Empty Homes Policy

Transcription

1 Empty Homes Policy

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3 Empty Homes Policy Final Introduction Why target empty homes? Empty homes in Tunbridge Wells What we have done Current Issues Current tools for tackling empty homes Our priorities for What we will do Appendices Empty Homes Assessment Sheet Process flow chart Action Plan

4 Final Empty Homes Policy Introduction 1.1 The borough of Tunbridge Wells is a desirable place to live. It is within easy commuting distance of London, has an attractive environment and good schools and facilities. However, many of the same factors that make it desirable contribute to the shortage of land suitable for new housing developments, particularly for affordable housing. As a result it is an area of intense housing pressure. 1.2 With such a high level of demand and limited supply, it is essential that full use should be made of the existing housing stock to meet housing need. 1.3 Bringing empty properties back into use can be a cost effective and sustainable way to increase the supply of housing and makes the best use of existing buildings to meet local needs. It can reduce the demand for building new homes, improve neighbourhoods, increase access to housing and help to improve our residents quality of life. 1.4 Tunbridge Wells Borough Council has been working to reduce the number of empty and dilapidated homes for some time and adopted its Empty Property Strategy in Since then there have been significant changes in the housing market and the economy, further research on the issues has been undertaken and new opportunities have been developed. 1.5 The Empty Homes Policy reflects the ongoing issues and challenges in reducing the number of empty homes in the borough, the progress that has been made over the last five years, the available resources and incentives and the increasing expectations of residents for action to be taken. 1.6 This Policy forms part of the Private Sector Renewal Strategy and is linked to the Housing Strategy It aims to clearly set out: The current situation of empty homes in the borough What we have done to bring empty properties back into use Our priorities for 2012 and 2017 Which empty properties we will prioritise for action The timescale and methods we will use 2

5 Empty Homes Policy Final 2. Why target empty homes? 2.1 The high demand for housing in the area makes it all the more surprising that some owners, largely in the private sector, choose to leave properties empty, frequently for a number of years. Empty properties are a wasted resource both for the community and the owner - they reduce the supply of housing and represent a loss of income for the owner. 2.2 The longer a home has been empty the greater the chance that it will fall into disrepair and become an eyesore or potentially dangerous and unsafe. It is these properties that cause the greatest concern to neighbours and are more likely to have been left empty deliberately. Such properties: Reduce neighbouring property values Become a magnet for anti-social behaviour and vandalism - placing an avoidable burden on local resources. Represent a wasted resource and loss of income for owners through lost rents and council tax liability and problems with obtaining insurance cover 2.3 Reducing the time a home is left empty will consequently also reduce the risk that it will become dilapidated and an eyesore. 2.4 Any reduction in the time properties are left empty helps to increase the supply of housing. Barriers 2.5 The main obstacle to substantially reducing the number of empty homes is the complexity of the reasons properties are left empty. These may involve: Inheritance issues/delays with probate lack of finance to carry out essential repairs, problems with achieving a sale perceived problems with letting the owner may be in residential care or the owner may lack the skills to deal with the property the ownership of the property may be unclear 3

6 Final Empty Homes Policy Encouraging and facilitating the return to use of an empty homes is a lengthy and time consuming process; there is no single or simple solution to the problem. The provision of financial assistance for repairs may be all that is required in some situations but many owners also need significant encouragement and support to take positive action. Benefits 2.7 Reducing the number of empty properties supports the Council's priorities for a prosperous, green and healthy borough and by making the best use of the existing housing stock will help to: Improve neighbourhoods by Reducing the number of eyesores protecting local property values Reducing anti-social behaviour Benefit owners through rental or capital income security of the property Benefit the wider community by Reducing the demand for building new homes particularly on green field sites Reducing pressure on services (fire and police) Meet housing needs through Increased choice More affordable housing Improved standards 2.8 Refurbishing empty properties and returning them to use as housing is more sustainable and cost effective than building new homes. 2.9 Council costs involved in reducing the number of long term empty homes are offset by The New Homes Bonus (equivalent to six years Council Tax) received for each long term empty home returned to use. 4

7 Empty Homes Policy Final 3. Empty homes in Tunbridge Wells Facts and figures What is an empty home? 3.1 While there is no single definition of an empty home, properties that are only used occasionally (eg second homes and holiday lets) and uninhabitable properties are currently excluded from the categorisation. In addition, empty commercial spaces eg above shops, are not included in the reported figures. 3.2 Properties may be empty for a variety of reasons. Almost half the empty homes in the borough are empty for less than six months for transactional reasons eg, between changes in occupier, undergoing renovation before occupation, delays in the sales process. In official statistics and elsewhere homes that are empty for more than six months are described as 'long term empty'. For council tax purposes a 'long term empty' home is also one that is unfurnished. 5

8 Final Empty Homes Policy The following statistics relating to empty homes are based on the properties listed on the council tax base at 1 April Council tax data relies on the owner of the property to inform the Council of any changes in circumstances and while it may not give a completely accurate picture it is the standard source of empty homes statistics both locally and nationally. No of empty homes Empty for over 6 months Long term empty (over 6 months vacant and unfurnished) 486, of which: over 2 years vacant 174 over 5 years vacant % in urban areas of Tunbridge Wells, Rusthall and Southborough 3.4 Proposed changes to council tax charges, discounts and exemptions from April 2013 may have an impact on future empty homes statistics. 3.5 As empty homes are scattered across the borough and not concentrated in any one area reports from residents on the location of empty homes can help the Council to identify those properties most likely to have the adverse impact on neighbourhoods. 6

9 Empty Homes Policy Final 4. What we have done 4.1 The Council adopted its Empty Property Strategy in 2006 setting out its aims and targets to tackle the issue of empty homes. The Strategy formed part of the Council's Housing and Private Sector Renewal Strategies and had five key aims: 1. To bring long term empty properties back into use 2. Encourage the conversion of empty commercial property to housing use where appropriate 3. Establish and maintain an accurate database of empty homes 4. Work with partners to raise awareness of the issues 5. Work with Registered Social Landlords to reduce the number of social housing voids. 4.2 Key outcomes: 98 homes were brought back into use by March 2011, 15 as affordable housing Joined the Kent 'No Use Empty' Initiative in January 2008 and the 'No Use Empty' loan scheme in June 2011 Data on long term empty homes in the borough has been maintained and monitored Established and maintained the corporate 'Empty & Difficult Property Group' to prioritise and target for co-ordinated, cross service action properties in poor condition and/or empty. As a result of the Group's actions five properties have been sold and redeveloped, sixteen new homes have been provided, a Compulsory Purchase Order has been made and one property has been demolished. Information on the advice and financial assistance for developers and owners has been made available through regular features in the West Kent Landlords Forums, the Landlord Bulletins and 'Local' newsletter Annual mailings sent to all owners of properties empty for over 2 years offering advice and incentives on returning them to occupation Established a mechanism for online reporting of empty properties and provided online advice for owners through the Council website and links to the 'No Use Empty' website Empty Homes Research 4.3 Bi-annual lists are obtained from Council Tax data in order to monitor the number and location of empty properties and assess the reasons properties are unoccupied. The information on the lists is then used for further research and to enable owners to be contacted and offered advice and assistance. 7

10 Final Empty Homes Policy In 2011 a review was conducted of all the properties listed as empty and a questionnaire sent to the owners of 394 homes that were recorded as having been empty for more than twelve months. Replies were received from 181 owners (a 46% response rate). The research showed the following to be the main reasons properties were empty: Property needs refurbishing/works underway Property needs refurbishing but owner lacks funding for works needed Delays in the sales process Owner is receiving care Owner has died and the property is tied up in probate/inheritance issues Table 1 Empty Homes in Kent (October 2011) (1) Local authority/borough Total empty homes % empty homes in Kent Private owners Empty for over 6 months (and unfurnished) Ashford 1, % 1, Canterbury 1, % 1, Dartford 1, % 1, Dover 2, % 2, Gravesham % Maidstone 1, % 1, Sevenoaks 1, % 1, Shepway 2, % 1, Swale 1, % 1, Thanet 3, % 3,249 1,322 Tonbridge and Malling 1, % Tunbridge Wells 1, % 1, Kent Total 19, % 18,554 7,057 1 source Empty Homes Agency 8

11 Empty Homes Policy Final 5. Current Issues 5.1 In recent years there have been significant developments both locally and nationally on the tools available to deal with the issue eg the ruling by the Information Tribunal in 2007 on the release of empty property details, the availability of loans for improvements to empty properties. The result of these changes is that some of the original Council targets are no longer appropriate and priorities need to be re-assessed to ensure resources are used more effectively. Nationally Ruling by the Information Tribunal on 30 April 2007 (England v London Borough of Bexley) that local authorities cannot release details of long term empty properties owned by individuals the national Empty Homes Strategy launched in 2011, as part of the government's Housing Strategy 2011, with the stated aim of 'bringing empty homes back into use as a sustainable way of increasing the overall supply of housing and reducing the negative impact that neglected empty homes can have on communities'. The Strategy contains a proposal to levy an 'empty homes premium' on the Council tax payable on homes empty for over two years Introduction in 2011 of the New Homes Bonus (2) awarded to local authorities for additions to the total housing stock either through new housing developments or the return to use of homes empty for more than six months Launch of a capital funding programme through the Homes & Communities Agency to assist in bringing long term empty properties back into use as affordable housing Locally The Council joined the Kent 'No Use Empty' initiative in 2007 and as a result now has access to support services and a loan fund that can provide financial assistance to owners for renovations that will lead to long term empty properties being sold, let or leased to a housing association The issue of empty homes now has a raised profile through local and national press coverage and television series such as 'The Great British Property Scandal' and 'Britain's Empty Homes'. The increased public awareness of the issues has led to a rise in the number of complaints/enquiries received from residents about problem properties and the expectation that the Council will take action to resolve the situation. In addition, regular Freedom of Information requests relating to empty homes are received. 2 equivalent to six years council tax for each home returned to use 9

12 Final Empty Homes Policy Current tools for tackling empty homes 6.1 There are a variety of tools available to the Council to bring empty homes back into use. These range from advice, encouragement and incentives to owners up to enforcement action if an owner is not willing to take action or if the property is in a dangerous state or having an adverse impact on the neighbourhood. Incentives Help and advice 6.2 Some owners do not know what to do with their empty properties. The initial contact by the Council is to offer advice on the problems associated with empty properties and the options available to owners. This advice includes information on buying, selling, letting and owning as well as tax incentives and financial assistance that may be available. Owners are also made aware of their legal responsibilities and the options available to the Council should the property not be returned to use. Financial assistance 6.3 Funding is available from both Tunbridge Wells Borough Council and Kent County Council for a range of loans with differing criteria to provide owners with a selection of options for returning long term empty properties to use either through sale, let or leasing. All loans are repayable and will be secured through a charge on the property. Tunbridge Wells Empty Property Initiative 6.4 Interest free loans of up to 20,000 may be available for the renovation or conversion of long term empty properties leading to their return to use as affordable housing. The loans are provided on condition that the Council receives tenant nomination rights for five years and the rent is set at an affordable level. The loan is repayable on sale of the property. Tunbridge Wells Private Accredited Letting (PAL) Scheme 6.5 The PAL scheme is a local accreditation scheme for good quality, privately rented properties. Owners wanting to let their empty properties can apply to the scheme and may be able to obtain assistance to improve the energy efficiency and security of the property. KCC No Use Empty Loans 6.6 Interest free loans in units of 25,000 up to a maximum of 175,000 are available for owners to renovate or convert long term empty properties that will then be let or sold. These loans are repayable at the end of the maximum period (3 years) unless the property is sold prior to this date, when the loan would become repayable immediately. KCC Affordable Homes Project 6.7 Loans of up to 250,000 are available for owners to renovate or convert larger long term empty properties that will then be leased to a partner Housing Association for use as affordable housing for an agreed period. The owner will be guaranteed a rental income which will contribute to the repayment of the loan at the end of the maximum loan period (3 years). Enforcement tools 6.8 In some cases where the owner of an empty property is unwilling to engage with the Council or take any action to return their property to use and the property is having an adverse impact on neighbours or the area it may be appropriate to consider enforcement action such as: 10

13 Empty Homes Policy Final service of formal notices to enter the property, improve the condition of the property or land, carrying out works in default if necessary e.g. under the Housing Act 2004, Building Act 1984, Section 215 of the Town & Country Planning Act 1990, the Prevention of Damage by Pests Act 1949, and the Environmental Protection Act making an Empty Dwelling Management Order(EDMO) to take possession (not ownership) under Section 134 of the Housing Act 2004 (when an empty residential property is causing a nuisance and the owner is reluctant to take any action to return it to use) Enforced Sale to recover local land charges or other debts to the Council eg under Section 103 of the Law of Property Act 1925 Demolition Order under Part IX of the Housing Act 1985 (as amended) - when a home is uninhabitable Compulsory Purchase Order (CPO) under Section 17 of the Housing Act 1985 (to acquire underused or ineffectively used property for residential purposes) or S226 of the Town & Country Planning Act 1990 (to allow improvements or redevelopment to take place). A CPO is the last resort when all other possible actions have been exhausted or proved unsuccessful in returning a property to use. 11

14 Final Empty Homes Policy Our priorities for To reduce the number of long term empty homes in the borough using robust enforcement action 2. To work with partners to raise awareness of the issues caused by empty homes and improve the information and advice available to owners and encourage them to take action 3. To improve and maintain the quality and accuracy of information held on empty properties and help prioritise our actions 12

15 Empty Homes Policy Final 8. What we will do 8.1 The Council's Housing Renewal Team is responsible for surveying, improving and maintaining the standard of housing in the borough. As part of this function the Team, working with other council services and in particular the corporate Empty and Difficult Property Group, has the primary responsibility for the delivery of the the aims of this Policy. We will continue to monitor council tax and other data relating to empty homes and maintain accurate records of all properties on which action is taken. Council tax data will be obtained and verified at least once a year. We will continue to work with 'No Use Empty' and other partners to improve advice and assistance available to owners. New Actions We will contact all owners of long term empty properties at least once a year to verify that the property is unoccupied and offer advice/assistance. We will survey all properties empty for more than two years and carry out an assessment of conditions (see Appendix 1) and prioritise for action. (The process for taking action is set out in Appendix 2). Priority for action will be given to those properties with the highest scores. Properties with the highest scores may be referred to the Empty & Difficult Property Group for co-ordinated cross service action. The corporate Empty & Difficult Property Group will continue to target and prioritise for co-ordinate action across services those properties that are the cause of the greatest concern. Enforcement action will be taken as appropriate to ensure that We will investigate all reports of empty properties, carry out an assessment and contact the owner/respond to the complainant within 28 days. We will visit all empty properties reported to the Council as unsecure, unsafe or dangerous and contact the owner within 7 days. We will track and monitor any requests for financial or other assistance from the initial request onwards. 8.2 The Action Plan for (Appendix 3) sets out key targets and milestones in the delivery of our three key priorities and reflects the challenges highlighted as a result of our evidence base. Monitoring, measuring success and communication 8.3 The Action Plan will be updated annually with progress reported to the cross service Empty & Difficult Property Group. 8.4 Progress on the Action Plan will be made available to all residents and partners through the Council website. 13

16 Final Empty Homes Policy Appendix 1: Empty Homes Assessment Sheet Property description Points Time vacant Over 2 years 10 Over 3 years 20 Over 5 years 30 Over 10 years 40 Over 15 years 55 Sub Total Condition(tick all that apply) Garden overgrown, unkempt, neglected Falling into disrepair Becoming an eyesore to the area Causing damage to adjoining property Attracting vandalism/anti-social behaviour Other(tick all that apply) No attempt to sell/re-let or refurbish after 2 years 5 2 or more empty homes in close proximity eg same or adjoining roads 10 Property in high profile area eg town/village centre, major road, conservation area 10 Council receiving complaints about the property 20 Previous action/charges by the council 20 Total 14

17 Empty Homes Policy Final Low scoring properties - up to 35 points These properties are likely to be those that are taking longer than expected to return to occupation - possibly through inheritance issues or delays in selling/renovation. They are generally in a good state of repair, secure and unlikely to be causing a nuisance. Housing Renewal will make an initial approach to the owner to ascertain the situation and they will require minimal monitoring. Medium scoring properties points These properties may have been empty for longer or beginning to show signs of neglect. They may have started to cause some concern to neighbours. Housing Renewal will contact the owner to enter negotiations to prevent further deterioration and bring them back into use. If the owner refuses to engage with the Council enforcement action may be considered to gain access for an internal survey, reassessment of conditions and further action. High scoring properties - 60 points and over These properties will have been empty for many years, causing a nuisance, detrimental to the area or giving serious concern. They are at risk of attracting vandalism, arson or fly tipping. They may have been subject to previous enforcement action by the Council. The owner will be contacted and the property internally inspected, using Powers of Entry if required and re-scored as necessary. Urgent properties These will be properties that are unsecure, unsafe or dangerous. They will be secured or made safe as soon as possible. Once secure/safe they will be scored and dealt with in priority order. Prioritising Action Properties with the highest scores or in urgent need of attention will be prioritised for action. Prioritised properties will be brought to the attention of other services where applicable and may be brought to the attention of Empty & Difficult Property Group for co-ordinated action. Enforcement action will be taken by the Housing Renewal Team, Planning or other Council services as necessary in accordance with the Policy. 15

18 Final Empty Homes Policy Appendix 2: Process flow chart 16

19 Empty Homes Policy Final Appendix 3: Action Plan Action Target Time Priority 1. To reduce the number of long term empty homes in the borough using robust enforcement action 1. Contact all owners of long term empty homes to offer Twice-yearly mailing sent to all ongoing advice and financial assistance leading to the return to owners occupation of the property. 2. Visit, photograph and assess the condition of all homes empty for more than 2 years, giving advice or financial assistance or taking enforcement action as appropriate in accordance with the process set out in this Policy. Survey conducted and all properties scored on their condition 200 properties surveyed in and all additions to this category surveyed annually 3. Bring 84 empty homes back into use by 31/03/17 through advice, financial assistance and enforcement action Total no. of empty properties brought back into use: 4. Bring 10 empty homes back into use as affordable housing by 31/03/17 by providing access to funding assistance either from TWBC or KCC (No Use Empty - Affordable Homes No. brought back into use as affordable housing (included with totals above): 2012/ / / / /17 Project) / / / / /17 5. Bring 10 empty homes back into use with the aid of No Total number of loans awarded Use Empty loans to sell or let / / / / /17 Responsibility Housing Renewal Team Housing Renewal Team Housing Renewal Team Leader Housing Renewal Team Leader and KCC (No Use Empty) Housing Renewal Team Leader and KCC (No Use Empty) 17

20 Final Empty Homes Policy Action 6. All reports and complaints of empty properties to be investigated and recorded, property condition assessed and scored and action taken in accordance with the process in the Policy. Target Advice given to owners and action taken as necessary Time Investigation within 28 days, action taken in accordance with the time framework of the Policy process Responsibility Housing Renewal Team 7. Empty properties with a 'priority score' to be brought to the attention of the Empty & Difficult Property Group Priority properties to be added to the corporate priority target list for cross service action ongoing Housing Renewal Team leader Priority 2. To work with partners to raise awareness of the issues caused by empty homes and improve the information and advice available to owners and encourage them to take action 8. Attend meetings of the Kent 'No Use Empty' Group All meetings attended Min 6 per year Housing Renewal Team 9. Attend meetings of the Council s Empty & Difficult Property Working Group All meetings attended Min 6 per year Housing Renewal Team 10. Provide advice to landlords and owners through: Landlord forums Landlord bulletins 3 each year 1 each year ongoing Housing Renewal Team Press articles Website 1 minimum An Empty Homes Leaflet Ongoing Priority 3. To improve and maintain the quality and accuracy of information held on empty properties and help prioritise our actions ongoing Housing Renewal Team 11. Obtain Council tax data on the number of empty properties twice a year and interrogate data Data collated and recorded according to location and length of time empty 12. To contact all owners of long term empty homes to verify that the property is empty and notify Council Tax of any change in status Council tax records updated andannually between May and JulyHousing Renewal Team accuracy improved 18

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