Amber Valley Borough Council
Empty Property Strategy
2015 – 2019
Empty Property Strategy
Annual 2015
Report
– 2015
2019 | 1
Foreword
Empty homes are a wasted resource but can but brought into use
to provide families with homes that are of the sort of standard that
everyone deserves. The purpose of this strategy is to show how we
are responding to the challenge that faces many councils throughout
the country - the problem of turning existing empty homes back into
quality homes. At a time of hardship for homeowners and tenants it’s
never been more pertinent to have a robust plan in place to make
sure that homes are kept occupied and to an acceptable standard.
Here we set out how we will meet the challenges we face.
Introduction
Empty properties have become high on the public agenda as concerns escalate about rising housing demand,
a shortage of housing development, unaffordability and the wasted resource of homes lying empty.
The profile of empty properties was raised by the Homes and Communities Agency allocation of £100 million
of its affordable homes programme to help registered providers and community organisations bring empty
homes into use as affordable housing.
Empty property work connects a mixture of housing, environmental and financial issues amongst various
Council sections. This strategy focuses actions and resources from across the Council to address empty
properties with a strategic approach. It is led by the Corporate Improvement Plan (2015-18) and forms part of
Amber Valley Borough Council’s Housing Strategy 2015 – 2020.
The previous Empty Property Strategy 2012 – 2015 expanded the empty property service and consolidated
approaches to enforcement. This strategy builds upon the previous work of Amber Valley Borough Council and
considers the role of vacant commercial property.
2 | Amber Valley Borough Council
1 Empty Properties — The National Perspective
Empty homes are a wasted resource but can but brought into use to provide families with homes that are of
the sort of standard that everyone deserves. The purpose of this strategy is to show how we are responding to
the challenge that faces many councils throughout the country - the problem of turning existing empty homes
back into quality homes. At a time of hardship for homeowners and tenants it’s never been more pertinent to
have a robust plan in place to make sure that homes are kept occupied and to an acceptable standard. Here
we set out how we will meet the challenges we face.
1.0This strategy has been developed to enable Amber Valley Borough Council, (‘the Council’), build upon
previous successes and further develop solutions within the opportunities and constraints of central
government’s national policies, guidance and funding. It focuses predominantly upon privately owned
residential dwellings but will incorporate vacant commercial buildings where owners or the local authority
wish to convert the premises to residential accommodation and planning policy permits this. In keeping
with the previous empty property strategy a long-term vacant property is defined as one that has not
been occupied for over six months.
1.1In the 12 months following the credit crunch of 2007 the number of long-term empty properties in
England peaked at a total of 326,954. This equated to 1.45% of the nation’s housing stock not being in
beneficial use. Since then the number of vacant dwellings has been falling in England, whilst amount of
overall housing has been increasing. Overall the proportion of vacant housing stock has been decreasing
nationally, as shown in the table below. Although the figure is heading in the right direction the pressure
for housing is increasing.
Table 1 | Long term empty properties in England
Year
Vacant over 6 months
Total housing stock
% housing stock empty
2009
316,251
22,694,000
1.39
2010
299,999
22,839,000
1.31
2011
277,529
22,976,000
1.21
2012
254,059
23,111,000
1.10
2013
216,050
23,236,000
0.93
2014
205,821
23,372,000
0.88
1.2 Central Government Policies
1.3When the Coalition Government was formed in 2010 a number of changes were introduced that
encouraged local authorities to bring empty properties into use. In 2011 the Government launched a
national housing strategy that recognised the benefits of bringing empty homes into use as affordable
housing. This was supported by grant funding from the Homes and Communities Agency. Nationally
this funding scheme was fraught with difficulties as many local authority partnerships found contractual
arrangement with the Homes and Communities Agency too onerous and lacking in understanding of the
complexity of empty property work. By March 2014 only 1,339 of the anticipated 5,655 affordable units
had been delivered.
1.4The Council and Futures Homescape were one of the few partnerships that performed well. A total of
£380,000 was brought into the borough to bring 45 empty dwellings into use on a lease and repair basis
and another £250,000 was used to deliver 5 properties on a purchase and repair basis. The partnership
was recognised with the award of ‘Best Local Authority/Housing Association Partnership 2014’ by the
Empty Homes Network.
Empty Property Strategy 2015 – 2019 | 3
1.5The Coalition Government introduced other measures to help local authorities tackle empty homes. The
first is the discretion to charge 150% council tax liability for homes empty for over two years. The Council
has opted to keep council tax at 100%. Many owners are genuinely renovating homes but this takes time
as this is often done on a part-time basis. Owners regularly save money for repairs, carry out repairs,
need to save more money for the next part of the project and so the cycle continues. Charging 150% for
council tax can penalise owners who are willing to take on longer-term empty properties and associated
complex renovation projects. Secondly the Coalition Government introduced the New Homes Bonus
which financially rewards councils for reducing the total number of empty homes from one year to the
next but financially penalises councils where numbers increase. Overall housing market conditions can
have a positive or negative effect on these figures and are beyond the control of the local council. A more
accurate reflection of empty homes work would be to look at proportion of housing stock empty.
1.6New Homes Bonus also rewards councils for increasing total housing stock through either new-build or
conversion of redundant buildings. Empty property work in Amber Valley is expanding into these areas
by pursuing conversion opportunities and brownfield sites where demolition of a redundant building will
make way for increased new-build development. This may be either affordable or market housing. The
Elphicke-House Report (2015) affirms that local authorities should take the lead to facilitate housing
development in their areas. By tackling dilapidated sites, through enforcement if necessary, the council
will be able to facilitate development and make a difference to local communities.
1.7The current Government, elected in 2015, did not include the issues of empty properties within its
manifesto and has discontinued the empty property grant schemes. However, the fall in empty properties
from 299,999 in 2010 to 205,821 in 2014 (Table 1) clearly demonstrates the success of the Coalition’s
combined measures. The challenge now falls to local councils to prevent the numbers of empty
properties increasing and adversely affecting local housing markets and environments.
1.8 Homelessness
1.9Approximately 2% of the housing stock is vacant at any one time due to short-term transactional voids,
essential for the functioning of the housing market but the 205,821 long-term empty properties do not
fit into this category. Nationally this amounts to 4 properties vacant for every household accepted as
unintentionally homeless and in priority need throughout 2013-2014. 6,390 of these households were
temporarily accommodated in bed and breakfast, entirely at the cost of the public purse, as there was
no other temporary or permanent housing available to them. In Amber Valley the empty property leasing
scheme has been of great assistance to help reduce the need for bed and breakfast use by providing a
supply of affordable housing.
1.10Fuel Poverty and Energy Efficiency
1.11It can cost up to £250 a year more to heat a home that is attached to a vacant property. For some, this
additional cost will mean that living next to an empty property will put them in fuel poverty. Households
are considered to be in fuel poverty if over 10% of disposable income is spent heating the home.
1.12Unfortunately empty properties may not qualify for the Government’s Green Deal scheme because when
calculating whether the property is suitable an assessor will ask about occupants and usage to see
where carbon savings can be made. Unheated empty homes will not be using carbon so there will be no
demonstrable savings to be made.
1.13Crime and Security
1.14Empty properties can attract crime and anti-social behaviour, such as arson, a place for people to ‘hang
around’, vandalism, squatting, trespass and theft. This increases the burden upon the local police and
fire services and increases fear of crime in local communities. Research carried out by Homes from
Empty Homes found that a quarter of malicious dwelling fires occurred in empty properties. In 2012
squatting in residential property became a criminal offence.
4 | Amber Valley Borough Council
1.15Environmental Issues and Quality of Life
1.16Empty properties can cause visual blight and attract more serious problems such as fly tipping, vermin,
damp and vandalism. These hazards often require local authority action, which takes officer time away
from finding a way to bring properties into use. Vacant dwellings can blight residential, industrial and
tourist areas. They can lower commercial rents, property prices and discourage investment or tourism;
leading to a spiral of decline and neglect in a community.
1.17A wasted housing resource
1.18Empty properties are an inefficient use of the housing stock and bringing them into use helps meet
the demand for homes. Bringing empty homes into use complements but does not replace new-build
development as the demand for housing outstrips the number of empty homes available The Empty
Homes Agency is considering carrying out research nationally to identify wasted commercial space and
the benefits of converting this to housing.
Empty Property Strategy 2015 – 2019 | 5
1 Empty Properties — The Amber Valley Perspective
2.0Amber Valley has a shortage of general needs housing across all areas and tenures. Empty homes
deplete the stock further, representing a wasted opportunity to meet housing need in the borough and
an inefficient use of the resources we do have. Empty homes need to be considered as part of housing
supply. There is still a requirement for new-build as housing demand, both market and affordable, is in
excess of the number of empty homes available.
Chart 1 | Proportion of empty properties to total dwellings needed 2.1
Current empty properties
Dwellings needed by 2028
2.1 Affordable Housing Need
2.2The current (2012) housing needs study indicated 1530 new affordable homes were required to meet
projected housing need from 2012 – 2017. Demand is greatest among the four market towns of Alfreton,
Belper, Heanor and Ripley and the immediate surrounding areas. The Council explores all opportunities
to link empty homes to affordable housing delivery and has had previous success in partnership with
Futures Homescape and the Homes and Communities Agency via purchase and repair schemes
and lease and repair schemes. The Council has also used s106 funding to provide affordable home
ownership products by offering equity share loans to help first-time buyers get on the housing ladder.
S106 funding is a contribution developers make towards the provision of affordable housing. This is
usually in the form of properties developed on a site but can be taken as a financial contribution instead.
2.3 Home Ownership
2.4Accessing the home ownership sector can be problematic for some due to high house price to income
ratios. The average for Amber Valley is 4.2 but ranges from 15 in Hazelwood to 3.3 in Somercotes.
House prices have continued to rise steadily over the last few years.
6 | Amber Valley Borough Council
Chart 2 | Average house prices across all property types
2.5The monthly mortgage payments for a currently averaged priced property in Amber Valley would cost
£689. This is based on a 25 year repayment mortgage of 3.3%apr, paying a 10% deposit on a property
costing £157,844. A household would need an annual income of £33,072 to be paying no more than 25%
of their gross income on housing costs.
2.6Considerable variation in property prices can be seen within the borough. The western settlement of
Belper, with good transport links to Derby and the Peak District, experiences higher prices than the other
three towns.
2.7 Private Renting
2.8From 2001 to 2011 the private rented sector increased from 6.8% of the housing stock in Amber Valley
to 11.8%. It is lowest in the Shipley Park, Horsley and Horsley Woodhouse Ward, at 7.2%, and highest
in the South West Parishes Ward at 16.6%. It continues to be of increasing importance for households
in receipt of local housing allowance and for first-time buyers unable to access home ownership. The
Council’s 2010 stock condition survey found 41% of the private rental market was non-decent. The
Council aims to improve standards here. Where tenants leave properties due to poor conditions the
Empty Property Officer is to work closely with the Housing Standards Officers to ensure poor properties
are brought up to an acceptable condition expediently and not languishing empty.
2.9Homelessness
2.10In 2014/15 the Council’s homelessness service accepted 117 households as homeless and in priority
need. A further 88 households were prevented from becoming homeless by accessing housing in the
private sector. Encouraging landlords to bring empty homes into use for homeless households remains
part of the empty property strategy.
Empty Property Strategy 2015 – 2019 | 7
2.10Residential Care and Probate
2.11Sometimes living at home becomes too difficult and so the decision is taken to move into care either
temporarily or permanently. On occasion some residents unrealistically expect a move to be temporary
and make no provision for their home to be maintained. For a short period this may be adequate but
there are instances where over time homes become dilapidated, relatives have no authority to look after
the home and the owners lose the capacity to do so. Such homes can attract problems such as blight,
anti-social behaviour, leaks and arson. Stronger links need to be made to Adult Care Services to raise
the profile of these potential problems. The home below is an example of a property being set on fire in
these circumstances.
2.12Some homeowners also do not write a will and appoint an
executor to deal with the estate once they pass away. This
can lead to family disputes and render properties empty for
some time. Where a next of kin cannot be found the Council
can still consider compulsory purchase to bring a home into
use. Stronger links could be made with local solicitors to raise
awareness about homeowners making formal arrangements
to bequeath their property.
2.13The Council understands that these situations can be
emotional and sensitive but that it also has a responsibility
to the whole borough. The Council will make contact with
owners in care or next of kin two years after the owner has
either moved into care or passed away, unless there is an
urgent need to make contact sooner.
2.14Empty Properties over Time
Table 2 | Empty Properties in Amber Valley
Year
Total housing stock
Vacant over 6 months
% housing stock empty
2010
54,630
727
1.33
2011
54,930
780
1.42
2012
55,130
644
1.17
2013
55,340
724
1.31
2014
55,610
706
1.27
2.15 This strategy will aim to reduce the proportion of empty homes to under 1.25% of the total housing stock.
8 | Amber Valley Borough Council
3 Empty Properties — Targeting the Problem
3.1 Locating and defining empty properties
3.2The Council considers an empty property to be one that has been empty for over six months. This
strategy however will review the need to make contact with owners at this stage or whether resources
are better targeted towards properties that have been empty for a longer period. A second home is
considered to be additional properties owned by an individual or company, furnished and occupied
on a periodic basis. An empty property may attract the status of a ‘second home’ under Council Tax
regulations but still be considered to be an empty property for the purposes of this strategy. To qualify as
a second home for Council Tax liability the property needs to be furnished and the owner has a different
main residence. This incorporates many empty properties that owners do not occupy periodically, such
as private rental market furnished accommodation, inherited homes, homes being used for storage and
abandoned dwellings. The Empty Property Officer and Council Tax regularly share information about
empty and second homes.
3.3Owners of homes that are registered by Council Tax as long-term empty or a second home will be
contacted by the Empty Property Officer to ascertain what the plans are to bring it back into beneficial
use or whether it is genuinely used a second home.
3.4Some long-term empty properties have the potential to always be registered as such due to them being
located over businesses and giving direct access into the business premises. Unless the business owner
or an employee lives there it can create security risks to the business. Pubs, restaurants and farms are
a good example of this, where the business manager or tenant lives elsewhere. There are currently 15
such properties in the borough that have been registered empty for over 10 years.
3.5 The strategy also looks at empty properties in terms of total stock composition for a defined area. One
empty property in a rural community can have just as much impact as multiple vacant buildings in an
urban settlement. The chart overleaf shows the proportion of total housing stock made up of empty
properties and second homes in each Ward.
Chart 3 | Proportion of empty properties and second homes in each ward
Empty Property Strategy 2015 – 2019 | 9
3.6 Mapping these proportions shows geographically where higher and lower concentrations of empty
properties are located. Map 1 overleaf shows that that wards with the highest proportions of empty
properties are Alport, Heanor West, Heage and Ambergate, Langley Mill and Aldercar, Crich, Duffield,
South West Parishes and Codnor and Waingroves where empty properties comprise over 2% of the
total stock. These locations form part of the assessments carried out when prioritising properties for
enforcement action.
3.7
Map 2 shows the highest proportions of second homes are located mainly in the western areas of the
borough and in more rural wards . These are not to be confused with commercial holiday lets, which play
an important role in encouraging tourists to the area. Second homes and holiday cottages can inflate
local property prices by depleting the supply of homes available. Areas with a high proportion of second
homes can see local services eroded as there is not the continuous demand for shops, public transport,
community facilities, banks and schools. This can serve to isolate rural communities and present
difficulties for local residents.
10 | Amber Valley Borough Council
Map 1 | Proportion of empty properties
WINGFIELD
CRICH
ALFRETON
SOMERCOTES
SWANWICK
HEAGE &
AMBERGATE
ALPORT
BELPER
NORTH
RIPLEY
RIPLEY & CODNOR &
MAREHAYWAINGROVES
BELPER
EAST
BELPER
CENTRAL
KILBURN, DENBY
BELPER
SOUTH
DUFFIELD
IRONVILLE &
RIDDINGS
& HOLBROOK
LANGLEY MILL
& ALDERCAR
HEANOR &
LOSCOE
HEANOR
HEANOR
WEST
EAST
SHIPLEY PARK, HORSLEY &
HORSLEY WOODHOUSE
SOUTHWEST
PARISHES
High priority >2%
Medium priority1.5% – 2%
Low priority <1.5%
Empty Property Strategy 2015 – 2019 | 11
Map 2 | Proportion of second homes
WINGFIELD
CRICH
ALFRETON
SOMERCOTES
SWANWICK
HEAGE &
AMBERGATE
ALPORT
BELPER
NORTH
RIPLEY
RIPLEY & CODNOR &
MAREHAYWAINGROVES
BELPER
EAST
BELPER
CENTRAL
KILBURN, DENBY
BELPER
SOUTH
DUFFIELD
IRONVILLE &
RIDDINGS
& HOLBROOK
LANGLEY MILL
& ALDERCAR
HEANOR &
LOSCOE
HEANOR
HEANOR
WEST
EAST
SHIPLEY PARK, HORSLEY &
HORSLEY WOODHOUSE
SOUTHWEST
PARISHES
High proportion >0.5%
12 | Amber Valley Borough Council
4 Empty Properties — Delivering the Strategy
4.1 Corporate Commitment
4.2The Council has a dedicated Empty Property Officer that represents the interests of Amber Valley locally,
regionally and nationally. The Empty Property Officer also attends the Housing Strategy Implementation
Group to link empty property to providing affordable housing opportunities or tackling homelessness.
Bringing empty homes into use and pursuing opportunities for housing growth are seen to contribute to
achieving the Council’s priority of a prosperous and healthy Amber Valley.
4.3 Advice and Assistance
4.4The Council can provide information relating to getting a property occupied. This encompasses planning
and construction advice, council tax discounts and exemptions, becoming a landlord, selling a property,
property auctions, housing standards, fly-tipping, enforcement, nuisance, security, letting or leasing a
property, energy efficiency and details of local contractors or businesses that may help owners bring
a property back into occupation. This strategy will improve the information available to owners via the
Council’s website to help owners access assistance in the evenings and at weekends.
4.5 Letting and Leasing
4.6Owners can ask to advertise empty property for let on the Council’s website. This service is free of
charge and available to owners who want to manage the tenancies themselves or those who have
appointed an agent — in this instance the agent’s contact details are included in the advert. The Council
can also help find tenants for empty property owners through Futures Homescape, which manages the
Council’s Homelessness and Housing Advice Service. This saves owners the cost of advertising.
4.7Futures Homescape has secured funding from the Homes and Communities Agency to lease and repair
at least 50 empty properties by March 2015. The homes are let at affordable rents. The Council worked
with Futures Homescape to promote the scheme and identify suitable properties to lease. Although
this funding has now been spent owners still have the opportunity to lease empty properties to Futures
Homescape. The main difference is that dwellings must already be up to standard and not require
renovation. Due to welfare reform 1-bed and 2-bed homes are needed most. Leasing enables owners
to relinquish all property and tenancy management responsibilities whilst benefiting from a guaranteed
monthly income.
4.8 Property for Sale
4.9When owners give permission, the Council advertises empty property for sale, either on the website
or via the EPO. This service is also free of charge and enables owners who are confident enough to
manage a sale, to enter into private negotiations with prospective purchasers and save paying an
agent’s commission. If owners are selling through an agent the Council can also place these properties
on the website, giving the agent’s details as the point of contact. The Council also helps owners access
advice and information about realistic property prices for homes up for sale.
4.10Buyers’ Database
4.11The Council has a list of individuals and developers looking for property to purchase and renovate.
There are people looking all over the borough for different types of property, with varying price ranges.
These can be matched to empty properties for sale, usually in conjunction with the advertising service
described above or where owners wish to enter into private negotiations.
Empty Property Strategy 2015 – 2019 | 13
4.12Financial Assistance
4.13
To provide working capital to a new owner of an empty property, the Council offers Empty Homes Renovation Loans. These are offered on an interest free basis and are fully repayable, by monthly instalments, over a period of years dependent on the size of the loan. The maximum loan available is £15,000.
The addition of a charge on the property in favour of Amber Valley Borough Council at HM Land Registry, plus the various checks and balances in the loan approval and administration process as well as non-
payment clauses, serve to protect the financial interests of the Council.
The scheme reflects best practice and results in the return to use of previously empty homes that otherwise would have remained empty and unused.
Providing this upfront capital also makes some nonviable projects more financially inviting and can provide an alternative to potentially more expensive and time consuming enforcement action.
Full scheme details are provided in the Councils’ Empty Property Renovation Loan Policy.
4.14External Funding
4.15The Council will pursue all relevant external-funding opportunities. This may involve working with
registered providers and other authorities with similar priorities. How the funding that can be used will be
dependent upon the criteria for making an application. The Council has facilitated lease and repair and
purchase and repair scheme using Homes and Communities Agency grant funding.
4.16When some planning applications are made it may be possible for the Council to receive a commuted
sum in lieu of affordable housing provided on site. This funding could be used to tackle vacant brownfield sites, either commercial or residential, to provide additional affordable housing. The current affordable housing planning policy assumes on-site delivery of affordable housing so will need to be reviewed to better support the use of commuted sums.
4.17
Empty property renovation schemes also help the local construction economy by providing employment. Regional award-winning regeneration schemes, such as Meden Valley Making Places have
demonstrated how tackling empty properties can lead to wider community benefits, such as construction skills training. It is hoped that the D2 combined authority will provide funding to help improve economic benefits to communities by linking housing regeneration with local skills training. The combined authority could also improve local environmental benefit to communities by supporting the redevelopment or conversion of derelict and neglected commercial and residential sites.
4.18Development Opportunities
4.19Some empty properties, both residential and commercial, come to the end of their useful life and
redevelopment of the site is a more useful option. The Council could better understand future
development options by pro-actively considering future uses and constraints associated with sites
identified. For example, strategic housing and development teams in other authorities establish
acceptable planning uses for sites and consult highways, statutory undertakers and geotechnical officers
regarding any development constraints. Such information can help empty property owners make a
decision about the future use of the site and present opportunities for affordable housing development
partners. This requires a different way of working and cross-Directorate support.
14 | Amber Valley Borough Council
4.20To complement the Local Plan this strategy will ask communities to identify vacant buildings they would
like to see either converted or redeveloped into housing. The Elphicke-House report suggests local
authorities take the lead to deliver these sites, using enforcement tools if necessary. The site below
was identified by a local councillor and via the use of enforcement action has now been developed into
housing.
4.21New Homes Bonus
4.22New Homes Bonus is a funding stream which generates much needed income for local councils. By
tackling empty properties and facilitating housing development of brownfield sites the Council can
generate on average £5,400 for each new home delivered or property occupied.
4.23Planning and Building Enforcement
4.24Section 215 of the Town and Country Planning Act 1990 allows local authorities to deal with unsightly
land or the external appearance of property. Although it does not bring property back into use it can
reduce the negative impact an empty property has on the local area and service of a notice can engage
an otherwise reluctant owner.
4.25Section 77 of the Building Act 1984 enables local authorities to deal with properties it considers
dangerous. Magistrates’ Courts can make an order requiring the owner to make the building safe or
demolish it. Section 78 allows local authorities to carry out such works if they pose an immediate danger.
Section 59 is used where guttering and drainage is defective as this can cause properties to become
damp.
4.26Environmental Enforcement
4.27Sections 79 – 81 of the Environmental Protection Act 1990 allow the local authority to deal with statutory
nuisances and problems that arise from empty homes, such as rubbish accumulation or dampness
affecting neighbouring properties.
4.28Section 4 of the Prevention of Damage by Pests Act 1949 requires the owner to deal with or prevent
infestations of rats and mice.
4.29Housing Enforcement
4.30The Housing Act 2004 places a general duty upon local authorities to take enforcement action under
certain circumstances. This includes both occupied and empty properties. Chapters 2 and 3 of the Act
detail the categories of notices that can be served and the circumstances where they apply.
4.31The Housing Team responds to over 200 housing complaints a year and now takes a more thorough
approach to tackling poor quality private rented housing. The service ensures repairs are carried out
rather than the owner allowing the property to remain empty and fall into further disrepair. If the Council
has to serve notice pursuant to the legislation above and the work is not carried out by the owner
the Council can do it in default. In which case, the council can register the costs of these works as a
land charge debt against the property. Where a Prohibition Order is needed for an occupied property,
consideration will also be given to serving an Improvement Notice so that the Council can do work in
default if the owner does not comply with the notice. Ultimately the Council could enforce sale of the
property if the owner does not repay the Council’s costs.
Empty Property Strategy 2015 – 2019 | 15
4.32Enforced Sale
4.33The Council can enforce sale of a dwelling if the owner owes a debt to the council, as described above.
This can also include Council Tax debts. When that sale completes the Council recovers its debt and
passes on the remainder of the capital to the owner. The Council can also recover its costs of pursuing
this process. This Council has an enforced sale procedure and a revolving enforcement budget for works
needing to be carried out in default.
4.34Compulsory Purchase
4.35Section 17 of the Housing Act 1985 enables councils to acquire ineffectively used land or property for
residential purposes. The Council must demonstrate this will increase either the quantity or quality
of housing available. Bringing empty properties into use usually fulfils both criteria as the Council will
increase the number of homes available and often also addresses issues of disrepair. The Council can
also use these powers to convert or redevelop vacant commercial sites into housing or where the owner
of a property cannot be established.
4.36Empty properties can also be acquired through Section 226 of the Town and Country Planning Act
1990, as amended by the Planning and Compulsory Purchase Act 2004. The Council must believe the
acquisition will facilitate development, redevelopment or improvement that will promote social, economic
or environmental wellbeing.
4.37Unlike the enforced sale process there are unrecoverable expenses associated with pursuing a
Compulsory Purchase Order, for example, the authority must pay all reasonable legal and surveyor’s
fees incurred by the empty property owner.
4.38Empty Dwelling Management Orders
4.39In this scenario the Council is empowered to take over management of a property that has been empty
for 6 months or more where there is no prospect that the owner will have the property occupied in the
near future. Firstly, an Interim Order is issued by a Residential Property Tribunal that lasts for up to 1
year. The Council can revoke this and make a Final Order, which can last for 7 years. The Council is
required to carry out any necessary refurbishment and then let the dwelling. Any surplus income is paid
back to the owner.
4.40The Council has commenced informal proceedings in a number of instances now and this has resulted in
properties being brought into use without the need to apply to a Residential Property Tribunal. With the
development of a leasing scheme partner the Council is able to further build upon this.
4.41Targeting Action
4.42The Council uses the following factors to prioritise financial assistance offered to or enforcement action
taken against empty properties:
• Condition of the property > poorer condition = higher priority
• Length of time unoccupied > longer time = higher priority
• By area > higher proportion of empties = higher priority
• Number of complaints > more complaints = higher priority
• End use > affordable housing/nomination rights = higher priority
16 | Amber Valley Borough Council
•Location > prominent location = higher priority (which is not only aimed improving the environmental
well-being of an area but also maximising the commercial and tourist appeal of the Borough)
4.43Performance and Targets
4.44There is no national target for bringing empty homes into use. The Council considers this an important
area to improve supply the of decent housing so retains a local indicator to measure performance.
Empty property returned to use
2011/12
2012/13
2013/14
2014/15
66
60
64
75
Empty property target – 2015/16-2018/19
2015/16
2016/17
2017/18
2018/19
65
65
68
70
4.45It is also worth noting the additional new units that have been created through converting or redeveloping
empty properties. Each of these units attracts around £5,400 New Homes Bonus into the Council. The
48 additional units below have generated around £259,200 New Homes Bonus as a result of tackling the
original empty property that was on the site.
New housing units created
Year
Conversions
New build
2014/15
9
0
2013/14
0
22
2012/13
15
2
Empty Property Strategy 2015 – 2019 | 17
5 Empty Properties — Action Plan
Objectives
Outcomes
The Council will continue to help owners bring empty
homes into use and tackle those where owners are
unwilling or unable to.
To deliver a 4 year empty property strategy
The strategy will support the Council’s corporate
commitments to increase the supply of housing
and tackle poor conditions in private sector housing
stock.
Robust, transparent and expedient approach to
delivering the empty property strategy.
Maximise funding opportunities and investment in
empty homes and vacant commercial sites suitable
for housing use.
Increase or improve the range of voluntary options
available to help empty property owners
Improved e-information available.
Vulnerable owners better able to make plans for
empty properties.
Empty homes brought into use as affordable
housing.
Maximise links to other strategic priorities
More homes available for homelessness prevention
purposes.
Housing redevelopment sites identified.
To provide a range of enforcement options to tackle
empty homes
18 | Amber Valley Borough Council
Priority homes brought into use through use of
enforcement action.
To deliver a 4
year empty
property strategy
1. Review the need to contact owners after property has been empty six
months or whether to move to twelve
months.
AVBC
2. Continually identify which owners
need help, monitoring or enforcement.
Property Owners
3. Work with internal and external
partners to provide options for owners
or enforcement solutions.
Dec 2015
Within
existing
budgets
March 16
Within
existing
budgets
Registered
Providers
Landlords
Developers
Funding providers
4. Identify internal and external
funding opportunities and the
implications of empty homes work on
the New Homes Bonus.
Increase or
improve the
range of
voluntary options
available to help
empty property
owners
1. Design a corporate website
template to advertise property for sale
or let including internal as well as
external photographs.
2. Encourage local solicitors to join
promotional campaign to raise
awareness of benefits of property
owners having a will.
3. Raise awareness of implications of
leaving property empty with
vulnerable residents going into care
either temporarily or permanently.
AVBC
Local Solicitors
Derbyshire
County Council
June 16
Registrar
DASH
Sep 16
4. Review and improve information
available and links on Council’s
website.
Dec 16
5. Establish loan fund to renovate
empty homes.
Dec 16
New homes
bonus
Empty Property Strategy 2015 – 2019 | 19
Maximise links
to other strategic
priorities
To provide a
range of
enforcement
options to tackle
empty homes
1. Investigate possibility of using
HCA’s continuous market engagement
to bring properties into use as
affordable housing.
AVBC
2. Identify sites suitable for demolition
or conversion to create additional
residential units through local
consultation.
Derbyshire
County Council
March 16
Registered
Providers
Sep 16
HCA
3. Review planning policy to consider
enabling redundant commercial pubs
and premises to be converted or
remodelled to provide housing.
June 16
4. Review planning s106 policy to
include commuted sums.
March 16
5. Maximise new homes bonus by
contacting businesses with vacant
residential space to see if it is
furnished and use as a second home.
Sep 16
1. Continue to prioritise properties for
action and review all awaiting action in
line with this strategy.
2. Identify 5 properties each year for
empty dwelling management order
consideration.
AVBC
Construction
contractors
Futures Housing
Group
Legal
3. Identify 1 dwelling and commercial
site each year for potential
compulsory purchase proceedings.
20 | Amber Valley Borough Council
Within
existing
budgets
Dec 16
Within
existing
budgets
Use enforcement
budget to
carry out
initial work
and recover
through
rental
income
Capital
reserve
required
should
purchase
be
necessary
Designed and Published by Amber Valley Borough Council
Empty Property Strategy 2015 – 2019 | 21