Real Estate Bulletin - December 2025

Looking ahead in real estate ...2026

We take a look at some of the real estate developments we can expect to see in 2026.

Consultation: Legislative proposals to address broadband rollout in leasehold flats

As part of the budget, the government announced it planned to issue a consultation on measures to create a new right for residential leaseholders to request a gigabit broadband connection and a duty for freeholders not to unreasonably refuse the request in the ‘next few weeks’.

On 15 December 2025, the government published the consultation. The consultation proposes that a new leaseholder right to request a gigabit-capable broadband connection will be implied into an existing lease. The consultation sets out that it ‘would be applicable to buildings that contain more than one dwelling such as flats’ and that it will apply to ‘any lease over 21 years when originally granted, and which is primarily used for residential purposes’.

The consultation states that the right to request will be supported by a duty placed upon freeholders not to unreasonably refuse a gigabit-capable broadband request. The consultation sets out that the ‘right to request does not grant network operators any automatic rights of access under the Code’ and that ‘operators would still need to secure Code agreements’. The consultation notes that the policy is intended as a ‘nudge measure’.

The consultation also sets out a proposed process that a freeholder must follow when a request is received. In terms of costs, the consultation proposes that ‘the freeholder should be able to pass on reasonably incurred costs, if any, when complying with the duty on to leaseholders, including those that did not make requests, through existing service charge arrangements’. Where a freeholder does not comply the consultation proposes that the ‘enforcement mechanism should be the same as the existing mechanisms before the County Court for breach of the terms of a lease’.

Equivalent rights are not proposed for commonhold unit owners or leaseholders of houses or commercial premises. The government also states that it does ‘not propose to include social housing within our measures but, will consider the position of shared owners with a private freeholder’.

Further details are set out in the consultation which closes on 16 February 2026.

Behind the Build – Clients on Location!

This Christmas edition of Behind the Build takes place at 10 King William Street, directly above Bank Underground station, showcasing an overstation development project.

National Planning Policy Framework

On the 16 December 2025, the government published a consultation National Planning Policy Framework: proposed reforms and other changes to the planning system. The government notes that a draft NPPF has been published alongside this consultation and both documents should be read together.

The consultation also asks questions related to Energy thresholds and data centres, standardised inputs in viability assessments and reforming site thresholds.

The proposals relate to England only and the consultation closes on 10 March 2026.