Construction and Planning Update – October 2025 – top five

Here are our top five for October

1. Awaab’s Law came into force on 27 October 2025

Awaab’s Law came into force on 27 October 2025. It requires that if a social landlord becomes aware of a potential damp and mould hazard in a social home, they must investigate it within 10 working days.

The residents must be provided with a written summary of the investigation findings within three days of the investigation concluding. If damp and mould pose a health and safety risk to residents, the social landlord must make the property safe within five working days. Works needed to prevent serious hazards reoccurring must be completed within 12 weeks. In an emergency situation, the social landlord must investigate and action any emergency repairs within 24 hours.

Alternative accommodation must be provided to the residents, if the property cannot be made safe within the specified timescales for Awaab’s Law.

In 2026, the requirements of Awaab’s Law will expand to include excess cold and excess heat, falls, structural collapse and explosions, fire and electrical hazards, and domestic and personal hygiene and food safety.

In 2027, it will expand to apply to the remaining hazards as defined by the Housing Health and Safety Rating System (HHSRS), but excluding overcrowding.

Awaab’s Law: Guidance for social landlords – Timeframes for repairs in the social rented sector – GOV.UK 

2. Demolish or Repair – What Is Reasonable?

In the Technology and Construction Court in October, Deputy Judge Alan Bates considered a residential dwelling claim concerning a house in Reading. The prefabricated house timber construction was a frame on trench strip foundations.

The homeowner became concerned about cracking in the property. It was common ground between the parties that the property has been affected by differential movement. The differential movement was occurring because the property had been built on foundations that were inappropriate having regard to the ground conditions.

The developer admitted liability under clause 1 of the sale contract and the Court held that Defendant was liable under the Defective Premises Act 1972 and was to pay damages.

The homeowner claimed that the house should be demolished and rebuilt. The defendant developer proposed underpinning the house with a raft supported by deep piles. It was held that demolishing and rebuilding the property would be “extreme and disproportionate” i.e., unreasonable. The court awarded damages based on remedial works and associated professional fees and costs of alternative accommodation.

Mallas v Persimmon Homes Ltd & Anor | [2025] EWHC 2581 (TCC) | England and Wales High Court (Technology & Construction Court) | Judgment | Law | CaseMine

3. Insulation Woes

Most are aware anecdotally of issues that have arisen with retrospectively fitted cavity wall insulation fitted under the government‘s Great British Insulation Scheme and the Energy Company Obligation (ECO). According to the National Audit Office (NAO) press release in October 98% of homes insulated with external wall insulation under the scheme require major correction works.

The Department for Business, Energy & Industrial Strategy has produced a consumer guide. Consumers experiencing condensation or mould in their property are advised to contact the installer. If the installer is no longer in the business or fails to address concerns, consumers should contact the guarantee provider. Each installation should have received a guarantee.

In October 2025 the NAO published its findings, including as to suspected fraud. A copy of the report can be purchased on the link below.

Energy efficiency installations under the Energy Company Obligation – NAO report

4. Health & Safety

If the Lifting Operations and Lifting Equipment Regulations (LOLER) 1998 or the Pressure Systems Safety Regulations (2000) are relevant to your business, the HSE would like your input on a Call for Evidence (CfE) that is open from 1 October to 11 November 2025.

“The main objective of the CfE is to establish a comprehensive evidence base to inform viable opportunities for simplifying and streamlining regulatory processes.”

Call for Evidence to Review Lifting and Pressure Systems Regulations – HSE Media Centre

The Lifting Operations and Lifting Equipment Regulations 1998

Pressure Systems Safety Regulations 2000 (PSSR) – HSE 

5. Planning – Stonehenge Tunnel Saga

In the long running saga of “will they won’t they” build a tunnel to divert traffic from Stonehenge, the government has issued a draft order to revoke planning permission for the project. The time, money and effort that has gone into this project from all interested parties means some will be relieved and others bitterly disappointed and a good number will be facing abortive costs if this order becomes law. If you wish to comment, use the link below before 21 November 2025:

Proposed revocation of the A303 Amesbury to Berwick Down Development Consent Order 2023 – GOV.UK