1.0 Introduction
The Council is committed to bringing long term empty homes back into use in Plymouth.
This policy will ensure the Council’s empty homes enforcement programme is robust and transparent and clearly sets out what enforcement action is appropriate to take as well as the timescales in which it should be taken.
Long term empty properties are a wasted resource as the City has a high demand for housing of all kinds. As of January 2022 there were 9186 households registered with the Council in need of affordable housing at a time when there are 1463 empty dwellings in the City, of which 670 have been empty for over 6 months.
2.0 The Impact of Empty Properties
Empty properties have a detrimental impact on the built environment and can severely affect the value of neighbouring homes as well as the wider neighbourhood. They often attract fly tipping, vermin, vandalism, squatters, burglars, arsonists and they can also lead to damp ingression in neighbouring properties often causing nuisance and stress to the occupants.
These issues often require intervention from the Council, Police and Fire Service putting additional strain on resources and incurring costs that may not be recovered from the owners.
The Council always offers support and advice to empty home owners to help them bring their empty property back into use. However, when the officer’s best efforts fail to bring about a voluntary solution, the Council has a duty to act to ensure properties do not remain empty indefinitely.
Properties that remain empty in the long term are most likely to cause problems. It is for this reason that this policy focuses on properties that have been empty for one year or more.
In the first instance we will identify empty properties and engage with the owners. Advice and assistance is offered in all cases, however if all avenues are exhausted, we will proceed with enforcement action.
3.0 Identifying the Priority Properties for Empty Homes Enforcement Action
When prioritising empty homes enforcement action, to ensure the action to be taken is both fair and transparent, the attached Appendix 1 assessment matrix should be applied.
The aim of this assessment process is to ensure that those properties which are creating most issues to the community are addressed first.
4.0 Identifying the Best Course of Action
The main aim of using empty homes enforcement is to bring about the re-use of the property using the most appropriate powers.
There are several ways in which this can be achieved with some methods being more effective than others, depending on the particular circumstances of the case. It is therefore important that the bigger picture is taken into consideration prior to embarking on the first stages of enforcement.
The considerations listed below must be taken into account prior to deciding whether
enforcement is appropriate:
- Whether the empty home owner has been offered all means of available help and support.
- If enforcement action is not taken, will the property remain empty?
- Whether the property in its present state is having a detrimental effect on neighbours, neighbouring properties and the environment.
- If there is sufficient evidence on file to demonstrate that enforcement action is justified.
- Whether there are any risks to the Council in taking enforcement action that outweighs the benefit to the community.
- Whether there are any risks to the owner in taking enforcement action that outweighs the benefit to the community
If having considered these points, it is decided that enforcement is an appropriate action, it should commence without delay.
Using the correct type of enforcement action is a key factor in ensuring a successful outcome. Table 1 sets out the legislation that the Council will use and by whom, when dealing with problems that frequently occur if a property is left empty.
The enforcement tools set out in Table 1 will not necessarily result in empty homes being
returned to use. However, the use of these tools will help to tackle the short term issues associated with empty homes. Regardless of whether the owner complies with the notices set out in Table 1, the use of this statutory action provides evidence should the enforcement action set out in Table 2 become necessary.
Table 1
Dealing with empty properties in the short term
| Problem | Legislation/ Who deals with it | Power Granted |
| Dangerous or dilapidated buildings or structures. | Building Act 1984:Sections 77 and 88 Building Control Team | A Section 77 notice requires the owner to make a building safe. A Section 78 notice allows the Council to take emergency action to make a building safe. |
| Unsecured properties where there is a potential risk that it may be entered or suffer vandalism, arson etc. | Building Act 1984: Section 78 Building Control Team Local Government (Miscellaneous Provisions) Act 1982: Section 29 Environmental Protection Team | A Section 78 allows the Council to secure a property. A Section 29 notice requires the owner to secure the property and it allows the Council to board up the property in an emergency. |
| Vermin - where vermin are present or where there is a risk of attracting vermin that may detrimentally affect people’s health. | Public Health Act 1961: Section 34 Prevention of Damage by Pests Act 1949: Section 4 Public Health Act 1936: Section 83 Environmental Protection Team Building Act 1984 Section 76 Building Control Team | To require the owner to remove waste so that vermin are not attracted to the site; to destroy infestation; and to remove accumulation prejudicial to health. Best implemented if an enforced sale using the Law of Property Act 1925 is to be used at a later date. |
| Unsightly land and property affecting the amenity of an area. | Town and Country Planning Act 1990: Section 215 Planning Consents and Compliance Team/Housing Delivery Team | Requires the owner to take steps to address a property adversely affecting the amenity of an area through its disrepair. |
| Empty property causing problems within the community. | Community Protection Notices Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014 Legal Services (Safer Communities)/Housing Delivery Team | Requires the owner to take action to prevent the empty property from causing a nuisance within the community |
N.B. The above list is sufficient to deal with immediate issues regarding empty property and is not intended to be a full list of available legislation that could be used in certain circumstances.
The types of enforcement action that can be used to bring empty homes back into use are set out in Table 2. The empty home owner will be informed in writing of the action that is to be taken prior to the commencing of enforcement proceedings.
All officers undertaking the enforcement action set out in Table 2 will be fully trained and competent to do so. Officers will take the appropriate action as promptly and efficiently as possible to minimise delays. Decisions relating to CPO and other forms of legal action will be approved politically by the Portfolio Holder and by Cabinet where required.
Table 2
Bringing long term empty properties back into use- longer term options
| Problem | Legislation/Who deals with it | Power Granted |
| Council tax debts of £1,000 or more on an empty property. | Charging Order/Order of Sale using the Charging Orders Act 1979 Customer Service Team/Legal Services. The Housing Delivery Team will ask the Customer Service Team to instruct Legal Services to apply to the court for an Order of Sale | An order obtained from the court to enable the Council to sell the empty property and recover the council tax debt and staff costs. |
| Debts of £300 or more owed to the Council resulting from non-payment for work carried out in default of legal notices | Enforced Sale using the Law of Property Act 1925: Section 103 The Housing Delivery Team/Legal Team | Allows the Council to sell the property to recover the debt and staff costs. The Council’s charge takes priority over mortgages and private debts. |
| Poorly maintained empty property that requires updating to make it available for letting. | Empty Dwelling Management Orders using the Housing Act 2004 Part 4: Sections 132-138 & Schedule 7 The Housing Delivery Team/Legal Services | Allows the Council to take over the management of an empty property, repair/renovate it and let it out to recover costs. |
| Problem property poorly maintained and for all intents and purposes abandoned | Compulsory Purchase Orders using the Housing Act 1985: Section 17 The Housing Delivery Team/Legal Services | Allows the Council to purchase the property and sell it on for development for housing purposes. |
5.0 Summary
When providing support to an empty home owner has failed to bring a property back into use, it is important that the Council can take appropriate and timely action against the owner to resolve the issue. There is no single solution that will solve every problem associated with empty properties. There is a wide range of interventions and statutory powers available and each property is assessed on a case by case basis. Enforcement is always a last resort, however the Council will pursue this course of action if all other options have been exhausted and the property is causing nuisance within the community.
6.0 Appendix
Appendix 1
Assessment Matrix
| Length of Time Vacant | 6 months – 2 years 2 – 5 years More than 5 years | 1 3 5 |
| Appearance | Minor disrepair Major disrepair | 3 5 |
| Dangerous Structure | No Likely with further deterioration Yes | 0 2 5 |
| Nuisance | None Minor Significant | 0 3 5 |
| Overgrown Garden | No Yes | 0 3 |
| Marketability/Habitability Question the scale here… | Saleable in present condition Needs some improvement/repair Needs substantial renovation Not repairable at reasonable cost | 0 1 3 5 |
| Social impact | Physical impact on neighbouring properties Incidents of fly tipping Infestation of vermin Incident of squatters Associated with ASB Incidents of arson/fire | 3 3 3 3 5 5 |
| Previous EH action | No Yes | 0 10 |
| Complaints | None 1-2 3+ | 0 5 10 |
| Special Interest | Located in a Conversation Area Listed Building | 5 10 |
| Debts owed to PCC | <£500 £500-£5000 >£5000 | 0 10 20 |
| Owner’s Attitude | Willing and compliant Some cooperation or compliance Non-compliant/uncooperative/not known | 0 3 5 |
| Ownership | Contactable and responsive Contactable but not responsive Not contactable/not able to trace | 0 3 5 |
Appendix 2
Principles for Enforcement to bring Empty Property back into use
This Policy aims to bring long term empty properties back into use. The enforcement action used to do this will be based on the Government’s Enforcement Concordat, which “aims to protect the public, the environment and groups such as consumers and workers.” The following principles will be adhered to;
- Openness – we will aim to be transparent in all that we do
- Helpfulness – we will explore all avenues of help prior to taking any enforcement action and provide information about planned enforcement to ensure any implications are documented
- Proportionality – we will ensure that the enforcement action taken is proportionate to the risks
- Consistency - we will ensure each case is treated equally and fairly and tested against the same criteria
- Human Rights Act 1998 – we will ensure that all rights of individuals and the community are protected
Appendix 3
All staff must follow the Nolan Principles of working;
- Selflessness
Holders of public office should act solely in terms of the public interest. - Integrity
Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships. - Objectivity
Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias. - Accountability
Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this. - Openness
Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing. - Honesty
Holders of public office should be truthful. - Leadership
Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor
behaviour wherever it occurs.