Empty Homes Network

HSSA Consultation on Revised Guidance Jan 2007

Comprehensive Performance Assessment (CPA) of LAs' performance regarding dwellings empty over six months is based on question A7 of the annual HSSA return. NAEPP has serious reservations about this CPA in principle, but it seems here to stay. The best we can probably hope to achieve is therefore refinement of the official guidance for completing HSSA, so that it only counts those empties where there is reasonable scope for LA intervention.

The Dept. of Communities and Local Government (DCLG) is currently consulting on revised HSSA guidance for 2007. Pages 10-11 of the draft revised guidance cover empty homes. As NAEPP needs to comment on the draft by January 26th, please put any comments here by end of play on Thursday 25th January at the latest.

The draft HSSA guidance, and the draft NAEPP comments, are attached.

In summary, the draft's change from last year is to exclude dwellings where:

  • the owner is in prison, receiving or giving care, in the armed or visiting forces
  • or the dwelling is flood damaged or awaiting clergy.

The draft NAEPP comment welcomes these exclusions, but thinks they should go further.

 

AttachmentSize
guidance notes 2007 (draft).doc272.5 KB
naepp first draft comment on hssa guidance (2007).doc43 KB
naepp second draft comment on hssa guidance (2007).doc46 KB
naepp third draft comment on hssa guidance (2007).doc48.5 KB
HSSA 2007 - NAEPP draft response to DCLG guidance 3rd draft DG mods.doc71 KB
final submission on hssa draft guidance (26.01.07).doc60.5 KB
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A victory!

Graham

This is something of a victory in that the criteria has at last been clarified as to what sort of properties and circumstances should be captured by the H18, which can be consistently applied by all LAs.

That said, we still need to get the AC/CLG to explain exactly what they are attempting to measure here. If it is truly LA success in keeping the percentage of > 6 months dwellings against total stock proportionately low, and dwellings such as vicarages/owned by prisoners etc are to be excluded – presumably on the grounds that the void is effectively a ‘temporary enforced absence’ which will resolve itself at some point and not for LA intervention - then surely the same can be said for repossessed properties and bankruptcy, where legal processes are working through on their own volition to resolve the premises in the foreseeable future?

In the same vein, it would still be better to consider use the EDMO exemption categories rather than the council tax exemptions as the comparator basis for excluding dwellings from H18, if this is in fact supposed to measure the overall effectiveness of LAs and they are prevented from accessing a key reoccupation option eg on undetermined probate cases for example?

Lastly, it still needs to be made clearer as to exactly what agreements HSa7a1e is referring to eg does this include S 106s, less formal ‘intention in principle’ agreements etc? And should n’t this include conversions as well as demolitions/redevlopt?

As previously suggested, a meeting might still be the best way of resolving this………

Thanks

Keith

Keith Gunner
Empty Property Officer, Housing Development Team, Housing Solutions
Southampton City Council

Vicarages and unbanded properties

Sorry to be pedantic here as generally I'm agreeing with the points through this discussion. I just have a bit of a problem with vicarages! I've got 2 at the moment that have been claiming claiming this exemption for over 18 months including one where the vicar is happily living in a new vicarage nearby! I would be happier if there was an option for us to make the judgement on these and others, ie exclude all empties where there is a reasonable/agreed timetable for occupation (to cover the bigger renovations or to cover recruitment problems for the clergy and others!!) but to include those that could reasonably be brought back and we judge that the owner is trying to avoid it.

With unbanded properties, these are included in my information from Council tax and a quick check with our revenue inspectors sorts out the new developments. Again I have some people who have used this route to avoid hassle from me - and of course paying council tax.

Jane

Jane O'Brien
Empty Homes Officer
East Herts Council

Unbanded dwellings

Jane

I'm interested that you get a list of unbanded dwellings from your council tax section.  Is this a cumulative list or is just the ones they have removed from banding since the last list?    Also - does it tell you why they are no longer banded eg because converted to offices or derelict for 10 years?  I'd like to ask our revenue people for something similar. Thanks.

David Gibbens Housing Enabling Manager, Exeter City Council

David Gibbens Strategic Housing and Enabling Consultant

Unbanded properties

Unfortunately the basic list is not as useful as you would like but it is simply that a list of empties they sent me had the band on and showed several to be unbanded. the list has a mixture of new properties and those removed from valuation and doesn't explain why. I can then ask our inspectors which ones not to worry about as they're new build and access their system direct to find any history on the others.

Clergy dwellings

Jane 

Excluding clergy dwellings (or indeed any other category) for the purpose of HSSA wouldn't prevent you trying to intervene when appropriate.   However you couldn't make an EDMO because this is an excepted category under the Statutory Instrument.

 Graham

Graham Everett

unbanded, clergy etc empties

One concern to me would be an implication that if properties are not included in the counting of empty properties surely they should not be included in the number of empties brought back into use! I know it's not going to be a large nummber but then I'm only targeted with bringing back 12 so 1 or 2 can make a difference to me (and we are expecting a grant application for a property has been removed from the VO list).

 Jane

Counting successes if not in HSSA figures

I see no reason why you could not count them for BVPI64 even if they were not counted in the HSSA return as empties.   What you do for a statistical exercise and what you do for a performance monitoring exercise can be different if there are good enough reasons. 

There is nothing in the BVPI64 Guidance to say you couldn't count them (and don't forget we count conversions to dwellings and they wouldn't have appeared in the count of empties either).  The BVPI64 Guidance could be expanded to make it explicit that you could include unbanded properties if you want.

David Gibbens Housing Enabling Manager, Exeter City Council

David Gibbens Strategic Housing and Enabling Consultant

Additional points for the response

I think the draft response is fine Graham but just a couple of additional thoughts

  1. Dwellings owned by bankrupts should also be excluded, on the grounds that presumably, the property is either a frozen or disposal asset depending on the actions of the official receiver. In both cases, there is little an LA can do to achieve reoccupation until the legal processes have worked through.
  2. Assuming the underlying philosophy of H18 is to identify those empty dwellings which lie totally dormant as wasted assets awaiting owner and/or LA action, it would seem logical to also exclude EDMO exemptions under 4c but with a simple time limit – eg repairs have stalled/unimplemented planning consent was granted over 12 months ago?
  3. Lastly, not sure what we decided about unbanded dwellings being included – these are typically dwellings which have been vandalised or have deteriorated to the point where they are merely buildings rather than dwellings as such, and the owners have successfully apply to take them out of valuation altogether. The flip side is newly built dwellings awaiting PC/Planning/Building Control clearance to enable them to become legally occupied. Strictly speaking, one is n’t actually a dwelling any more, and the other is yet to become one, so both should be excluded form H18 arguably?

Thanks

Keith

Count empties/dwellings that are easy to count

My concern would be to avoid any of us being put in the position of having to count things that are not easy to count. If we were having to count dwellings that do not appear on other stats such as council tax stats we are creating a rod for our own back. We would have to demonstrate in each case the efforts we had made to arrive at our figures. It wouldn't be good enough to say, "well Ihappened to know about those so I added them" - you'd have to show the efforts you had made to include them comprehensively for your area. I could do without that personally.

The main thing with the anomalous units such as dwellings no longer banded or unoccupied since being built isn't to put them in the stats but to bring them back into use.

David Gibbens Housing Enabling Manager, Exeter City Council

David Gibbens Strategic Housing and Enabling Consultant

Laborious but possible....

Points taken Dave - it is indeed labourious, but still possible to do from council tax and other in house data as I've proved - but easier Ibelieve if you've got a corporate land & property Gazetteer system -which we have n't in Southampton as yet.

I guess it's a question of weighing the desire to get a better handle on true local empty property dynamics to properly compare with other LAs as a distraction from actually working on getting properties back into use eg for BVPI 64 purposes.

And I have to be honest and say that if it was n't for the apparently continuing scale of the problem in Southampton or the fact that we are unitary and therefore particularly suspect to the CPA Sword of Damocles for H18, I would be much less obsessive with all this.....

Thanks

Keith

Empty Property Officer, Southampton City Council