Doing nothing is no longer an option
If you own an empty you must keep the land around it in good condition. Keeping a property maintained and in a good condition, making it appear occupied will help to deter criminals and anti-social behaviour.
We’re here to advise you about the options available to you to enable you to bring your empty property back into use. However, if your property falls into disrepair and causes a nuisance or public health risk, we can take legal action to make you address the issues.
Properties that are left empty for no good reason can therefore be subject to a number of enforcement options that require owners to take action to repair renovate or remove problem buildings. Many enforcement options allow the Council to act and do necessary works where an owner fails in their duties. The costs of doing this are recoverable from the owner of the property. These enforcement procedures include statutory notices, management orders, enforced sale and compulsory purchase orders.
The main options include: -
Building Act 1984, Section 59 – The Council may take action to require the owner or person having control of such building to improve the appearance of the building or demolish it and clear the site. This provision only addresses the external appearance of the building. This legislation does not address the internal condition of the building and may therefore be of limited benefit to the overall regeneration and reuse of a building. If the building is demolished in default and the resultant site is of value to the community e.g. Registered Social Landlords then the Council would consider usage of its enforced sale procedure.
Town and Country Planning Act 1990, Section 215 – Power to require proper maintenance of land, if it appears that the area is adversely affected by its condition.
Law of Property Act 1925, Section 103 – All Councils have the power to force the sale of a property where money is owed to the Council, for example as a result of remedial works undertaken in default. If Rhondda Cynon Taf carries out substantial works due to inaction on the part of the owner, we will seek to recover the costs by forcing the sale of the property and recovering our costs.
Housing Act 2004 – Empty Homes Management Orders will allow LA’s to purchase a compulsory lease on a long term empty property as a last resort against uncooperative property owners. The rental income will repay Council costs. At the end of the lease the habitable property will be handed back to the owner. This procedure would only be practical in areas of housing need.
If an owner refuses to bring a property back into use and the property is having a degenerative effect on the area the Council has powers to compulsory purchase. This procedure may be considered where the Council identifies a future purpose for the building.
Building Act 1984, Sections 77-78 – Demolition orders can be made on houses that are not suitable for habitation. Where a number of poor houses are identified in one area the Council has powers to clear a number at once. These powers can be used for empty houses 5 Buildings that are in a dangerous condition and pose a risk to public safety will be acted on. Action may be taken either to require the owner to make a structure safe or if it is considered that the risk is immediate, the Authority may exercise emergency powers to remove the hazard.
Local Government (Miscellaneous Provisions) Act 1982, Section 29 – A building or structure that has become unsecured may also present a risk to public safety. Persons may be in danger if they enter the site and adjoining buildings may be at increased risk of arson. The Authority may therefore take action to require the owner to secure the building within 48 hours .If the risk is considered significant the Authority may act immediately.
Prevention of Damage by Pests 1949, Section 4 – If private land contains an accumulation of rubbish and /or rubble and/or vegetative overgrowth, which is liable to provide harbourage to rodents the Authority, is obliged to require the land owner to remove it.
Environmental Protection Act 1990, Section 33 – If evidence is obtained to identify the persons responsible for fly tipping of waste, they will be pursued and prosecution proceedings initiated where it is deemed appropriate.
The Listed Buildings and Conservation Area Act 1990 – Empty properties often attract fly posting of advertisements or graffiti, which create an eyesore. People who affix such items are committing an offence and may be liable to a fixed penalty fine or prosecution. Action in general cannot be taken against the owner of a building targeted by fly posting or graffiti, unless it can be proved that they had knowledge or gave implied consent to the perpetrator. There is a varying legislation available to enforce this provision and Public Health and Protection, Planning and Cleansing each have a role. Notwithstanding the above the Authority will take immediate action to remove any racial or offensive graffiti or posters.
Provisions to deal with listed buildings include the power to compulsory purchase a property; serve repair notices or notices requiring urgent works. The Act allows the Council to recover its costs in respect of any works that it undertakes in default.
Housing Act 2004 and the HHSRS (Housing Health and Safety Rating System - The Housing Act 2004 introduces a new range of enforcement powers to deal with hazards that are identified within occupied dwellings. The new assessment method focuses on 29 hazards such as such as that are present in occupied housing.
Hazards include:- Damp and Mould Growth; Excess Cold; Asbestos; Carbon Monoxide; Entry by Intruders; Structural Collapse and Falling Elements;Collision and Entrapment; Personal Hygiene Sanitation and Drainage; Falls associated with Stairs and Steps; and Domestic Hygiene Pests and Refuse.
In determining the most appropriate course of action to eliminate or minimize these hazards, the Housing Team of Public Health and Protection must have regard to the likely of the hazard causing harm and what type of harm would likely arise as a consequence of the hazard.
Where hazards are identified in a property, scores are assigned to the hazards based on the risk they present to the potential occupant. Scores in excess of 1000 points will render a hazard category 1 requiring mandatory action. Scores below 1000 will render a hazard category 2 where action is discretionary.
We will seek to reduce the number of homes in the district that pose a risk to the health and safety of the occupants and will take enforcement action where necessary and appropriate in accordance with the Council’s Enforcement Policy.
Possible legal remedies could include:-
Improvement notice
Prohibition order
Hazard awareness notice
Emergency remedial action*
Emergency prohibition order*
Demolition order*
Clearance area*
(* Not available where a property exhibits category 2 hazards only)
Long term empty properties and second homes in Merthyr Tydfil are also subject to Council Tax Premiums.
The Council has made a commitment to bringing empty properties back into use for the good of the community as a whole. Leaving properties empty for years with no plan of bringing them back into use is no longer an option.