Empty Homes Strategy
2011 – 2016
Introduction
Properties become empty for many different reasons.
In most cases this is a short term issue, for example
following purchase where a property needs to be
renovated before it can be occupied or where it is in
probate. Such transactions are a natural function of
the housing market.
Nevertheless, a proportion of properties that
become empty remain so for long periods of
time. This is usually because there is a
fundamental
problem
preventing
their
occupation. Such properties are not actively
marketed or being prepared for occupation.
This may be due to the condition of the
property and means occupation is not
possible, or it may be due to issues associated
with the ownership of the property. Whatever
the reason for the property remaining empty,
the Council would like to help in ensuring it is
brought back in to occupation
This strategy explains Bassetlaw District
Council’s approach to bringing empty homes
back into use. It details the way we will work
with the owners of empty homes and the
powers which are available to us to assist us
in this work. Our approach will focus on
working with owners and seeking their cooperation, and we will only to resort to
enforcement action where this is absolutely
necessary.
2
Content
Chapter 1: Context ..................................................................................4
Chapter 2: Our Approach to Empty Homes .............................................9
Chapter 3: Other Options for Empty Homes.......................................... 11
Appendices
Appendix I - The New Homes Bonus ...................................................13
Appendix II - Tables ..............................................................................14
Appendix III - Powers Available to Deal with Empty Homes ..................15
Appendix IV - Flow Chart ......................................................................16
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Chapter 1: Context
1.1
National Context
1.1.1
The Coalition Government
Tackling empty homes is one of the Coalition Government’s policy priorities. Their
document, New Homes Bonus1 sets out the Government’s plans to increase the
supply of effective housing. The document states:
“There are a number of reasons why properties become and remain
empty including low demand, the cost of repairs, reluctance to rent, or
personal circumstances. Around 300,000 privately owned homes have
been vacant for over six months and many are in areas of high demand.
Empty homes are a blight on local communities and a waste which we
cannot afford. We need to harness this potential to meet pressing housing
need.”
The New Homes Bonus is designed to create an effective fiscal incentive to
encourage local authorities to facilitate housing growth. It will ensure the
economic benefits of growth are more visible within the local area, by matching
the council tax raised on increases in effective stock.
The Bonus is intended to help deliver the vision and objectives of the community
and the spatial strategy for the area, it is not intended to encourage housing
development which would otherwise be inappropriate in planning terms.
The scheme will provide local authorities with a New Homes Bonus, equal to the
national average for the council tax band on each additional property and paid for
the following six years as an unringfenced grant.
Further details relating to the New Homes Bonus can be found at Appendix I.
1.1.2
The Homes and Communities Agency (HCA)
The HCA works with Local Authorities to deliver National Housing and Regeneration
Policies at a local level. Its primary role is to help Local Authorities to create
opportunities for people to live in a high quality sustainable place. HCA provides
funding for affordable housing schemes (the National Affordable Housing
Programme); it helps Local Authorities and other partners to bring land and property
back into productive use, and aims to improve the quality of life by raising standards
for the physical and social environment.
HCA uses Local Investment Planning as the way of doing business to support Local
Authorities as they develop and implement plans for their communities. It expects
the issue of addressing empty homes to feature significantly in the Local Investment
Plans and the Local Investment Agreements that have been formulated nationwide.
In England there were 651,993 empty homes on 1st April 2010. This equates to
2.87% of the total available housing stock. Of these, 315,373 were homes in the
1
Produced by the Department for Communities and the Local Government
4
private sector that had been vacant for over six months. HCA is keen for Local
Authorities to work with the owners of these homes and help bring them back to use.
2.1
Regional Context
2.1.1
The Housing Market Area
Though Bassetlaw is situated in North Nottinghamshire it has close links with the
Sheffield City Region and is placed in the North Derbyshire and Bassetlaw Housing
Market Area. The Council maintains many links with neighbouring Local Authorities
in Nottinghamshire but much of our partnership working is now focused the partner
authorities of Bolsover, Chesterfield and North East Derbyshire. We have jointly
produced a Sub Regional Housing Strategy and our investment planning with HCA is
being jointly formulated. A Private Sector Housing Strategy has also been jointly
commissioned and is due to be published in the summer, which this strategy sits
beneath.
2.1.2
Sheffield City Region (SCR)
The Empty Homes Group, which is a sub-group of the Sheffield City Region Local
Enterprise Partnership is an excellent opportunity for the eight local authorities* to
share good practice, take advantage of funding opportunities on a larger scale and
develop approaches to tackling empty homes across the region jointly or severally,
as appropriate.
*Barnsley, Bassetlaw, Bolsover, Chesterfield, Doncaster, North Derbyshire,
Rotherham and Sheffield
2.1.3
Statistics
Statistics relating to empty homes need to be treated with some caution as some
figures will relate to the private sector only, whilst others relate to both private and
public sector. This strategy relates to empty homes in the private sector only.
Table 1 at Appendix II indicates the number of empty homes in the Derbyshire and
Nottinghamshire Authorities and the number of those empty more than 6 months
against that of all empty homes. The table shows that all the Derbyshire and
Nottinghamshire Authorities have higher numbers of empty homes that in the East
Midlands as a whole, and that ‘void rates’ in the East Midlands are slightly higher
than in England overall. The table also indicates that Bassetlaw displays higher
levels of empty homes generally, but not a particularly high proportion of these have
been empty for over 6 months when compared with other neighbouring authorities, or
regionally, or nationally. Nevertheless there were 701 homes in Bassetlaw in April
2010 that have been empty for over 6 months giving considerable scope for the
Council to try and tackle this issue to the benefit of our community. This figure has
been steadily increasing in recent years and we are keen to see this trend reversed.
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2.2
Local Context
2.2.1
On 3 November 2009 the Council’s Cabinet agreed priorities for the District and its
residents for 2010 – 2013 in its a new Corporate Plan. We are committed to securing
the best quality of life for everyone in Bassetlaw and the Corporate Plan sets out how
we aim to achieve this
The plan is a key driver in the council’s priorities and targets for the coming years.
For housing there was significant emphasis placed on the production and
implementation of a new Empty Homes Strategy.
The Empty Homes Strategy contributes to the wider aims and objectives outlined
within the Corporate Plan and other key strategies. These strategies include:-
2.2.2

North Derbyshire and Bassetlaw Sub Regional Housing Strategy

Area Housing Strategy

Local Development Framework

Community Safety Strategy

Homelessness Strategy

North Derbyshire & Bassetlaw Sub Regional Private Sector Housing Strategy
An analysis of the geographical distribution of homes empty for over 6 months in
Bassetlaw was undertaken in December 2010. Broadly, empty homes appear to be
equally distributed throughout the district with the main settlements of Worksop and
Retford having the highest numbers. In the rural areas, as one might expect, the
larger settlements had more empty homes than smaller settlements though the
proportion of empty dwellings is broadly consistent throughout the district.
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2.3
Why an Empty Homes Strategy
2.3.1 Empty homes not only restrict housing supply, they also detract from the quality of
the local environment and can cause significant problems for local residents. Poorly
maintained empty properties can attract vermin, have an adverse effect on
neighbouring properties and can also be magnets for vandals, squatters, drug
dealers and arsonists.
Local authorities are increasingly engaging with owners to find the right solutions.
This can take the form of offering incentives such as empty homes renovation grants
or loans or advice on selling, leasing and tax issues. Such approaches are
dependent on goodwill and co-operation from owners and where this is achieved can
be highly effective. However, local authorities may also resort to enforcement action
where it has not been possible to achieve re-occupation of empty homes through
voluntary means. Local authorities have statutory powers to require the sale or
renovation of empty homes, which they can use as a last resort.
The aims of the Empty Homes Strategy are:

To raise awareness of empty homes issues within the community

To reduce the number of empty homes in the district

To be proactive in the identification of empty homes and work with owners to
bring these back into use

To effectively deal with any problems associated with empty homes

To reduce the need for future development

To improve the environment and outlook of the district

To work in partnership with other organisations involved with empty homes

To actively work with other council departments involved in empty homes

To assist in creating good quality, affordable housing for those in housing
need
A successfully targeted and effective approach to dealing with empty homes can help
to:

Reduce the risk of serious crime/vandalism/squatting

Significantly improve the appearance of a community/district

Improve the value of surrounding homes

Reduce the need for new-builds on Greenfield sites

Increase revenue to the council through greater Council Tax income

Bring homes back into use which will relieve pressure on the housing market

Enable Police and Fire services to focus on other issues
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There are benefits to both the owners of empty homes and to the community of
bringing them back into use:
To the property owner:

To enhance and increase the capital value of the property

Potential rental income

Occupation of the property reduces the risk of vandalism, squatters, antisocial behaviour and neighbour complaints
To the community:

A visual and social improvement to the locality and neighbourhood

To create a home for someone who may be homeless or in housing need
relieving the pressure on the demand for social housing

Increased revenue from Council Tax for an occupied property and reducing
this burden on other tax payers

Reduced complaints which frees up resources to tackle other issues
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Chapter 2: Our Approach to Empty Homes
2.1
We will encourage the owners of empty homes to bring them back in to use
voluntarily. Initially we will engage with owners by offering them support and advice.
Subject to the availability of funding we may offer an empty homes grant, where
appropriate.
We also intend to develop a private sector leasing scheme to help owners who are
reluctant to become landlords to rent out their property on their behalf.
If an owner is unwilling to having a home back in to use and it is causing a particular
problem, we will consider the enforcement process available to us. The legislation
giving Local Authorities the power to act in such circumstances are attached at
Appendix III.
2.2
Private Sector Housing Team
The Council’s existing Housing Grants and Assistance team will become the Private
Sector Housing team as their remit is broadened to include dealing with empty
homes. They will be supported by the Council’s Environmental Health team who
have the delegated authority to use the statutory powers outlined in Appendix III to
deal with more problematic cases.
2.3
Compilation of an Empty Homes database
2.3.1
To monitor the number of homes empty for 6 months or more in the private sector a
comprehensive database will be set up. The database will include the following
details:
- Address of empty property
- Name and contact details of owner
- Property details eg type, number of bedrooms etc
- Condition of property
- Owner’s intentions relating to the property
2.3.2
The Council Tax Section will provide the Private Sector Housing team with quarterly
list of empty homes within the district. Public access records such as the Land
Registry and Electoral Register will also be used to compliment this information.
2.3.3
We will also encourage people to report empty homes in their community directly to
the Council either by telephone or on-line.
2.4
A Systematic Approach (See Appendix IV)
2.4.1
The Private Sector team will send a questionnaire to owners of homes that have
been empty for 6 months or more in order to populate the database. From this we will
determine where targeted action needs to be focussed by designating particular
areas as Strategic Action Areas (SAA). As part of this strategic approach we will take
into account the demand for Housing in Bassetlaw when designating a SAA.
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2.4.2
There are a range of actions the Private Sector Housing team will use in order to
encourage owners to bring empty homes back into use. Where a property needs
renovating the team will offer technical advice and, if required, manage the process
of bringing the property up to the Decent Homes Standard2 through the Agency
Service, for which there would be a charge. Some owners may qualify for a
repayable grant (subject to funding being available); this will be determined by the
Council’s Empty Properties Group. Both the owner and the property would have to
meet set criteria before a grant could be approved. The criteria will be published in a
separate document to this strategy. There may also be circumstances where the
Council facilitate a loan or, in exceptional circumstances offer to buy the property
from the owner.
2.4.3
Where Empty Homes are causing a nuisance for the community, for example
attracting anti-social behaviour or vermin the Council’s Environmental Health team
will use statutory powers to force the owners to deal with problematic properties.
2.4.4
We will also explore the opportunity for different departments within the Council to
work together towards the common aim of bringing an empty home back into use;
this could include, for example, Council Tax, Planning, and Building Control.
2.4.5
There are a number of other options (see Chapter 3) that can result in empty homes
back into use and the Council will be working with relevant partners to further
develop these.
2.5
Monitoring the Empty Homes Strategy
The progress on bringing empty homes back into use will be monitored by the Empty
Property Group and reported to Members on a quarterly basis. From April 2012 we
will set targets and publish these on our website. As our intelligence grows in relation
to empty homes we will modify our approach and the tools we use accordingly in
order to ensure we maximise the number of homes brought back into use.
2.6
The Government’s New Incentive to Tackle the Blight of Empty Homes
2.6.1
As mention in paragraph 1.1 above the Government is offering a powerful new
incentive for councils to get empty homes lived in again, matching the council tax
raised for every empty property brought back into use. The Government is urging
local communities to work with their council to identify where empty homes are
blighting the neighbourhood, and start benefiting from extra cash that can be used to
improve the local area.
2.6.2
Bassetlaw District Council is keen to take advantage of this incentive and to invest
the bonus where local priorities dictate. There is a strong incentive for us to reinvest
at least part of the bonus into getting more empty homes into use, as it not only
benefits the community, it will generate even more empty homes bonuses.
2
Dept for Communities and Local Government definition:
a) It meets the current statutory minimum standard for housing
b) It is in a reasonable state of repair
c) It has reasonably modern facilities and services
d) It provides a reasonable degree of thermal comfort
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Chapter 3: Other Options for Empty Homes
3.1
Informal Approach
There are opportunities that will complement the mainstream activities undertaken by
the Council as outlined in this strategy. Where possible and subject to viability we are
keen to encourage and support projects of this nature.

Private Sector Leasing ie Council/ALMO acting as management agent – the
Council or its ALMO manage previously empty stock on an owners behalf.
This could be done on a voluntary basis or where Empty Dwelling
Management Orders have been obtained (see below).

Registered Providers – the Government has announced its intention to make
grant available for Housing Associations and other Registered Providers to
bring empty homes back in to use. If and when funding is available the
Council’s Private Sector Housing and Environmental Health teams would
work with Registered Providers to identify properties suitable for this initiative.

Self- Build / Self Renovation – this kind of activity is generally undertaken by
Homelessness Projects working with young people where a derelict building
is renovated and then a tenancy or tenancies offered to people who have
been involved with the renovation..

Special Purpose Vehicle – It may be possible to arrange funding through an
outside contractor to purchase empty properties on the open market and
renovate them. These could be subsequently made available for let or sale.
Once this type of initiative is set up they may be broadly self-financing.
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3.2
Enforcement
Our approach will be to seek remedy for all breaches of statutorily enforceable
standards brought to our attention. In the context of empty homes, this usually
means investigating and taking informal action to encourage the owner to deal
expeditiously with the problem. If emergency action is required or we feel that
informal action will not achieve quick results we will undertake formal actions
such as Works in Default to deal with immediate hazards and/or issue a Hazard
Awareness Notice, Improvement Notice, Prohibition Order or Demolition Order.
We may also consider prosecuting the owner.
Other Enforcement Action includes:

Notice to Improve the Condition of a Property – The Council can serve
a notice requiring the owner to improve the condition of a building and
surrounding land where its condition is adversely affecting the
neighbourhood. Works may include clearance, tidying, external repairs
and repainting. We can also carry out the works and recover the costs
from the owner in certain circumstances.

Dangerous or Dilapidated Property – if a property is considered to be
dangerous or dilapidated and the owner is not dealing with the issue the
Council can apply for a court order requiring essential works to be carried
out. If the owner does not comply we can execute the order and recover
expenses from the owner. This power only applies to a dangerous or
dilapidated property that poses a threat to public safety.

Empty Dwelling Management Order (EDMO) - An EDMO allows the
Council to manage a dwelling which has been unoccupied for six months
or more where the owner is not intending to re-occupy it. There are two
types of order - interim EDMO and final EDMO. They allow the Council to
secure occupation and proper management of privately owned houses
and flats that have been unoccupied for a specified period of time and
where certain other conditions are met. The Council must apply to a
Residential Property Tribunal to authorise the interim order which
precedes the final EDMO. We cannot sell the property but can carry out
works to make the property fit to occupy and also let the property. With an
interim management order permission of the owner is required for letting
however when a final management order is made the Council can let the
property without the permission of the owner.

Enforced Sale - Where the Council has incurred costs of more than £500,
for example in refuse removal, and has not been able to recover them
from the owner, the Council can enforce the sale of the property. We are
required to get best price on disposal, which would likely be through
auction.

Compulsory Purchase Order – The Council can also consider acquiring a
long term empty home using a Compulsory Purchase Order in order to
resolve the situation and give the Council effective control over the long
term use of the property. Once the property has been acquired, the
Council would look to sell it on expeditiously.
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Empty Homes Strategy - Appendices
Appendix I - The New Homes Bonus
The New Homes Bonus is designed to create an effective fiscal incentive to encourage
local authorities to facilitate housing growth. It will ensure the economic benefits of
growth are more visible within the local area, by matching the council tax raised on
increases in effective stock. This will redress the imbalance in the local government
finance system, whereby resources for growth areas did not keep pace with growth.
The Bonus will sit alongside the existing planning system. It is intended to help deliver
the vision and objectives of the community and the spatial strategy for the area. In
particular, it will be relevant to the preparation of development plans which concern
housing where it assists with issues such as service provision and infrastructure
delivery. However, it is not intended to encourage housing development which would
otherwise be inappropriate in planning terms.
The scheme will provide local authorities with a New Homes Bonus, equal to the national
average for the council tax band on each additional property and paid for the following
six years as an unringfenced grant. There will be an enhancement for affordable homes.
In particular the scheme has been designed in line with the following key principles:
Powerful - the grant will be payable for the following six years, so the total will rise
for at least the first six years. DCLG has allocated nearly £200m to fund the
scheme fully in 2011-12. For the following three years of the spending review
(2012-13 to 2014-15) they have allocated £250m per annum with funding beyond
these levels coming from Formula Grant. Those authorities which respond to the
incentive and embrace housing growth will reap the benefits.
Simple - for each additional home local authorities will receive six years of grant
based on the council tax, ensuring the economic benefits of growth are more
visible to the local community.
Transparent - it will be easy for councillors, the community and developers to
calculate and to see the early benefits of growth.
Predictable - the scheme is intended to be a permanent feature of local
government funding and will therefore continue beyond the six-year cycle. The
design features have been kept simple and stable to ensure that expected
rewards for growth are delivered.
Flexible - local authorities will be able to decide how to spend the funding in line
with local community wishes. The Government expects local councillors to work
closely with their communities – and in particular the neighbourhoods most
affected by housing growth – to understand their priorities for investment and to
communicate how the money will be spent and the benefits it will bring. This may
relate specifically to the new development or more widely to the local community.
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Appendix II - Tables
Table 1 - Empty Homes: April 2010
Private Sector
Local Authority
Total Empty
Homes
% Empty
Empty 6 Month
plus
% 6 months
plus/total empty
Ashfield
1881
3.65%
1000
53.16%
Bolsover
2662
5.36%
711
26.71%
Bassetlaw
1805
5.33%
701
38.84%
Broxtowe
2968
6.09%
17
0.01%
Chesterfield
1623
3.36%
740
45.60%
Gedling
1700
3.39%
567
33.35%
Mansfield
2076
4.42%
250
12.04%
Newark &
Sherwood
1209
3.27%
1041
86.10%
N.E.Derbyshire
1432
3.28%
820
57.26%
Rushcliffe
1507
3.22%
637
42.27%
East Midlands
62134
3.19%
29797
47.96%
England
651993
2.87%
307001
47.09%
Source: Empty Homes Agency
Table 2 - Geographical Distribution of Homes empty for over 6 months (Dec 2010)
Area
Worksop
Retford
Bassetlaw West
Bassetlaw North
Bassetlaw North East
Bassetlaw South East
TOTAL
No.
275
189
94
150
102
54
864
Source: Council Tax Data
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Appendix III - Powers Available to Deal with Empty Homes
Problem
Legislation
Dangerous or dilapidated
buildings
Building Act 1984,
Section 77 and 78
Property in such a state as to
be a nuisance (e.g. leaking
gutters causing dampness in
adjoining property)
Unsecured property posing a
risk of unauthorised entry or
likely to suffer vandalism,
arson or similar
Environmental Protection Act
1990, Section 79
Blocked or defective drains
or private sewers
Local Government
(Misc. Prov) Act 1982,
Section 29
Environmental Protection Act
1990, Section 80
Building Act 1984, Section
78
Local Government
(Miscellaneous Provisions)
Act 1976
Building Act 1984
Public Health Act 1961
Vermin either present or a
risk of attracting vermin that
may detrimentally affect
people’s health
Unsightly land or property
affecting the amenity of the
area
Prevention of Damage by
Pests Act 1949, Section 4
Environmental Protection Act
1990, Section 80
Public Health Act 1961,
Section 34
Building Act 1984, Section
76
Public Health Act 1936,
Section 83
Public Health Act 1961,
Section 34
Town and Country Planning
Act 1990, Section 215
Building Act 1984, Section
79
Action Required
Requires the owner to make
the property safe or enable the
Local Authority to take
emergency action to make the
property safe
Requires the owner to take
steps to abate the nuisance
Requires the owner to take
steps to secure the property or
allows the Local Authority to
board it up in an emergency
Allows the Local Authority to
fence off the property
Requires the owner to address
obstructed private sewers
Requires the owner to address
blocked or defective drains
Requires the owner to address
defective drains or private
sewers
Requires the owner to take
steps to clear the land of
vermin and/or requires the
owner to remove waste likely to
attract vermin
Requires the owner to remove
waste from the property
Requires the owner to address
unsightly land or external
appearance of the property
Requires the owner to address
the property adversely affecting
the amenity of the area through
its disrepair
15
Appendix IV – Approach to Tackling Empty Homes
IDENTIFICATION



From Council Tax Records
Other departments knowledge
Reports from owners and members of the public
INVESTIGATION


Tracing ownership
o contacting owners
o Using Council Tax Information
o Land Registry
Visiting the property
PRIORITISATION




Determining Strategic Action Areas
Monitoring progress if owner is working towards reuse
Identify key properties and owners for priority action
Target priority properties while providing advice and assistance for others
ENCOURAGEMENT



Engaging with the owner, offering support, advice and incentives if appropriate
Agreeing a plan of action with the owner
Liaising with other Council departments on behalf of owners, where necessary
ENFORCEMENT
If all else fails, and where appropriate consider:
 Enforced Sale
 Empty Dwelling Management Order
 Compulsory Purchase order
16
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