| Increasingly, local authorities are employing an array of statutory powers against owners of vacant property. This is in keeping with Government policy, which seeks to minimise the restriction to housing supply caused by empty homes, and views vacant properties as a magnet for environmental problems and anti-social behaviour.
Every authority is encouraged to develop its own approach to vacant properties as shaped by local needs and concerns, but the basic framework for implementing these initiatives is similar throughout the country. Generally, local authorities will initially engage with the owners of vacant property by offering incentives such as renovation grants/loans or advice on selling and leasing the property.
However, where such an approach proves ineffective, and the owner either fails or refuses to sell or reoccupy the property voluntarily, Local Authorities can resort to enforcement powers to require the sale or renovation of vacant properties. Common powers used by local authorities include powers of enforced sale, compulsory purchase orders (CPOs) and empty dwelling management orders (EDMOs).
EDMOs permit the local authority to take over the rights and responsibilities of the owner of vacant property to secure occupation and proper management of the property. The owner retains legal ownership of property subject to an EDMO; however, he cannot collect any rent or other payments from the occupier or exercise any rights to manage the property whilst the EDMO remains in force.
CPOs permit the local authority to purchase vacant property from uncooperative owners. Before a CPO is granted, the local authority has to follow a long process whereby it shows it has taken steps to encourage the owner to bring the property into acceptable use, and that its reasons for seeking a CPO justify the interference with the owner’s human rights. If a local authority purchases property under a CPO, it must compensate the owner on the basis of the open market value of the property at the time of the compulsory purchase.
If you are the owner of vacant property which has become an object of interest by your local authority, or have been threatened with enforcement proceedings contact Samuel Maginnis on 020 7790 2000 or [email protected] today for advice.
|
