A Written Ministerial Statement, WMS23, was published on 13 December 2023 and "has created confusion for local planning authorities on their ability to set sustainability standards above and beyond national regulations", according to the Passivhaus Trust1.
The Trust, an independent body that promotes the Passivhaus building standard, states that WMS23 is "currently the subject of a legal challenge by Rights Community Action, supported by the Good Law Project"1. No outcome of that challenge is reported1.
The statement sits against a background of councils setting their own higher requirements. The Trust says several UK local authorities have either mandated Passivhaus in their local plans, included it as an alternative compliance standard, or applied Passivhaus methodologies1. The Mayor of London's London Plan "pushes projects built within the Greater London Authority to go beyond building regulations, promoting higher levels of energy efficiency for newbuild homes & buildings"1.
"WMS23 is currently the subject of a legal challenge by Rights Community Action, supported by the Good Law Project"
Two support resources are named. The Good Homes Alliance, working with the Passivhaus Trust and others, has created a Net Zero Planning Policy hub setting out how councils achieved their exemplar local policies, and sharing advice on responding to WMS23 alongside Town & Country Planning Association guidance for local authorities working on plans that go beyond building regulations1. The Trust also says it can issue letters of support for adopting the Passivhaus Standard to supplement planning applications, though it cannot support individual projects1. A list of local authorities and housing associations that have built Passivhaus homes in the UK was published as of May 20231.
Why it matters for households
Planning policy decides how much energy a new home needs to keep warm, and that in turn shapes running costs and exposure to future price rises. Where a council requires fabric standards above the national minimum, a buyer or tenant gets a home that is cheaper to heat and less dependent on whatever the grid and the gas market do next. WMS23 casts doubt on whether councils can keep doing that, so the direction of travel for new-build efficiency standards in England is unresolved1. The position in Scotland, where separate energy efficiency standards for privately rented homes apply, is covered in our guide to energy efficiency standards for privately rented homes in Scotland. For new homes, the expected trajectory of carbon emissions under the Future Homes Standard is set out in our guide to how much lower carbon emissions will be in new homes, and standards for existing social and rented stock are covered under Housing Quality Standards for Social and Rented Homes. The wider framework sits in our regulation and policy section.
What happens next
The legal challenge to WMS23 brought by Rights Community Action, supported by the Good Law Project, is reported as ongoing1. No hearing date, timetable or government response has been reported1.
Sources1 cited
- Passivhaus & Local Plans, passivhaustrust.org.uk