Enforcement
Achieving reoccupation of empty residential properties on a voluntary basis is always the preferred option, and Chorley Council will make all available endeavours to encourage and persuade such progress. However, there are instances where owners cannot be traced, or where the exhaustive attempts to encourage and promote progress from known owners proves unproductive.
Where all other approaches fail, or if there is an imminent risk to health and safety, then a statutory solution may be sought.
All enforcement work will be conducted in compliance with the Regulators Compliance Code and in accordance with the councils Enforcement Policy.
The property will be evaluated for potential action against the 3 enforcement routes outlined below:
Empty Dwelling Management Order (EDMO)
Empty for over 2 years, causing nuisance to the community and has no intention of securing its voluntary reoccupation. The council and a partner Housing Association or ALMO undertake the management of a property for a set period of time, up to 5 years, with the EDMO reviewed after that time.
There are currently few EDMO being used at this time as they cumbersome and difficult to administer unless the owner voluntarily agrees to their use. There are usually works required to make a property fit to let which requires careful consideration if the costs are to be recouped from the rental income. EDMO's are open to appeal at any stage. The end result is the likely return of the property into the same ownership as that which left it vacant and neglected in the first instance.
Enforced sale
The Law and Property Act 1925 (S30) allows local authorities to recover charges through the sale of the property. This option can only be utilised where there is a debt to the local authority registered as a charge on the property. Works in default can be charged to the property in many cases, allowing the enforced sale process to begin.
Little control is available regarding who acquires the property with little guarantee that the property will be brought back into use.
Compulsory Purchase Order (CPO)
Compulsory Purchase Orders can be made under s:17 of the Housing Act 1985 or under s:226 (as amended by Planning and Compulsory Purchase Act 2004) of the Town & Country Planning Act 1990, for the provision of housing accommodation or to make a quantitative or qualitative improvement to existing housing. The use of these powers is subject an extensive and protracted process including sign off by the Secretary of State.
Therefore use of CPO powers will only be considered as a last resort option.
Additional statutory powers
Where an empty property is causing a specific problem to a neighbourhood or is dangerous or ruinous for example, the council has a range of statutory enforcement powers that can be used. The timing and extent of the action taken will be dependent upon the individual circumstances encountered at the property. The type of powers available includes planning enforcement as well as statutory nuisance powers.