New CPO rules: What local authorities need to know about conditional confirmations

The Compulsory Purchase of Land (Conditional Confirmation) Regulations 2026 take effect on 11th April, introducing formal procedures for orders confirmed with conditions

New regulations setting out how local authorities must seek final approval for compulsory purchase orders (CPOs) confirmed subject to conditions come into force next month, providing long-awaited clarity on the process.

The Compulsory Purchase of Land (Conditional Confirmation) Regulations 2026, laid before Parliament yesterday (18th March), establish the statutory framework for ‘non-Ministerial orders’ – CPOs confirmed conditionally under section 13BA of the Acquisition of Land Act 1981 where the acquiring authority is not a government minister.

What has changed?

Under powers inserted by the Levelling-up and Regeneration Act 2023, confirming authorities can now confirm CPOs conditionally. These orders do not become operative until the conditions imposed have been met and the confirming authority has formally decided they are satisfied.

The new regulations prescribe exactly how authorities must apply for that final decision, the timeframes involved, and the rights of objectors to make representations.

Key procedures for local authorities

• Making an application: Authorities seeking confirmation that conditions have been met must submit a written application to the confirming authority, setting out the basis on which they consider the conditions satisfied. Supporting information may accompany the application.
• Acceptance or rejection: Confirming authorities have 10 working days from receipt to notify the applicant whether the application complies with requirements. If accepted, the confirming authority must notify the acquiring authority and, where relevant objectors exist, each objector individually.
• Objector representations: Relevant objectors have 15 working days from notification to make written representations on whether conditions have been met. Confirming authorities may specify longer periods where appropriate.
• Right of reply: Acquiring authorities may submit further written representations responding to objectors’ submissions within 15 working days of receiving copies.
• Further information: Confirming authorities may request additional information from either party after relevant representation periods have expired.
• Decision-making: Confirming authorities must take into account all information properly submitted and may disregard information received outside the prescribed procedures. Decisions cannot be made until representation periods and any extended information-gathering periods have expired.
• Notification: Written notice of the decision must be provided to both the acquiring authority and each relevant objector, including full reasons. Where conditions are deemed met, authorities must then serve copies of the order and a ‘fulfilment notice’ on all persons originally served under section 12 of the Act, and affix and publish the fulfilment notice near the land.

Practical implications

The regulations bring much-needed procedural certainty to a relatively new power. For local authorities, the key takeaways are:

• Plan ahead: Factor the 15-working-day representation periods into project timelines

• Engage objectors early: Clear communication may reduce late-stage representations

• Maintain records: Decisions hinge on demonstrating conditions have been met – documentary evidence is critical

• Budget for publication: Fulfilment notices require local advertising and site notices once conditions are satisfied

Ministerial orders

The regulations also cover ‘Ministerial orders’ – CPOs made conditionally by government ministers. These involve additional steps, including written statements, consideration by the ‘appropriate authority’ (which may include joint working with the planning minister), and similar representation rights for objectors.

No significant impact anticipated

The explanatory note confirms that no full impact assessment has been produced, as ‘no, or no significant, impact on the private, voluntary or public sector is foreseen.’ The regulations are designed simply to operationalise existing powers.

Coming into force

The regulations apply to CPOs subject to confirmation under Part 2 of the Acquisition of Land Act 1981 by a confirming authority other than the Welsh Ministers, or prepared in draft under Schedule 1 by an acquiring authority other than the Welsh Ministers. They take effect on 11th April 2026.

For local authorities navigating the conditional confirmation process, the message is: follow the procedure, respect the timelines and document everything.

Photo: Romain Dancre