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RE:UK backs proportionality in higher-risk building work categorisation, clearer rules for mixed-use buildings, and guidance on when minor works trigger building control gateway escalation
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HMRC update to VAT Notice 742A: output tax on opted land and buildings held at VAT registration cancellation (section 12.1), 26 May 2026
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Property law weekly update: leasehold and commonhold reforms; RRA 2025 PRS monitoring; enfranchisement, section 21 and frustration; minerals compensation; energy fees, carbon framework; VAT opting; Scottish LBTT (28 May 2026)
In this issue: Key developments and horizon scanning Residential property Statutory compliance Environment, energy and buildings Property development Easements, rights and covenants Property taxes Property in Scotland LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers Key developments and horizon scanning Committee calls for Commonhold and Leasehold Reform Bill reforms to be brought forward On 27 May 2026, after reviewing the draft Commonhold and Leasehold Reform Bill in pre-legislative scrutiny, the Housing, Communities and Local Government Committee issued its findings. It urges ministers to introduce a suite of amendments to the final legislation so it genuinely caps ground rents, strengthens homeowner control and stamps out excessive charges, and to go further by establishing an independent regulator for managing agents. The paper backs the proposed £250 per annum ceiling on...
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DESNZ consultation response on energy infrastructure planning fees: widespread opposition to fixed fees for DCOs and Necessary Wayleaves; preference for tiered models; implementation deferred to 2027–28
Following consultation conducted between December 2025 and February 2026, the Department for Energy Security and Net Zero (DESNZ) has released a summary of responses on proposed alterations to fees for energy infrastructure planning applications......
Trusts of land for property lawyers—overview
Creation Trusts of land may:
- be established expressly: under section 53(1)(b) of the Law of Property Act 1925 (LPA 1925), any declaration of trust must be “manifested and proved” in writing and signed by a person capable of declaring the trust; the declaration may appear in a transfer to the registered proprietors, in a separate trust deed, or within another (less formal) written document;
- arise from the conduct of the parties;
- be imposed by statute, for example where land is transferred to two or more persons (LPA 1925, ss 34, 36).
The register maintained by HM Land Registry records the holders of the legal estate only. It does not show the beneficial (equitable) interest, which may or may not mirror the legal title; therefore, the Land Registrar is not affected with notice of a trust and particulars of any trust will not be entered on the register. That said, beneficiaries’ rights can be protected by making an appropriate entry on the register (see Protection of beneficial interests below). Since 1 January 1997, property acquired or held by co-owners...
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On 1 June 2004, the second edition of the Standard Commercial Property Conditions came into effect, and those...
Resulting trusts represent one of the three species of trust that do not need to be declared or evidenced in writing at all. The others are constructive and implied trusts, though it is arguably doubtful whether any implied trust exists that is not in reality either a resulting trust or a constructive trust (‘implied’ in this setting often being used simply as a synonym for ‘resulting’ or ‘constructive’). Categorisation of resulting trusts Resulting trusts are either presumed or automatic. A presumed resulting trust arises where: there is a voluntary transfer of property by one person to another; or title to property is placed in the name of someone other than the person who provided the purchase money or other consideration for the acquisition An automatic resulting trust arises where the disposing party has failed to dispose of the entirety of their legal and beneficial interest in the property that is the subject of the disposition. Presumed resulting trusts Voluntary conveyance The presumption of a rebuttable resulting trust arises on the voluntary transfer of personalty. However, the position is less clear in relation to land, having regard to section 60(3) of the Law of Property Act 1925 (LPA 1925)...
On 27 April 2017, the third edition of the Standard Commercial Property Conditions was released and subsequently revised...
In broad terms, the doctrine of overreaching permits purchasers (including tenants and mortgagees) acting in good faith for money or money’s worth to rely exclusively on the legal title. For registered land, this refers to the entries on the register of title, which records ownership of the legal estate and does not concern itself with equitable interests. A buyer taking a legal estate in land from trustees will not be affected by any trusts on which the land is held if the purchase price is paid to all the trustees (there must be at least two) or to a trust corporation. Payment in that form results in the beneficiaries’ interests being ‘overreached’. This is commonly called the 'two trustee' rule. Overreaching also occurs on sales: under the powers of the Settled Land Act 1925 by a mortgagee (see Overreaching by a mortgagee) or personal representative under a court order This Practice Note addresses only sales by trustees of land. What happens to the equitable interests? ...
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