Pickles to restrict council powers to tackle empty homes

The government has announced plans for safeguards to restrict local authorities’ use of “draconian and heavy-handed” empty dwelling management orders, with the Communities Secretary claiming the restrictions were necessary to protect civil liberties.

The orders, which were introduced by the Labour government in 2006, allow local authorities to take over properties that have been left empty, in some cases for as little as six months.

Under the proposed changes (which will require secondary legislation):

• The orders will be limited to empty properties “that have become magnets for vandalism, squatters and other forms of anti-social behaviour – blighting the local neighbourhood”
• a property will have to stood empty for at least two years before an order can be obtained, and
• Owners will have to be given “at least three months' notice” before the order can be issued.

Eric Pickles accused councils of using the orders to instigate inappropriate action against homeowners, including people in vulnerable situations.

He cited attempts by councils to use the powers against: a homeowner whilst she was caring for her injured daughter in France; the house of a 96 year old “as soon as he passed away in a nursing home”; and against a divorcee, “who faced action because he only lived in the property at weekends to visit his estranged children”.

The government said it was committed to bringing back into use many of the estimated 300,000 empty properties in England, arguing that the proposed New Homes Bonus would act as an incentive.

The Communities Secretary said: "There is a case for action to put boarded-up and blighted properties back into use. But these draconian and heavy-handed state powers have allowed councils to seize private homes in perfect condition, including their fixtures and fittings, just because the homes have been empty for a short while.

"The coalition government is standing up for the civil liberties of law-abiding citizens. Fundamental human rights include the right to property. People suffering the loss of a loved one should not have to endure the added indignity of having their home seized because of a delay in them deciding what to do with it.

"That's why the new government is introducing new safeguards that mean the rights of responsible homeowners will be protected, while allowing action to be taken against genuine derelict buildings which blight neighbourhoods."

There are currently two types of EDMO – an interim order that lasts for a year during which time the council is required to try to work with the owner to get the property back into use; where there is no agreement, the authority can make a final order lasting up to seven years.