Enforcement - enforcement action

We will not use enforcement action until all other avenues to encourage the owner to bring the property back into use have been exhausted.

When is Enforcement Action most likely to be used?

We will use the most appropriate enforcement action where the owner is not engaging with the Council in finding a solution to bring the property back into use or where all avenues to find an absent owner have been explored.

Enforcement action is most likely to be used to bring the following properties back into use:-

• Those which are dangerous or pose a risk to the general public
• Properties most needed by those unable to access the housing market
• Those having the biggest impact on surrounding neighbours

Enforcement policy

The Housing Enabling Service will communicate its intentions to use all enforcement powers including Enforced Sale, Compulsory Purchase Orders (CPA) or Empty Dwelling Management Orders (EDMO) in Plain English or in the appropriate language or method in accordance with the needs of the owner.

The owner of the property will be made aware of the advice and support available to bring the property back into use and the enforcement powers the Council may use, including the relevant timescale and processes. Once made aware of the intention to use enforcement action, the owner will be given a period to consider their options and appeal against the proposed action.

Details of the Council's complaints and appeals processes will be provided at the outset and the enforcement process will be open to review at any time if circumstances change.

We will undertake enforcement action as promptly and efficiently as possible in order to minimise delays.

We will seek to ensure that cases are dealt with in a consistent manner and all officers undertaking action will be suitably trained, qualified and authorised to ensure that they are fully competent to undertake enforcement duties.

Feedback on the service will be sought.

Relevant legislation

The following pieces of legislation allow the Council to take action over empty homes. Some notices are served through cooperation and coordination with other departments within the Council.

Empty Property Act 2007

Removed the exemption for unoccupied commercial properties. Empty property rates increased from 50% to 100% of their basic business rate following void periods.

Housing Act 2004

Used to tackle properties that are in a state of disrepair by utilising the 29 hazards of the Housing Health & Safety Rating System (HHSRS). Part 1, Chapter 2 provides the background for the following notices which can be served on empty properties:

• Section 11 & 12 - Improvement notices
• Section 20 & 21 - Prohibition notices
• Section 28 & 29 - Hazard Awareness notices
• Section 40 - Emergency Remedial notices
• Section 43 - Emergency Prohibition notices

Town and Country Planning Act 1990

• Section 215 - Action can be taken where a property/land is deemed to be detrimental to the surrounding area. Debts arising from this legislation can be attached to the property as a land charge if they are not repaired by the owner.
• Section 226 - Local authorities can take control of the land they need to put in place community strategies and local developments. This also includes being able to take over land for redevelopment.
• Section 330 - Local authorities can request information about the ownership of an empty property from anyone with interest in the land. 

Environmental Protection Act 1990

• Sections 79-81 - Local authorities can require abatements of statutory nuisances. This can apply to the accumulation of rubbish and any damp affecting adjoining properties. If the owner does not complete the works, the local authority can undertake them by default.

Planning (Listed Buildings and Conservation Areas) Act 1990

The local authority can be authorised to compulsorily acquire a listed property and any relevant land if they feel it has been deliberately left or has fallen into a bed state of repair. 

Housing Act 1985

• Section 265 - Gives the local authority power to make a Demolition Order
• Section 289 - Gives the local authority power to declare Compulsory Purchase Order
• Debts arising from this legislation can be attached to the property as a land charge.

Building Act 1984

• Section 77 - Used by Building Control to remedy dangerous conditions that are not considered an emergency
• Section 78 - Used by Building Control in cases of emergency to remedy imminently dangerous conditions
• Section 79 - Used by Building Control and Private Sector Housing (in consultation with Building Control where the subject property is a dwelling) to remedy "ruinous and dilapidated" buildings. The notice gives the owner the option of repair or demolition.

Local Government (Miscellaneous Provisions ) Act 1982

• Enables the Council to secure a property that is open to access.

Prevention of Damage by Pests Act 1949 

• Section 4 - Enables the Council to take action to remove unwanted pests and repair property access to prevent rat or mice infestations.

Law of Property Act 1925, Enforced Sale Procedures

Where a local authority has issued a charge against a property they have all the legal right to enforce the sale of this property.