The last resort - enforcement options
If an empty property is causing significant blight to an area or causing a statutory nuisance the Council has the powers to take enforcement action to rectify this.
Enforcement options available to the Council
The Council is keen to avoid enforcement action and prefers to work with responsible property owners to sort out issues with their properties.
However, if we cannot sort out the issues with property owners there is a wide a range of powers that we can use. We will use the most appropriate and proportionate powers to resolve empty property issues. We will often need to use multiple powers to resolve problem cases.
The laws that we use most to deal with the problems linked to or caused by empty homes include:
Section 29 of the Local Government (Miscellaneous Provisions) Act 1982
If an empty property is insecure and open to access, the Council can serve a notice on the owner giving them 48 hours notice of the Council’s intention to carry out works to secure the property. The cost of this will then be reclaimed from the property owner.
Section 59 of the Building Act 1984
If the empty property has defective drainage, for example gutters, which are affecting the neighbouring properties, the Council can serve a notice requiring the owner to repair them. If the notice is not complied with the Council can prosecute the owner and/or carry out the works in default (this means that the Council arranges for the work to be done). All costs associated with doing the work will be registered against the property, recoverable through enforced sale of the property.
Section 80 of the Environmental Protection Act 1990
If an empty property is in such a state of disrepair that it is causing a statutory nuisance, for example a defective roof that is causing damp to a neighbouring property, the Council can serve a notice requiring the owner to carry out repairs. If the notice is not complied with the Council can prosecute the owner and/or carry out the works in default (this means that the Council arranges for the work to be done). All costs associated with doing the work will be registered against the property, recoverable through enforced sale of the property.
Sections 79 and 80 of the Building Act 1984
If a building is considered to be ruinous and dilapidated or a dangerous structure the Council can serve a notice on the owner requiring them to demolish or repair the building within a set timescale. Again if the works are not carried out the Council may carry out the works in default (this means that the Council arranges for the work to be done). All costs associated with doing the work will be registered against the property, recoverable through enforced sale of the property.
Compulsory Purchase Order under the Housing Act 1985 (as amended) (CPO)
This is a tool of last resort where the Council applies to the Government to acquire a long term empty property, for instance because it is causing a serious nuisance or blight to an area, or because it has been left empty for a considerable length of time and it appears unlikely that anyone will bring it back in to use. Compulsory purchase is used to either return long term empty properties to use for housing purposes or to demolish them.
Section 79 of the Public Health Act 1936
Under this legislation the Council can serve a notice on the owner to remove noxious accumulations. It allows 24 hours notice of the Council’s intention to carry out the work and recharge the debt to the owner. All costs associated with doing the work will be registered against the property, recoverable through enforced sale of the property.
Prevention of the Damage by Pests Act 1949
If a property, or a garden, provides harbourage for pests, the Council can serve a notice on the owner requiring them to remove any accumulations that provide this harbourage.
Enforced Sale Procedure – Law of Property Act 1925
If there is a debt registered against a property, in favour of the Council, the Council can force the sale of the property in order to recoup the outstanding debt.