Reforms may remove construction legal blockers for major projects

The government has announced that judicial review reforms are under consideration to unblock major housing and infrastructure projects

The reforms to remove construction legal blockers could accelerate 150 major infrastructure decisions, as well as thousands of new homes.

This would be achieved by essentially nullifying ‘weak’ legal challenges that delay project decisions.

These measures are already in place for NSIPs

Nationally Significant Infrastructure Projects (NSIPs) already enjoy this benefit as per the Planning and Infrastructure Act 2025, so the current consultation is about extending it to other major housing, transport, and energy developments.

This would include affordable housing projects, road building, and solar projects.

The potential reforms will be targeted and utilise measures such as limiting the number of attempts in which a claim can be brought and introducing clearer court timetables to stop weak challenges from holding up important projects.

The consultation on these measures will last for six weeks, seeking views on whether the reforms should focus on major infrastructure projects and strategically important developments, as well as how changes can best be targeted to avoid pressuring court resources.

Minister for courts and legal services, Sarah Sackman KC MP, said: “Britain needs more homes, better transport links and new infrastructure. Legal challenges which lack merit should not be allowed to hold back the developments that create jobs, drive growth and strengthen communities.

“Judicial review will remain a vital safeguard, but it cannot be a vehicle for delay. We want to protect access to justice while getting nationally important projects built faster.”

Government Major Projects Portfolio receives update

Earlier this month, NISTA released an updated analysis of the government’s Major Project Portfolio in which they highlighted that the majority of projects have a high confidence of delivery, with 17 being given a green rating, meaning likely to be delivered, and 21 being given an amber rating, meaning that it is feasible they will be delivered.

Since the previous iteration of the report in 2025, 18 projects had improved from an amber rating to green, and one improved straight from a red rating to a green.

Becky Wood, chief executive of NISTA, said: “Delivering some of the government’s most ambitious and complex programmes is never easy, so it is expected that projects will face different challenges and perform differently at various stages of delivery. These assessments should not be seen as a definitive judgement on whether a project will ultimately succeed or fail. Instead, they provide an early warning, helping us identify risks sooner, understand where pressures are emerging, and work with departments to address issues before they become more serious.

“By making better use of performance data, strengthening independent assurance, and providing access to expert advice, NISTA can help ensure that project teams receive the right support at the right time – improving the likelihood that major government programmes are delivered successfully for the public.”

Read more about the update here.

The post Construction legal blockers to be removed in judicial reforms appeared first on Planning, Building & Construction Today.

Leave a Reply

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

Construction legal blockers to be removed in judicial reforms
Close Search Window