UK Property Statutes

UK Property Statutes

These are some of the recent UK Property Statutes:

UK Property Statutes:
Localism Act 2011

A statute has been passed in England called the Localism Act 2011 (only a politician could come up with a title like that!). It is intended to make planning a more local matter and give more power to local communities.

However, hidden in this lengthy Statute are issues related to (i) a “list of asset of community value” (‘community assets’) that must be maintained by a local authority (such as local parks, village shops and public houses that are considered important to community), ss. 87–108; (ii) changes to the Community Infrastructure Levy to prevent it being imposed “in a way that does not make development of the area economically unviable”, Planning Act 2008, s. 205 (as amended by the Localism Act 2011, s. 115); (iii) changes to strengthen the procedures in respect of an enforcement order, ss. 123—127; (iv) as the name implies, creating new forms of Neighbourhood Planning, Part 6, Ch. 3, s. 122; (v) introducing a requirement for “consultation before applying for planning permission” for many forms of development (in particular those forms of development set out in a ‘development order’), Part 6, Ch. 4; (vi) modification of the rules in relation to planning permission that is to be taken into account when assessing compensation for compulsory purchase (especially allowing for account to be taken of the prospect of obtaining planning permission and when the grant of a certificate of appropriate alternative development); (vi) improving protection of deposits paid to a landlord within the provisions of the Tenancy Deposit Scheme.

In spite of all this, a planning appeal is still available to the Secretary of State for Communities and Local Government and the Secretary of State must look at all aspects of the application, as well as the local views as set forward after the consultation. The Secretary of State must consider national needs, such as the need for more housing or national infrastructure requirements.
The effect of the changes to the planning process does not “eliminate the role of the Secretary of State in determining planning applications opposed by local planning authorities or to abolish long-standing principles and policies such as the need for a five-year housing land supply”, Tewkesbury Borough Council v  Secretary of State for Communities and Local Government [2013] EWHC 286 (Admin), [2013] PLSCS 57.

Growth and Infrastructure Act 2013

This statute takes matters further by making provisions for the “use of infrastructure, the carrying-out of development”.

Commonhold and Leasehold Reform Act 2002

Commonhold

Apart from introducing the new form of property ownership called commonhold, this Act contains a number of significant changes to leasehold law in England & Wales:

Forfeiture

In the case of a long lease (basically one over 21 years) of a dwelling, prior to commencing forfeiture proceedings, the tenant must acknowledge that there is a breach of covenant, or the court, or the Upper Property Tribunal, must acknowledge that there is a breach (s. 168).
The 2002 Act sets out special notice requirements in respect of such arrears (CLRA 2002, s. 166). Also, for such leases, a landlord cannot start forfeiture proceedings if the arrears of rent (which includes a service charge or administrative expense) is less than £350, or the amount has been outstanding for more than three years (CLRA 2002, s. 167).
These provisions do not apply to a business tenancy or a tenancy of an agricultural holding (CLRA 2002, s. 169(4).

Enterprise and Regulatory Reform Act 2013 (ERRA) 

Applies to England, Wales, Scotland and Northern Ireland

Heritage Property & Listed Buildings

A ‘heritage partnership agreement’ may be entered into in respect of a listed building, which enables consent to be obtained for work to a listed building (P(LBCA)A, s. 26A-B, as inserted by ERRA 2013, s. 60))

The Secretary of State may make an order that automatically grants consent for an alteration of an alteration or extension of a listed building, called a ‘listed building consent order’. Similarly, a local planning authority may make a ‘local listed building consent order’ (Planning (Listed Buildings and Conservation Areas) Act 1990, s. 26C-G, as inserted by ERRA 2013, s. 60.

A certificate of lawfulness may be obtained in respect of a listed building (P(LBCA)A, s. 26H, as inserted by ERRA 2013, s. 61). Also a ‘certificate of immunity’ may be applied for in development at any time, rather than waiting for an application to be made for planning permission.

All the terms in bold are defined and explained in full in Real Estate Defined.

Find UK Property Statutes in full at:
legislation_gov_uk

UK Property Statutes
The Official Home of UK Legislation