Property Law Update - September 2026
Conveyancing Changes in 2026
September 2026 has already brought a number of important developments affecting property transactions in England and Wales, from progress on major leasehold reforms to changes in HM Land Registry procedures and plans to make the process of buying a home more certain.
Not all of these developments represent immediate changes to the law. Some are procedural changes that conveyancers must now follow, while others are significant reforms that the Government intends to introduce in the future.
For anyone buying, selling, extending a lease, dealing with commercial property or considering a new-build purchase, understanding what has changed - and what has not yet changed - can help avoid confusion.
Here, Howard & Co. explains the key conveyancing and property law developments announced or introduced since 1 September 2026.
1. Leasehold reform moves closer - but the major changes are not in force yet
One of the most significant developments for residential property owners concerns the Government's ongoing leasehold reforms.
On 7 September 2026, the Government updated its consultation concerning the valuation system that will eventually be used when leaseholders extend their lease, purchase their freehold or buy out their ground rent.
The reforms originate from the Leasehold and Freehold Reform Act 2024 and have the potential to substantially change the cost and process of extending residential leases.
Under the planned system, qualifying leaseholders could ultimately benefit from:
- a lease extension of 990 years with no ground rent;
- the removal of marriage value from the statutory calculation;
- a cap on the ground rent used when calculating the cost of extending a lease or purchasing the freehold;
- a new standardised valuation method; and
- changes to the legal and valuation costs leaseholders may be required to pay.
Why is the removal of marriage value important?
Marriage value can currently have a significant impact on the cost of extending a lease where the remaining term has fallen to 80 years or fewer.
Its removal could therefore reduce the premium payable by some leaseholders when extending shorter leases.
Have the new lease extension rules started?
No. This is an important distinction for leaseholders considering whether to extend a lease now.
The Government has confirmed that further work is required before the new valuation system can come into force. This includes consultation on the rates used in the calculation, secondary legislation and amendments expected through further leasehold legislation.
The current consultation on valuation rates is due to close on 21 October 2026.
Leaseholders should therefore avoid assuming that the proposed 990-year lease extension or new valuation rules currently apply to their property.
If your lease is becoming shorter, particularly where it is approaching or has passed the 80-year point, it may be sensible to obtain advice about the current procedure rather than automatically waiting for future reforms.
2. Could buying a house become more binding?
Another potentially major change concerns the point at which buyers and sellers become committed to a property transaction.
In England and Wales, an accepted offer does not normally create a binding contract for the purchase of a property. Either party can generally withdraw before contracts are exchanged.
On 8 September 2026, the Government published research examining the use of reservation agreements as a way of reducing failed property transactions.
A reservation agreement is an agreement entered into earlier in the home-buying process under which a buyer and seller make a greater commitment to proceed with the transaction, potentially with financial consequences if one party withdraws without an agreed reason.
Are reservation agreements now compulsory?
No. The September publication is research rather than a new compulsory requirement.
However, it forms part of a much wider Government programme designed to reform how homes are bought and sold.
The Government's Home Buying and Selling Reform Roadmap proposes a future system in which significantly more information about a property is available before or when it is marketed.
Planned reforms include:
- more comprehensive property information being provided earlier;
- standardised property sales packs;
- property searches potentially being obtained before a property is listed;
- property condition reports forming part of the proposed sales pack;
- greater use of digital property information and digital identity checks;
- digital property logbooks; and
- binding conditional contracts being introduced at an earlier stage of the transaction.
The Government has said it intends to introduce legislation requiring sales packs when Parliamentary time allows. Binding conditional contracts would then be introduced after the sales-pack system has been established.
Why could this be a major change?
At present, significant legal work, searches, mortgage arrangements and surveys can take place before the transaction becomes legally binding.
A system which supplies more information before a property is marketed and creates greater commitment earlier in the transaction could substantially change the traditional conveyancing process.
For the moment, however, buyers and sellers should continue to work on the basis of the existing conveyancing system unless their solicitor advises otherwise.
3. Building Safety Levy begins on 1 October 2026
A more immediate change is approaching for developers of new residential property in England.
Government guidance published on 10 September confirmed that the Building Safety Levy will come into operation on 1 October 2026.
The levy forms part of the wider building safety reforms introduced following concerns about the safety of residential buildings and is intended to contribute towards the costs associated with addressing building safety defects.
The levy primarily affects developers and those carrying out certain new residential building work rather than individual home buyers.
Nevertheless, changes affecting new developments can become relevant during the conveyancing process, particularly when purchasing a newly built home.
Buyers purchasing new-build houses or apartments should ensure that their conveyancer considers the appropriate planning, building regulation, warranty and building safety documentation relating to the development.
4. Commercial leases and the ban on upwards-only rent reviews
There is also a significant forthcoming change for landlords and businesses entering into commercial leases.
The English Devolution and Community Empowerment Act 2026 contains provisions designed to prohibit upwards-only rent review clauses in relevant commercial tenancies in England and Wales.
An upwards-only rent review clause generally means that, when the rent is reviewed, it can increase or remain at its existing level but cannot reduce even where the open market rental value of the property has fallen.
These provisions could materially affect the way future commercial leases and rent review clauses are negotiated.
Has the ban started?
The legislation has been passed, but the relevant provisions require commencement before the new system applies.
Existing arrangements and agreements entered into before commencement may also be treated differently under the legislation, so landlords, tenants and businesses negotiating leases should obtain advice on the position applying to their particular transaction.
Howard & Co. can advise both landlords and commercial tenants on leases, lease renewals, rent review provisions and other commercial property arrangements.
5. HM Land Registry changes identity requirements
Some of September's changes are more technical but remain important because they can affect how quickly a property transaction is registered.
HM Land Registry updated Practice Guide 67 on 1 September 2026.
Identity verification plays an important part in protecting property owners against registration fraud. Conveyancers are required to confirm identity in a range of Land Registry applications.
The September update clarifies that where a party involved in an application falls within a particular exception from the usual identity requirements, evidence may still be required for the individual or company on whose behalf that party is acting.
For clients, the practical message is straightforward: your solicitor may need to request identification and supporting information even where you have previously supplied identification during another transaction.
Providing requested identification promptly can help your conveyancer meet anti-fraud and Land Registry requirements and reduce unnecessary delays.
6. Separate Land Registry applications required for multiple transfers
HM Land Registry also updated Practice Guide 21 on 7 September 2026.
The updated guidance confirms that where multiple transfers are being submitted to HM Land Registry, a separate application must be prepared and submitted for each transfer.
This is primarily a procedural matter for solicitors and conveyancers rather than something most individual buyers or sellers will need to manage themselves.
It may, however, be relevant to more complicated property arrangements involving several titles, portfolios, developers, transfers between different owners or transactions involving multiple properties.
Correctly preparing Land Registry applications is important because errors can result in a requisition - effectively a request from HM Land Registry for additional information or corrections - which can delay registration.
7. Changes to applications protecting a spouse or civil partner's home rights
A property issue can sometimes overlap with family law, particularly where a married couple or civil partners separate and the family home is registered in only one person's name.
The Family Law Act 1996 provides certain occupation rights which, in appropriate circumstances, can be protected against the registered title of a property.
On 14 September 2026, HM Land Registry updated Practice Guide 20 covering applications relating to these home rights.
The update clarifies requirements for completing particular sections of forms HR1 and HR2, which are used when registering or cancelling home rights.
HM Land Registry says the clarification is intended to help reduce avoidable delays and requisitions.
If you are separating from a spouse or civil partner and are concerned about your right to remain in the family home or about a property being sold, it is important to seek legal advice promptly. The appropriate steps will depend upon ownership of the property and your individual circumstances.
8. Updated Land Registry guidance on commercial lease break notices
HM Land Registry made another property-related update on 14 September, this time to Practice Guide 26, which deals with the ways in which leases can come to an end.
The revised guidance now takes account of situations where the recipient of a break notice has waived a requirement to satisfy conditions attached to the break option.
Break clauses can allow landlords or tenants to end a commercial lease before its contractual expiry date, but the wording of the lease and the conditions attached to exercising the break can be extremely important.
Businesses considering exercising a break clause should therefore obtain advice before serving the notice. Errors involving the timing, wording, method of service or conditions of the break clause can potentially have significant consequences.
9. New process for registering certain compulsory purchase matters
On 14 September 2026, HM Land Registry also updated Practice Guide 79, which deals with Local Land Charges.
A new procedure has been introduced for registering certain Compulsory Purchase Orders and Compulsory Acquisition Notices.
This is a specialist area and will not affect the majority of ordinary residential property transactions.
However, local land charges are an important part of property due diligence because they can reveal restrictions, financial charges and other matters imposed by public authorities which affect land.
This is one of the reasons searches form an important part of the conveyancing process when purchasing property.
10. What do the September 2026 conveyancing changes mean for you?
Although September has produced several important property law developments, buyers and homeowners should be careful not to confuse future reforms with rules that already apply.
In particular, the proposed leasehold reforms and future changes to the home-buying process could eventually have a major impact on residential conveyancing, but significant parts of those reforms have not yet taken effect.
The changes to HM Land Registry practice, meanwhile, are largely procedural matters that experienced conveyancers will deal with as part of the legal work involved in a transaction.
Property law is continually changing, and the correct approach will depend on the type of property, its title, whether it is freehold or leasehold, the parties involved and the nature of the transaction.
Need help with a property matter?
Whether you are buying or selling your home, dealing with a leasehold property, transferring ownership, purchasing commercial premises or entering into a commercial lease, Howard & Co. can guide you through the process.
Established in 1976, Howard & Co. provides experienced, straightforward legal advice to individuals, families and businesses across Barnsley, Penistone and the surrounding areas.
Our conveyancing and property team will explain the legal process clearly, keep you informed and help identify potential issues before they become unnecessary problems.
Speak to Howard & Co.:
Telephone: 01226 215 215
Email: law@howardandco.co.uk
Sources and further information
The information in this article has been compiled using official Government and HM Land Registry publications available in September 2026, including:
- Ministry of Housing, Communities and Local Government - Leasehold enfranchisement valuation rates and September 2026 plain-English guidance.
- Ministry of Housing, Communities and Local Government - Reservation Agreements: Informing the Design of an Effective Offer, published 8 September 2026.
- Government Home Buying and Selling Reform Roadmap.
- Ministry of Housing, Communities and Local Government - Building Safety Levy guidance published 10 September 2026.
- HM Land Registry Practice Guide 67 - Evidence of Identity, updated 1 September 2026.
- HM Land Registry Practice Guide 21 - Using Our Forms for Complex and More Unusual Transactions, updated 7 September 2026.
- HM Land Registry Practice Guide 20 - Home Rights and Applications under the Family Law Act 1996, updated 14 September 2026.
- HM Land Registry Practice Guide 26 - Leases: Determination, updated 14 September 2026.
- HM Land Registry Practice Guide 79 - Local Land Charges, updated 14 September 2026.
- English Devolution and Community Empowerment Act 2026.
Information correct as at 21 September 2026. This article provides general information only and should not be treated as legal advice. Property and conveyancing matters depend upon individual circumstances and legislation or Government guidance may change.
