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Empty Properties Policy June 2021

What enforcement powers are available to the Council in respect of empty homes?

The council will take a phased approach to enforcement action, giving the homeowner every opportunity to bring their property back into use on a voluntary basis but committing to taking enforcement action where this proves necessary or appropriate.

Phase 1 – Option Appraisal

Action

Once a property is identified as being empty for 6 months or more the council will initially contact the owner outlining what options are available to bring the property back into use. Information on why the property is empty and what help is required by the owner is gathered so that all options can be explored.

If no response is received a follow up letter will be sent. Before any formal action is considered, the council will seek to work with the owner to identify the range of options available to them to bring the property back into use. This may involve practical guidance on matters such as letting, leasing, property valuation, building regulations and planning, grant assistance and loan schemes, demolition, and debt recovery, drawing as required on the expertise of other departments in the council and elsewhere.

The aim will be to help the owner arrive at a solution, which meets their needs and preferences whilst achieving the overall aims and objectives of this strategy.

If the property is still empty after 12 months an inspection will be arranged and carried out by a member of the housing team they will complete a prioritisation sheet which will allocate a point score to the property (see attached in documentation section). This will provide a score for the property taking into consideration the condition, complaints etc. Those identified as being scored the highest will then be prioritised for action.

Phase 2 – Informal warning

Action

If no response is received from the empty homes owner, or if the empty homeowner has not implemented the agreed option to bring the property back into use we will issue a written warning. However if the homeowner can demonstrate good reason for delay or failure to implement the agreed option, a revised timescale or option will be negotiated.

Outcome

Written warning to the owner –

  •  confirming satisfactory progress has not been made
  •  requesting a reason for lack of progress
  • confirming formal action will ensue if no reasonable explanation or undertaking is offered within a reasonable period of time.

Phase 3 – Formal Action

Action

Where the owner of a property is untraceable or demonstrates an unwillingness to work with the council and/or satisfactory progress has not been made the council will consider taking appropriate enforcement action:

Where a property has been empty for a long period of time and officers have spent time encouraging the owners to re occupy the property but no progress has been made, it will be unlikely that these properties will be brought back in to use and therefore all properties which have been empty for longer than 6 years will be considered by the group to determine and agree the most appropriate course of formal action to be taken.

A report will then be submitted to the Director of Planning and Housing where the Empty Homes Project Group recommends the following actions - 

  •  empty dwelling management order (EDMO)

Other enforcement action we may take:

  • local government (miscellaneous provisions) act 1982 s29 enables the council to secure a property that is open to access
  • building act 1984 s77 and s78 enables the council to require an owner to make a property safe or allow emergency action to be taken to make it safe
  • town and country planning act 1990 s215 enables the council to take action to address unsightly external appearance
  • housing act 1985 s265 enables the council to demolish a property that cannot be satisfactorily repaired (i.e. derelict properties)

The enforcement recommendations would be carried out under a Delegated Decision. A report on the recommendations from the Empty Homes Project Group will then be submitted to Cabinet for approval if the recommendations made are for–

  •  CPO (compulsory purchase order)
  • enforced sale.

If approved then the relevant procedure will be enforced.

Outcome

  • empty dwelling management order (EDMO)

Under the Housing Act 2004 the council can apply to a Residential Property Tribunal to impose an EDMO on the owner of an empty home in order to achieve occupancy of the house. The Order gives the council management of the house, but not ownership, for a set period for a maximum of 7 years after which another order can be applied for. The council must then let the house to a tenant and recover their costs through rental. If there is any 10 excess it goes to the owner. Practically, this option is only available to homes which are in a good state of repair and ready for occupancy

  • enforced sale

Enforced sale is an option available to the council where an empty home has accrued costs to the council for works which have had to be done to the house, which the owner has neglected, and refused to repair or clear up, and has then refused to pay the cost for this. The council can seek an order to compel sale of the house on the open market to recoup its costs. The owner takes the balance of the sale price.

  • compulsory purchase order

The Housing Act 1985 gives Local Authorities the power to apply to the Secretary of State for the council to compulsory purchase the property. This power should be a last resort for the council in its efforts to bring the house back into use and stop the anti-social ‘knock on’ effects that such a house inflicts upon its neighbours. The council will have exhausted all efforts to persuade the owner to deal with their house by this stage.

 Other enforcement action we may take:

  •  local government (miscellaneous provisions) Act 1982 s29 enables the council to secure a property that is open to access
  •  building act 1984 s77 and s78 enables the council to require an owner to make a property safe or allow emergency action to be taken to make it safe 
  • town and country planning act 1990 s215 enables the council to take action to address unsightly external appearance
  •  housing act 1985 s265 enables the council to demolish a property that cannot be satisfactorily repaired (i.e. derelict properties).

The council will seek to recover all of its costs where possible in bringing empty properties back into use and will look at all the options available legally within existing resources prior to taking enforcement action to ensure that the council is not being subjected to unnecessary risk.