HGCRA 1996

This sub-topic provides an introduction to Part II of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) (often referred to as the Construction Act), and related legislation—in particular:

  1. Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009)

  2. the Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649

  3. the Construction Contracts (England) Exclusion Order 2011, SI 2011/2332 and the Construction Contracts (Wales) Exclusion Order 2011, SI 2011/1713, the Construction Contracts (England) Exclusion Order 2022, SI 2022/839, the Construction Contracts (Exclusion) (Wales) Order 2023, SI 2023/475, and for contracts entered into before 1 October 2011, the Construction Contracts (England & Wales) Exclusion Order 1998, SI 1998/648 (referred to below as the ‘Exclusion Orders’)

The HGCRA 1996

The HGCRA 1996 was a legislative response to the perceived cash flow problems and dispute culture within the construction industry during the 1980s and 1990s that were highlighted by the Latham Report, 'Constructing the Team'. The HGCRA was enacted in 1996 and came into force in May 1998, providing a base set of requirements

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Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

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