Brownfield Housing Fund boosted by an additional £234m
25th March, 2026
On Sunday 22 March 2026, the government announced that it will increase the value of the Brownfield Housing Fund by a further £234m. In this article, Alexander Rose looks into what this means in practice and the legal issues which can be expected to arise.
What is the Brownfield Housing Fund?
The Brownfield Housing Fund is a major public funding programme that is administered through Mayoral Combined Authorities (MCAs). The fund aims to unlock housing development upon sites which are affected by previous industrial or commercial use.
Whilst there are strong public policy reasons to want to bring brownfield sites back into use, addressing contamination and existing infrastructure upon such sites often makes development projects unviable. Therefore the Brownfield Housing Fund aims resolve the viability gap holding back projects by providing grants towards the costs of delivering land remediation, demolition and enabling works.
Which areas will benefit from the £234m increase to the Brownfield Housing Fund?
On Sunday March 22nd 2026, the government announced that £234m of additional public funding for the Brownfield Housing Fund. This will be shared between 7 MCAs, these being the:
- York and North Yorkshire Combined Authority;
- Cambridgeshire and Peterborough Combined Authority;
- East Midlands Combined Authority;
- Greater Lincolnshire Combined Authority;
- Hull and East Yorkshire Combined Authority;
- Tees Valley Combined Authority; and
- West of England Combined Authority.
The breakdown of this funding has yet to be released, although the West of England Combined Authority has already published a press release stating that it will be receiving £45m in what amounts to its first allocation from the Brownfield Housing Fund.
In this press release, Mayor Helen Godwin says the allocation will be “enormously important” in supporting the Combined Authority’s “efforts to tackle the housing crisis by building the right homes in the right places, with the right services and infrastructure for people to live well and get around.”
Nationally, over £780m has been committed to the Brownfield Housing Fund since it was launched in 2020. This includes an allocation of £150m in November 2025 to MCAs such as Greater Manchester Combined Authority, the West Midlands Combined Authority and the North East Combined Authority.
What types of legal issues arise from Brownfield Housing Fund grants?
Developing housing on brownfield land carries more legal complexity than upon conventional development sites. Therefore public funders look to obtain additional up-front assurance that proposals are realistic and deliverable, prior to offering funding.
Funders expect detailed information to be submitted to understand any restrictive covenants, rights of way or issues around ownership affecting the site. They will also want to understand any remediation warranties that are in place and the extent of issues regarding ground conditions, contaminated land, water course pollution, buried abandoned infrastructure, below ground obstructions or voids, uncertain/inconclusive land ownership and boundaries, and adverse rights of way, light and air. Providing such information can be difficult and therefore technical legal support is often sought.
Another pinch point is subsidy control law compliance. Advice is often sought at the application stage, with questions asked around whether a liable polluter is capable of being identified and which exemption will be applied. When third parties are brought in to provide services or deliver works it will also be necessary to consider public procurement law.
Funding agreements typically need to be tailored to address the development structure. This can require specialist advice around appropriate terms such as overage and often means contracts take longer to negotiate. It is common for external lawyers to be brought in to assist with this process.
Conclusion
The announcement of £234m of additional grant funding towards the development of brownfield sites will be widely welcomed. However the hard work begins now. Developers working up applications should prepare for detailed due diligence, whilst Funders administering the Brownfield Housing Fund will want to refine and improve their processes to ensure they work the fund’s deadlines are met.
Ward Hadaway has specialist lawyers with extensive experience of advising upon Brownfield Housing Fund projects. This includes advising MCAs on the drafting and negotiation of BHF Grant Funding Agreements, but also working with applicants to address subsidy control issues. Please do get in touch if we can be of assistance.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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