Liz Reason |
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Tue 12 Mar 2019, 08:51 (last edited on Tue 12 Mar 2019, 09:25) I'm going to contact WODC this morning. My attention has been brought yet again to a house on The Green which has been allowed to deteriorate into a dangerous condition. Two contradictory pieces of info on the net. "The Empty Homes Premium "Measures to equip councils with powers to bring thousands of long-term empty homes back into use will be debated in Parliament today (23 April 2018). The new legislation will allow councils to charge double the rate of Council Tax on homes left empty for years. Local authorities can currently levy a 50% premium. Whilst the number of homes empty for 6 months or longer remains substantially lower than when records began in 2004, councils will be handed powers to levy additional charges on homes standing empty for 2 years or more." So apparently legislation passed in 2012 is proposed as new legislation in 2018. Other powers apparently available - why doesn't WODC use them? Unsightly land and property affecting the amenity of the area Section 215 of the Town and Country Planning Act 1990 provides the local planning authority with the power to take steps requiring land to be cleaned up when its condition adversely affects the amenity of the area. Dangerous or dilapidated buildings and poor property conditions The city council have various pieces of legislation which provide legal powers to deal with privately owned empty properties that are causing a hazard or a nuisance. Ultimately, if the owner fails to carry out the required works then the city council can either carry out the works in default or prosecute the owner, or do both. In these events a land charge will be placed on the property to recoup the costs. Unsecured and opened to access The Local Government (Miscellaneous Provisions) Act 1982 s.29 gives the local authority the power to undertake works in connection with the building for the purpose of preventing unauthorised entry to it, or for the purpose of preventing it becoming a danger to public health. Acquisition of land and property Enforced sales process - This is a process by which the council brings about the sale of a privately owned house that has incurred debts towards the council. Empty Dwelling Management Orders (EDMOs) were introduced under the Housing Act 2004. The local authority applies to take over the management of the property, carrying out works if required and then renting out the property. Management and any refurbishment costs can be reclaimed from the rental income with any outstanding balance going to the owner. A compulsory purchase order is used as a last resort where all other routes have failed. It allows local authorities the power to take over land, houses or other properties to increase the number of houses available or improve the quality of the housing stock. The main uses of this power are to obtain land for housing. This includes bringing empty properties back into use as homes, and improving substandard ones. |