5

Ensure revised viability guidance balances negotiation flexibility with preventing developers from gaming the system.

Conclusion
Without updated guidance, local planning authorities will still struggle to challenge financial viability assessments submitted by developers and may fail to receive the amount of developer contributions they are entitled to. Viability assessments are an important tool to ensure that sites are financially feasible for developers and to make sure development takes place. However, there is an asymmetry of skills, capacity and resources between LPAs and developers which means that LPAs often struggle to challenge developers’ claims in viability assessments. The Department acknowledges that existing planning practice guidance on viability needs updating, and states that it will publish reforms to the guidance in 2025. The Department promises that the use of late- stage viability reviews will be considered as part of the wider update of viability guidance. recommendation The Department should ensure that its revised guidance on viability balances the need for site-by-site flexibility in negotiations with the need to dissuade developers from gaming the system. The Department should provide an update on its progress in its Treasury Minute response. 4
Government Response

A response document is linked to this report, dated 19 January 2026. Response attribution to this conclusion has not been verified. Read the response document.

Addressee Bodies
HM Treasury
Timeline
Recommendation age 0.9 yr
Report published 17 Oct 2025