Empty House Development Orders
In 2006 the Government introduced Empty House Development Orders (EHDO) with the intention of granting local councils the right to take over houses which have remained empty for more than six months, to bring them back into use.
It was envisaged that the scheme would help address the lack of housing available while reducing the number of houses in disrepair and the problems associated with long-term empty properties.
Some councils use the threat of an EHDO without ever needing to actually implement one, and there are many ‘hoops’ to jump through before an order can be granted, but if your property qualifies in respect of the criteria below, you may wish to consider making the property available for occupation sooner rather than later.
A council may make an EHDO if:
- it is satisfied that the dwelling has been wholly unoccupied for at least 6 months
(or such longer period as may be prescribed); - there is no reasonable prospect of it becoming occupied in the near future;
- that, if an interim EDMO is made, there is a reasonable prospect that it will
become occupied; - that the authority have complied with section 133(3) of the Act;
- that any prescribed requirements have been complied with; and
- that it is not satisfied that the case falls within a prescribed exception.
If the council was successful, it would first obtain an interim Order, lasting up to 12 months under which the consent of the owner to occupation of the property would be needed. However, if this consent is withheld, a Final Order can be made allowing occupation without consent of the owner, for a period as long as seven years.
If you have concerns in respect of any such properties, or require further information please contact our Commercial Property team.
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