2013 Budget: construction industry implications | Practical Law

2013 Budget: construction industry implications | Practical Law

The implications of the government's 2013 Budget for the construction and engineering industry, and the industry's reaction to it. (Free access.)

2013 Budget: construction industry implications

Practical Law UK Legal Update 0-525-3087 (Approx. 10 pages)

2013 Budget: construction industry implications

by PLC Construction
Published on 20 Mar 2013England, Wales
The implications of the government's 2013 Budget for the construction and engineering industry, and the industry's reaction to it. (Free access.)

Speedread

On 20 March 2013, the Chancellor of the Exchequer, George Osborne, set out the government's spending and taxation plans in its 2013 Budget. It also published its Infrastructure delivery update (March 2013), which sets out the progress that has been made on 40 key infrastructure investments identified in the National Infrastructure Plan 2011 (NIP 2011), and the Plan for Growth implementation update 2013.
In announcing the government's plans, the Chancellor said it was a budget for:
"...people who realise there are no easy answers to problems built up over many years... for those who aspire to own their own home; who aspire to get their first job; or start their own business... for those who want to save for their retirement and provide for their children."
The 2013 Budget announced "an ambitious programme of structural reform" to improve the UK's infrastructure, with a commitment to increase capital spending by £3 billion from 2015-16 and £5.4 billion of financial support to tackle what the government sees as long-term problems in the housing sector.
Despite the headline-grabbing infrastructure numbers, it seems there is little detail for the construction industry to cheer about, and the spending will not kick in until after the next general election.
To see all of PLC’s 2013 Budget coverage in one place, visit our 2013 Budget page.
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Defined terms

The 2013 Budget

On 20 March 2013, the Chancellor of the Exchequer, George Osborne, set out the government's spending and taxation plans in its 2013 Budget. It also published its Infrastructure delivery update, which sets out the progress that has been made on the top 40 priority infrastructure investments identified in the National Infrastructure Plan 2011 (NIP 2011), and the Plan for Growth implementation update 2013.

Housing

The Chancellor announced a £5.4 billion package of financial support to tackle long-term problems in the housing market and to support those who want to get on or move up the housing ladder. This includes the launch of Help to Buy, which offers two schemes aimed at helping those who want to get on, or move up, the housing ladder (see Help to buy).
Other announcements include:
  • Giving more social tenants the opportunity of home ownership by reducing the qualifying period for Right to Buy from five years to three years and raising the maximum discount cash cap in London to £100,000 (Budget Report, paragraph 1.105).
  • Expanding from £200 million to £1 billion the Build to Rent fund announced in the 2012 Autumn Statement, which will support more homes in England (Budget Report, paragraph 1.108).
  • Investing in new affordable homes by doubling the existing affordable homes guarantee programme, providing up to an additional £225 million to support a further 15,000 affordable homes in England by 2015 (Budget Report, paragraph 1.111).

Help to buy

Help to Buy is a major new housing scheme, with two key elements:
  • From 1 April 2013, the government will extend First Buy to all those who aspire to own a new build home (not only first time buyers). It will provide an equity loan worth up to 20% of the value of a new build home, repayable once the home is sold. It will also widen the eligibility criteria to ensure as many people as possible are able to benefit, including increasing the maximum home value to £600,000 and removing the income cap constraint.
  • The government will create a mortgage guarantee for lenders who offer mortgages to people with a deposit of between 5% and 20% on homes with a value of up to £600,000. This will increase the availability of mortgages on new or existing properties for those with small deposits.
(Budget Report, paragraphs 1.100-106.)

Industry comment

David Orr, chief executive, National Housing Federation

"We welcome the Chancellor's realisation that people around the country are struggling to buy their own homes, and the measures introduced today may help a number of them.
But the danger is that if we don't tackle the fact we're still not building enough homes, we'll just create another housing bubble that will continue to push house prices up and out of reach of the majority.
The Government should be focusing on unlocking investment to build more new homes as a way of managing down the housing benefit bill and boosting the economy. We welcome the measures to support new supply but they are very small scale."

Richard Threlfall, head of infrastructure, building and construction, KPMG

"The Chancellor's 'Help to Buy' scheme looks like the perfect 'get out of jail' card. It’s a bold move, perhaps a desperate one, but one that will be undeniably welcome by the beleaguered construction industry.
The Government has finally recognised that housing might offer the fastest acting pain relief for our economic woes and, perhaps despairing of local authorities to be proactive in supporting new house building, has decided to focus stimulus on demand."

Mark Farmer, head of residential, EC Harris

"Probably the most single important announcement in the Budget must be the introduction of the 'Help to Buy' scheme...
It appears that the government has realised the importance of both the housing and construction sectors to the wellbeing of the UK economy and its fundamental multiplier effect."

Angela Brady, president, Royal Institute of British Architects (RIBA)

"The construction industry shrank by 8% last year and we are continuing to see disappointingly low levels of housebuilding. Although the announcements today for further spending on housing and infrastructure are to be welcomed, it will barely make a dent in the delivery of the sustainable new homes and communities we desperately need.
The UK is in the grip of the worst housing crisis for decades yet committing to build only a tiny proportion of the 300,000 new homes that are needed each year to meet demand. The private sector has only ever delivered around 150,000 homes a year, so whilst today's Help to Buy announcement will enable greater access to mortgage finance, it does not sufficiently address the root cause of the housing crisis: we are not building enough homes, many of those that are being built aren't good enough, and we cannot rely on private housebuilding alone to turn things around."

Brian Berry, chief executive, Federation of Master Builders (FMB)

"We needed a 'Budget for Housing' to address the acute shortage of affordable, energy-efficient homes in the UK. The Help to Buy package is aimed at stimulating the underperforming mortgage market, which could provide a boost to all firms involved in house building, renovation and repair. But changes to the First Buy scheme will be of limited assistance if it remains too costly and complex for smaller developers, who deliver a third of all new homes.
If Ministers want an industry-wide boost to jobs and growth while delivering desperately needed new homes and meeting energy-efficiency targets, we need bolder measures such as cutting VAT on domestic repair and maintenance work, and reducing the regulatory burden which discourages so many small developers from even contemplating building new homes."

John Cridland, director-general, Confederation of British Industry (CBI)

"We're particularly pleased our call for a focus on the short-term boost of housing has been heeded, alongside an increase in longer-term big ticket infrastructure spending."

Liz Peace, chief executive, British Property Federation (BPF)

"Development remains stalled in much of the country outside central London and the old models for development are no longer working. Government has got to help foster new forms of public-private partnership and remove obstacles such as cumbersome procurement procedures if development is to be reignited.
While we welcome the additional support for LEPs [Local Enterprise Partnership], there is some concern, even with the additional money available, whether they will have the resources and authority to play the role the Government envisages. In many of the larger urban areas the combined authority approach may have more traction than the LEP and should be the focus for pushing forward local growth."

Industry partnerships

In the 2012 Autumn Statement, the government indicated that it planned to work with individual sectors to "develop approaches that best suit the needs of each industry". Industries identified for these "industry partnerships" included construction, as well as professional and business services, oil and gas, offshore wind, civil nuclear, automotive and aerospace sectors.
In January 2013, the government formally confirmed that it intended to publish a construction industrial strategy. It announced an 18-strong advisory council (CISAC) and confirmed an intention to deliver the strategy in summer 2013. For more information, see Legal update, Industrial strategy for construction: advisory council announced.
The 2013 Budget further confirms the government's intention to work with industry (including the construction industry) and to provide £1.6 billion worth of funding to support these strategies. (Budget Report, paragraphs 1.138-146.)

Infrastructure delivery update

Alongside the 2013 Budget, the government published its Infrastructure delivery update. The majority of the update is a table setting out progress on 40 key individual projects, such as Hinckley Point C power station, Crossrail and railways investment. As well as reinforcing the budget announcements on further infrastructure spending, the update highlights the work of Lord Deighton, formerly of LOCOG, to improve infrastructure delivery by central government. Expected developments include:
  • Creating an enhanced central team of commercial specialists in Infrastructure UK (IUK) who will be deployed into infrastructure projects across government.
  • By summer 2013, establishing new Infrastructure Capacity Plans to drive forward progress in key government departments.
The government intends to achieve these steps in cooperation with the Cabinet Office and the Major Projects Authority.
The update also:
  • Advises that the government intends to launch a further phase of its Red Tape Challenge, looking at the whole regulatory structure that affects company growth, infrastructure and business activities (see Red Tape Challenge).
  • Highlights that the Pensions Investment Platform (PIP) (a vehicle for Pension Protection Fund and private sector investment in infrastructure) hopes to begin investing £1 billion of funds later in 2013.
  • Notes that UK Guarantees are beginning to be made available, including a proposed new guarantee to Drax power station in connection with co-firing with biomass.
For more information on the government infrastructure plans, see Practice note, National Infrastructure Plans: construction, environment and property implications.

Industry comment

Richard Abadie, global head of infrastructure, PwC

"Every additional pound of investment in infrastructure is to be welcomed in a difficult market where the construction industry is struggling from reduced activity. Infrastructure projects are long term and investments made into them also need to be long term and ongoing.
Regrettably the announced sum is insignificant relative to the infrastructure backlog and whilst we welcome the announced £3 billion of cost-savings from various Government departments, the reality is it won't make a significant impact on economic growth as it comprises less than 0.2% of GDP."

Simon Rubinsohn, chief economist, Royal Institution of Chartered Surveyors (RICS)

"Our members have told us repeatedly that the success of infrastructure projects are about delivery on the ground. RICS believe Government should spend more time and resource in supporting business to gain access to these public sector projects.
The Government has largely failed to realise that infrastructure projects don’t need to be big to be effective in creating growth. In fact small might very well be beautiful. Across the regions and the nations it's the smaller repair, maintenance and upgrade projects which can be picked up by medium and small construction businesses. Rail maintenance and school refurbishment are just two areas where a small amount of capital investment would quickly deliver great benefits."

Stephen Ratcliffe, director, UK Contractors Group (UKCG)

"There is some good news for the industry notably, the increases announced in public sector infrastructure investment, new help and guarantees on mortgages and a commitment to publish a longer term investment pipeline (to 2021) covering the most economically valuable areas of the economy. But the extra spending on infrastructure will not start to bite until 2015.
What the construction industry wanted most of all was more assurance that government is focussing on delivery of projects but there is little detail about for example what the Treasury guarantees (announced last summer) have achieved and how deal flow in the public sector pipeline will be speeded up. The promised review of Whitehall’s capability to deliver projects will bring no immediate changes."

Andrew Stevenson, head of infrastructure, Davis Langdon, an AECOM company

"The upside for those in infrastructure were the words of comfort for continued spend. That said, there wasn't any detail was there? The Chancellor did say it's taking longer than expected but we will have to wait until June to get an understanding of the spending plans; it feels too high risk to use 'hope' for something then as a good news story for infrastructure."

Paul Fleetham, managing director, Lafarge Tarmac Contracting

"I welcome the chancellor’s £3 billion a year funding for infrastructure investment from 2015, but this will not provide the catalyst that the economy needs now. It is also disappointing that we must wait until the 2015/16 spending review to understand how this funding will be allocated."

Richard Bowker, senior advisor, EC Harris

"While £3bn extra for infrastructure capital spending might at first appear welcome, it does not kick in until 2015, the details of the schemes are yet to be explained and it still only represents a fraction of what is identified in the National Infrastructure Plan pipeline. It is to be welcomed that someone with the track record of Lord Deighton is to look hard at the mechanisms for delivery of infrastructure projects. We look forward to concrete proposals in June as to how delivery will be transformed."

Landfill tax and aggregates levy

The 2013 Budget announced:
  • The standard rate of landfill tax will increase by £8 per tonne (to £80 per tonne) on 1 April 2014, but the lower rate will continue to be frozen at £2.50 per tonne in 2014-15. (For more information, see Practice note, Landfill tax.)
  • The rate of aggregates levy will remain at £2 per tonne in 2013-14. (For more information, see Practice note, Aggregates levy.)

Plan for Growth progress

Alongside the 2013 Budget, the government published its Plan for Growth update 2013. This is the third implementation update since the Plan for Growth was published in March 2011, alongside the 2011 Budget.
The Plan for Growth originally announced measures that would lead to new construction through increased investment and the opening up of more land for development. The March 2013 update notes that those commitments are on-track, with over 60% already complete (Plan for Growth update 2013, paragraph 1.6).
For more information on the Plan for Growth update 2013, see Legal update, 2013 Budget: property implications: Infrastructure.

Planning reforms

Since the 2012 Budget, the National Planning Policy Framework (NPPF) has come into effect. The aim of the NPPF was to refocus planning policy to support growth and to include a "presumption in favour of sustainable development to underpin all local plans and decisions". For more information, see Practice note, National Planning Policy Framework (NPPF): an overview.
The 2013 Budget records that the number of planning application approvals is at a ten-year high, but that more reform is required to ensure the planning regime is simple to access, supports growth and responds to housing needs. The government's plans include:
  • Publishing reduced planning guidance in summer 2013.
  • Asking local areas to put in place pro-growth planning policies.
  • Consulting on whether to allow further flexibility between use classes, to support changes from certain agricultural and retail uses to residential.
(Budget Report, paragraphs 1.114-117.)

Red Tape Challenge

In April 2011, the government launched its Red Tape Challenge, a wide-ranging project aimed at identifying unnecessary regulations. Since then, thousands of regulations have been under the spotlight, including many that affect the construction industry. For more information, see Practice note, Reforming the UK's health and safety laws: Government's "Red Tape Challenge".
The 2013 Budget:
  • Reports that the Red Tape Challenge has saved businesses over £155 million a year and, by the end of 2013, over 3,000 regulations will have been abolished or simplified.
  • Confirms that a second phase of the Red Tape Challenge will launch in summer 2013. It will look at the whole regulatory system, that is laws, guidance, compliance and enforcement, through short, targeted reviews. Prior to that, businesses' views will be sought on what specific problems should be reviewed. (Interestingly, the 2012 Autumn Statement indicated that this would be launched in spring 2013.)
(Budget Report, paragraphs 1.158-159.)

Zero carbon homes and the Building Regulations 2010

The 2013 Budget confirms that the government aims to achieve zero carbon new homes in England by 2016. (It has previously stated that all new non-domestic buildings should be zero carbon by 2019 and all new public buildings should be zero carbon by 2018.) For more information, see Practice note, Zero carbon buildings. In part, it will achieve this through the Building Regulations 2010 (SI 2010/2214) (BR 2010) and, in particular, Part L (which deals with energy efficiency requirements).
The 2013 Budget confirms that by May 2013, the Department for Communities and Local Government (DCLG) will publish a detailed plan, setting out its response to the 2012 consultation on BR 2010. The government will then consult on the next steps before Parliament's summer recess (Budget Report, paragraph 1.109).
For more information on BR 2010 and the 2012 consultation, see Practice note, Building Regulations: an overview: Consultation on BR 2010.

Industry comment

Paul King, chief executive, UK-GBC

"George Osborne's re-commitment to zero carbon homes from 2016 is the one shining green beacon in today's Budget. The fact that it's there is welcome and important, but it looks very solitary in a Budget otherwise devoid of support for green growth, with even the Government's flagship Green Deal failing to get a look in."

Comment

In announcing the 2013 Budget, the Chancellor said his fourth budget contained "an ambitious programme of structural reform" to improve the UK's infrastructure, with a commitment to increase capital spending by £3 billion from 2015-16 and £5.4 billion of financial support to tackle what the government sees as long-term problems in the housing sector.
These numbers may grab some headlines, but it seems there is little detail for the construction industry to cheer about, as much of the spending will not kick in until after the next general election.

Further information

For more information on the 2013 Budget, see Legal updates:

Further reading

For all our Budget coverage, including practice area summaries, see PLC 2013 Budget. For more information on the: