs, or restaurants, surveyors must look past the ‘abundance’ of a gross turnover figure.

To accurately determine Fair Maintainable Turnover (FMT) and Fair Maintainable Operating Profit (FMOP), valuers must understand the unique tax burdens of the hospitality trade.

What something looks like at face value might not be the commercial reality. This is also a reminder for valuers to accept instructions only when they are adequately skilled, experienced, and competent.

The UK’s VAT registration threshold sits at £90,000. This leads to what economists term ‘bunching’, where rational, small-scale operators actively restrict their turnover (by shortening hours or closing for summer) just to stay under the threshold. Crossing it means either increasing prices by 20% (highly undesirable to most customers who cannot reclaim the VAT element) or absorbing the substantial margin impact (highly undesirable to lose 20% of turnover overnight).

HMRC’s research reveals that this ‘bunching’ behaviour is most pronounced in two specific sectors; hospitality and construction. For construction professionals, it is interesting to note that some small-scale subcontractors often employ the exact same rational behaviour discussed above, declining work packages or limiting work to stay under the VAT threshold. Understanding these micro-economic incentives is vital for anticipating supply chain risks, navigating subcontractor availability and analysing tender pricing strategies.

4. Viability and land allocation within the planning system

The tension between delivering essential local infrastructure, affordable housing, and maintaining a commercially viable development scheme remains one of the most contentious points in the UK planning system. For development surveyors, town planners and valuation professionals, navigating planning viability assessments requires robust technical knowledge and the ability to apply this to complex real-life scenarios.

At the heart of any planning viability dispute is the calculation of Benchmark Land Value (BLV). To establish a realistic BLV that satisfies both the requirements of the local planning authority and the developer client, surveyors must understand three distinct concepts of value:

  1. Existing Use Value (EUV) – the baseline of the viability assessment. It represents the value of the land in its current, lawful operational use, disregarding any prospective planning permission for redevelopment.
  2. Alternative Use Value (AUV) – in specific circumstances, a surveyor may argue that the land has an alternative, realistic use under existing planning policy (e.g., converting a light industrial unit into commercial storage). This can be utilised to adjust the benchmark, provided there is clear market demand and policy support for that alternative use.
  3. Hope Value – this represents the market’s expectation that a more valuable planning permission might be granted in the future. Crucially, under current RICS Professional Standards and national planning policy guidance, ‘hope value’ must be treated with caution. It should generally be excluded from viability assessments for planning purposes to prevent the artificial inflation of land prices, which would subsequently reduce affordable housing contributions.

Surveyors conducting these assessments must comply with the current RICS guidance and national planning policies. Assessments must be transparent, evidence-based and capable of withstanding rigorous public scrutiny at planning appeals. Striking a fair balance between an appropriate return for the landowner and/or developer, whilst meeting the legitimate planning obligations and affordable housing targets of the local authority, is essential to successfully unlocking land allocation and delivery.

5. RICS Global Guide Sustainability Practice for Surveyors

RICS has published a new Global Guide Sustainability Practice for Surveyors. This is an area of practice that is no longer a ‘nice to have’ or a specialist area; it is something that every single surveyor needs to know about and incorporate into their daily practice and client advice.

The new Guide requires surveyors to consider sustainability throughout the whole property life cycle. This includes the initial design, construction, operation, and re-use processes. Sustainability can no longer be considered in isolation or only be mentioned to clients with a specific interest in it.

RICS introduces four core environment pillars:

  1. Climate change mitigation – focusing on reducing carbon emissions across the entire property lifecycle. This references the RICS Professional Standard Whole Life Carbon Assessment (WLCA) and utilises tools such as the Built Environment Carbon Database (BBCD).
  2. Climate change adaptation and resilience – surveyors should advise clients on how to future-proof physical assets against climate risk, e.g., extreme weather, flooding, and thermal comfort requirements.
  3. Circularity and resource use – surveyors should promote a circular economy by minimising waste, prioritising material reuse and selecting sustainable, low-impact materials. A great place to read more about the circular economy is on the Ellen MacArthur Foundation website.
  4. Biodiversity and ecosystem health – surveyors should understand and protect natural capital, including mandatory compliance requirements, such as Biodiversity Net Gain (BNG).

To provide surveyors with a structured way to deliver sustainability advice, RICS has introduced a universal 7-step workflow.

When advising a client, surveyors should progress through these stages:

  1. Context – understand the high-level legal, market, and environmental context of the asset.
  2. Scope – define the boundaries of what you are assessing or advising on.
  3. Data and metrics – gather robust, high-quality data (e.g., energy performance and embodied carbon).
  4. Assessment and analysis – evaluate the data to identify risks and performance gaps.
  5. Advice – formulate clear, actionable sustainability options for your client.
  6. Action – implement the chosen strategy or support the procurement/construction phase.
  7. Learning – review the outcomes to improve performance and inform future instructions.

Conclusion

The diverse nature of these five topics highlights the potential technical breadth and breadth of knowledge required by the modern professional. Irrespective of a professional’s area of practice, however, there is always a fundamental responsibility to provide independent, ethical and legally compliant advice.

As regulatory frameworks tighten and technology continues to redefine traditional workflows, maintaining a commitment to robust continuing professional development (CPD) is the only way to ensure long-term professional success and protect the public interest.

The post Five hot topics for surveyors in July 2026 appeared first on Planning, Building & Construction Today.

Leave a Reply

Your email address will not be published. Required fields are marked *

Five hot topics for surveyors in July 2026
Close Search Window