In working towards bringing long term empty homes back into use, no single process of support, assistance and enforcement is consistently and reliably effective in every case.
Each empty property and each empty property owner are different. Each set of circumstances which led to a property being long term empty varies from case to case. This then requires a bespoke use of the below tools, at the right time, in the right way, to unlock a case and encourage the owner to act positively.
At one extreme, a small amount of timely advice and assistance from us can achieve results over a short timescale of months. More complex cases can require extensive work, building constructive, positive relationships with the owner, which can sometimes require formal enforcement action, if that is deemed appropriate and proportionate. Such action, used in a small minority of the most complex cases, can take years to progress to a positive outcome.
Appendix 4 outlines an example of our approach, using support, assistance and enforcement as a flow diagram.
6.1 Support and assistance
In the early stages of engagement, Dorset Council will use a wide variety of action to help owners bring their long-term empty homes back into beneficial use. This offer of support is provided to most if not all live cases. What is suitable will vary from ‘case to case’ and can include:
- assistance in accessing VAT reductions for renovation work to properties that have been empty for 2 years or more.
- access to the councils direct leasing scheme and Key4Me landlord incentive scheme when a property owner provides affordable rented accommodation to the council
- access to a range of repayment loans from our ethical, not for profit lender, Lendology
- advice on a range of issues including planning requirements, listed building, building regulation and other regulatory requirements which need to be addressed to bring properties back into use
- advice on the benefits of ongoing property use and letting, versus the cost of leaving a house empty
- help and encouragement in applying for probate or letters of administration.
- advice about reducing the impact that an empty property has on a local area, while steps are taken to bring it back into use.
- assessing all options to bring the property back into use including voluntary purchase where budgets permit
In most cases, this type of supportive approach will be sufficient to ensure action to bring the property back into beneficial use (see figure 4 below)
6.2 Enforcement
Where support, advice and assistance provided to an owner has failed to lead to positive action or the property owner cannot be identified, we will consider whether the empty property and the circumstances associated with it, warrants formal action.
These formal powers are likely to be necessary in a smaller number of case (see figure 4 below). This action can take various forms, and it mainly includes action to:
- reduce or manage the impact that the empty property is having on the local community
- longer term steps to bring the property back into beneficial use using a change in ownership or management
A list of possible enforcement interventions are set out in Appendix 4 of this strategy which should be read in conjunction with the Housing Standards Enforcement Policy and Statement of Principles for Determining Financial Penalties - October 2023.
6.3 Case prioritisation
It will not always be possible or appropriate to take enforcement action. Such action will be prioritised on a minority of cases. In deciding its priorities and the most appropriate course of action, the council will amongst other matters have regard to a wide range of relevant factors including:
- the response of the property owner
- the length of time the property has been empty
- the impact of the empty property on the neighbourhood and the level of justified complaint
- housing need in the area for the accommodation
- the size, condition and location of the property, including its heritage status
- the likely cost of bringing the empty property back into use
- any debts or other charges secured on the property
- the views of the owner and their intended use for the property including any timescale
- the views of neighbours and other residents
- the availability of funding to progress
- the human rights considerations of taking enforcement action, both for the property owner and affected residents
- considering if the property owner has any protected characteristics under equality legislation and what reasonable adjustments to service delivery might be considered appropriate
Figure 4: a diagram to illustrate the proportion of cases which can be resolved with informal advice and assistance, verses the proportion requiring formal legal action.
6.4 Resources
To meet the aims of this strategy, facilitate enforcement action and where necessary, to acquire long term empty property (both voluntarily or through compulsory purchase), sufficient financial resources need to be available.
6.4.1 Capital
From 2020 to 2028, to meet the aims of this strategy the council has committed up to £3.7M of capital funding targeted for voluntarily or compulsory purchase of long-term empty properties.
While this capital funding may on average enable in the region of 10 long term empty properties to be acquired, the mere presence of the council's ability to take this type of action has a significant impact. It acts as motivation for property owners to engage with us and creates a tangible deterrent. Overall, this significantly reduces the likelihood of having to take actions of last resort, such as a CPO. Therefore, the impact of this funding is felt far beyond the small number of empty properties which we finally purchase.
6.4.2 Revenue
Enforcement and other action may also result in ‘one off’ revenue costs. This includes carrying out ‘works in default’ of an enforcement notice. This occurs for example, where the we are dealing with an absent owner, and it is appropriate and necessary for the council to carry out works itself, which it has required the owner to perform.
This is often necessary to protect residents and our communities from more immediate risks and the high impact empty homes can sometimes have This revenue expenditure is currently funded from existing approved budgets.
6.5 Financial assistance and loans
The council offers repayment loans of up to £25,000 per unit of accommodation to bring empty properties back into use, from its ‘not for profit’, ethical lender; Lendology. Further details of the financial assistance available, eligibility and conditions can be found in the Private Sector Housing Assistance Policy 2024.
To meet our corporate objectives, the availability of financial assistance for long term empty homes is based on there being a wider public benefit to returning the property to beneficial use including at least one of the following:
- bringing an empty property back into use which has been unoccupied for at least 6 months and there is no realistic proposition of it coming back into beneficial use in the near future
- helping the council to meet housing need by setting rent at or below Local Housing Allowance rates and remain available for an agreed period likely to be equal to the period of the loan
- providing nomination rights to the council for an agreed period normally 5 years. This can be achieved via direct nomination or via the Councils Leasing Scheme
Where there is identified housing need for a specific type of accommodation, in a geographical area, the council may approve a discretionary grant to support a loan, subject to individual approval by the Corporate Director for Housing and Community Safety. This would normally be in conjunction with an agreed offer of nomination rights or lease from the property owner, for the use of the property by the council for affordable rent over an extended period, likely to be more than the 5-year nomination period outlined above.
6.6 Finders and genealogy service
The council has procured the services of a ‘Finder and Genealogy’ provider. This contract enables the council to use the skills and knowledge of professional researchers to trace the owners of abandoned homes and assist in finding the next of kin to unclaimed estates, that include long term empty homes.
The aim of this service is to increase the speed and accuracy of tracing owners and next of kin, providing new lines of enquiry and increasing the likelihood of long-standing complex cases being progressed to a successful conclusion.
6.7 Working with stakeholders
6.7.1 Revenues and benefits
The council incentivises the owners of long-term empty properties to bring them back into use. It has adopted national enabling powers to charge a Council Tax Premium on homes empty and unfurnished for more than 12 months.
To ensure Council Tax records are maintained and ‘up to date’, the Revenue and Benefits Team normally carry out an Empty Property Review. This data is shared and informs the work of this strategy.
Establishing the use and occupation of a property for the purposes of this strategy can sometimes be challenging. This is especially the case where properties change between Council Tax classifications such as ‘empty home’, ‘second home’ and occupied. This strategy promotes timely data sharing and liaison with the Councils Revenues and Benefits Service, ensuring records are kept ‘up to date’ about properties of interest and enabling more seamless service delivery between teams.
6.7.2 Planning, conservation, environmental protection and building control
Long term empty properties can pose a wide variety of environmental and wider social issues to communities. Acting on the impact of empty homes and bringing them back into use often requires a ‘joined up’ approach including a range of council services.
This strategy recognises the need for and encourages this type of approach, to enable issues to be addressed and properties brought back into use in the timeliest way.
Where long term empty properties are also Listed Buildings, we will work closely with the Council's Conservation Team to ensure that a successful outcome is achieved, which retains and conserves the historic interest of the building.
6.7.3 Strategic asset management
Where the council is proposing to acquire a long-term empty property, either via voluntary or compulsory purchase, then prior to completion and as early as possible in the acquisition process, the case will be subject to asset review. This will be in line with the process set out in the Council’s Strategic Asset Management Plan, including options appraisal, input and advice from Assets & Property colleagues and the relevant asset management officer advisory group.
This process will ensure that any acquisition and subsequent decisions about the disposal or repurposing of the former long term empty property are consistent with the councils Strategic Asset Management Plan and Council Plan.