Transcript Empty Property overview David Stott Associates 2012

Option Appraisals 2013
Setting the Scene
Dave Stott
Associate Empty Homes
Foreword
• Empty homes look very different in different parts of the
UK, but a few things are common
• There is housing need and backlog of supply added to
affordability problems
• Empty Homes are high on the agenda at present
• Grant rewards are available and in certain cases really
obtainable
• Opportunity to build and set out action plans on how you
can maximise the returns as well as resolving the most
blighted properties
Workshop Foreword
• The Council has a pivotal role in all this
• The Council's position is and should always be
strategic. You are not responsible for solving the
whole thing single-handed
• To develop and instigating relationships with
organisations that can do something by leading from
the front can be the most important factor of all
• The Council should be engaging lots of delivery
partners. Housing associations, developers and
professionals who can offer expertise and cost
recovery based support
• They can and have to lead but as an Authority with
joint working within the Authority developing and using
all the powers and duties you have.
Empty Homes
• I am going to list the options appraisal’s available and powers
available to use
• Critical to ensure the process is assessed and the appropriate
option is used
• Key point in that proactive enforcement policy as part of a
balanced strategy
Empty Homes
•
•
•
•
•
•
•
•
•
•
So today we will briefly cover
Property matrix systems
Positive action letters
Advice
Grants
Loans
Statutory Notices
Single CPO
CPO
Enforced sale
• Council Tax Enforced Charging Order Sale
• Empty Dwelling Management Orders
• PRODS
Empty Homes
• The property matrix system allows each property
to be rated
• It can dictate which option is then preferred option
• Ranks which properties are prioritised
Empty Property Matrix
• You can use scores or categories but you should be
ranking your empty properties and categorising which
action has been chosen
• There will be many that can be passed on through support
options
• It helps prioritise your work and can help justify the option
• You should choose a system that is not too complicated to
compile but is worthwhile and real!!
• Choose a system that has scores and grades which will
reinforce the options you have chosen and justify the action
Positive Action Letters
• Three stages
• Raising interventions by increments
• In line with LGMP 1976 Section 16 request for
information
• Ensures actions are reasonable
• Complies with Human Rights Act
• Can resolve on their own/or
• Leads to further more severe interventions
Empty Homes
• Advice
• Signposting to resolve the problem
• Into Homes
• Into prison
• Probate
• No owners/ unregistered
• Inheritance
• Problems with sale
• No idea what to do
Empty Homes
• Grants
• 3.5k for essential works
• Not available in many councils
• One way payment
• Being phased out if not out already in most
parts of the country
Empty Homes
• Loans
• Blaby’s own loan fund
• 0% interest up to 20k
• National Scheme
• 5% interest up to 15k
• Together offering 35k
• Topped with a grant 38.5k
• Cannot do much more
Empty Homes
• Now at the point of assistance into enforcement
• Any issues will have been addressed and the
property either put into the right category or the
assistance offered to resolve the issue
• The right climate dictates the move to enforcement.
The owners decision.
Empty Homes
• Housing act 239/241 inspections
• HHSRS
• Cat 1 and Cat 2s
• Power to inspect sometimes enough
• If served the allow time to complete of in default
• Debts increase the powers to enforce
Statutory Enforcement
• Into enforcement. Below is a selection of main statutes
generally used on Empty Properties
• PDPA
1949
Land Charged and all titles
• LGMP 1982
Person Based only
• EPA
1990
Land Charged but not all titles
• PHA
1936/60
Land Charged and all titles
• BA
1984
Land Charged and all titles
• HA
85/04
Land Charged and all titles
• T&CPA 1990
Land Charged but not all titles
SCPO
• CPO single property Section 17 HA85
• Use of RSL or Developer partners
• Property either sold when vested or refurbished then sold
• Compensation is 5% more than value
• Costs of process are not recoverable
• Open to Public Enquiry
• Secretary of State approval
Various Compulsory Purchase Orders
• The Town and Country Planning Act 1990 : Section 226
single and multiple application
• The Housing Act 1985 : Section 290 Multiple application
• The Local Government and Housing Act 1989 : Section
93 Renewal
• Again Compensation is 5% more than value
• Costs of process are not recoverable
• Open to Public Enquiry
• Secretary of State approval
Enforced Sales
• Enforced Sale procedure
• 1925 Law of Property
• Requires Land Charge
• Never own the property
• Preferred owner sale
• Open Auction Sale
• Sells property to resolve issues
• Fully cost recoverable
Council Tax Enforced Sale
• Used when there is only a debt from Council Tax
• Charging order route
• Successfully used
• Never own the property
• Preferred owner sale
• Open Auction Sale
• Use RSL partner if required
EDMO
• 2004 Housing Act Available since 2006
• Must show reason
• Must be granted Interim from RPT
• Must have business plan and schedules
• All Empty Properties Over 2 years empty and not up to let
or sale
• Interim and Final
• Improve property
• Occupy property 7years possible 14,21,28
Community Right To Reclaim Land
• Government, Local Government or Corporate
State owned property
• Power to dispose
• Application to the Secretary of State
• Can use preferred option on sale
• Covers Government, NHS and any Public Building
Empty Homes
• All this is available to you to deploy in Your Area
• Your choice and your option. Can use more than 1
• They are all only processes, They all work, They are tailor made for
the issues you find
• All the policies and procedures I have described can help you when
you implement and establish the procedures.
• If you choose right you can achieve the positive actions and achieve
the maximum reward grants by ensuring the actions you take will
resolve the empty properties that are a blight in your area
• The option appraisal is critical in the assessment stage and that
option will either resolve or complicate the matter if the wrong option
is chosen
Empty Homes
• There is obviously a lot more detail about the various options but I
hope I have provided you a brief insight to the many options you have
• Before I finish a word of warning about a key point
• The enforcement options should only be used within a balanced
approach that always start with the softer options
• In the main the enforcement actions are normally enforced against the
owners who refuse to accept advice and assistance
Empty Homes
Any questions
[email protected]