Mitigations
The Levelling Up and Regeneration Act 2023 contains measures that have allowed the council to strengthen the existing empty homes premium so that dwellings unoccupied and substantially unfurnished for one year, rather than two, are now liable for the empty homes premium from April 2024. The Council has decided to apply this premium in Shropshire, which means that empty homes are now liable for 100% council tax premium when empty for more than one year but less than five years.
This change will drive certain homeowners to ensure empty homes are returned to use more readily; however, it will not be a panacea for all empty homes. The Council already applies premium increases of 200% and 300% when homes are empty for more than five years and more than ten years, respectively. Despite this significant financial cost that is borne by homeowners, there remains (as at 31/03/2024) 192 empty properties that have been empty for over five years.
The legislation and powers utilised by the Empty Homes Officers are not unique to their role. There are other services across the Council including Building Control, Council Tax, Environmental Protection, Housing Enforcement, Planning and Private Sector Housing that can use these and other powers, to respond reactively to the most serious community impacts that may arise as a result of medium to long-term empty homes. The powers include the following:
- Enforcement action to remove serious hazards, including placing a demolition order on a dwelling
- Serve notice to require owners to clear land of vermin, remove waste, deposits and accumulations likely to attract vermin
- Undertake any works necessary to prevent unauthorised entry or to prevent buildings from becoming a danger to the public (boarding up)
- Serve notices to abate statutory nuisance, which would include any accumulation or deposit that is prejudicial to health or a nuisance
- Require the owner of a property to make a ruinous or dilapidated property safe
- Take emergency action to make a dwelling safe
- Require the owner of a property to rectify a dwelling where it is adversely affecting the amenity of the area through disrepair
- Execute an urgent works notice to preserve unoccupied listed buildings; this is restricted to emergency repairs to keep a building wind and weatherproof and safe from collapse, or action to prevent vandalism or theft
- Serve notice on an owner to make satisfactory provisions for drainage where not currently in place, includes sewers, drains and rainwater pipes that are currently in disrepair or missing
- Serve notice requiring an owner to take steps to remedy unsightly land or the external appearance of a property where the amenity of a part of their area, or of an adjoining area, is adversely affected
- Enforcement measures to deal with filthy and verminous premises/articles
- Power to recover costs incurred through works in default by enabling the sale of a property to organisations committed to ensuring it is improved and occupied
- Community protection warnings/notices under anti-social behaviour legislation
- Enforced sales, compulsory purchase orders and empty dwelling management orders; there is currently a lack of expertise to effectively use these powers and hence it is unlikely they would be used other than in the most severe cases