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Enforcement

Whilst empty property officers will do everything they can to assist an owners to bring a property back into use, the boroughs can use enforcement powers as a last resort.

The options for this are as follows:

Empty dwelling management orders (EDMOs)
A recent power that came in with the Housing Act 2004. The local authority can take over the management of privately owned, long-term empty properties with a view to securing their occupation for up to seven years. To start the process, a local authority must apply to the Residential Property Tribunal (RPT) for an interim management order.

Compulsory purchase orders (CPOs)
This power allows local authorities to apply to the secretary of state for an order to compulsory purchase the property. It is used when all other methods of returning the property back to use have failed.

Enforced sale
Allows local authorities to recover debts, which have been secured against a property or a person. These will mainly be where work in default has been carried out. However, it can also be used where there is council tax debt.

Other enforcement powers
There are also wide ranging powers available to local authorities to ensure necessary works are carried out to an empty property to stop it being dangerous or causing a nuisance. In particular:

  • where a building is structurally unsafe
  • where it is affecting a neighbouring property
  • for drainage problems
  • if it may cause a hazard to future occupants
  • if it is insecure
  • if there are accumulations of refuse that are prejudicial to health/attracting vermin. Also if the property is harbouring vermin
Further information about compulsory purchase can be obtained by clicking this link to the Department of Communities and Local Government or you can telephone 0870 1226 236 and ask about Compulsory Purchase and Compensation booklets.

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