Ministers invite people to "vote out" 200+ housing and construction regulations PDF Print E-mail
Friday, 13 January 2012 09:31

The government is inviting people to “vote out” more than 200 regulations affecting housing and construction in the latest stage of its so-called Red Tape Challenge.

The regulations being put under scrutiny are in four main areas:

  • The private rented sector
  • Social housing
  • Construction related regulations
  • Building regulations and related legislation.

The Department for Communities and Local Government insisted that any simplification “would not come at the cost of quality, and smart regulation will encourage growth while maintaining high safety standards and legal protections”.

The DCLG said the review – intended to identify “excessive or complicated” legislation – would reflect the approach set out in the Government’s Housing Strategy, which was issued last November.

This strategy, the Department claimed, set out the Government’s commitments to better environmental standards, more affordable housing, security of tenure, legal protection for tenants and leaseholders, and support for the elderly, vulnerable households and those on low incomes.

A wide range of social housing regulations are on the list, including:

  • Regulations relating to the list of approved bodies who have the right to let new dwellings under Assured Tenancies (in Section 56 of the Housing Act 1980)
  • Demoted Tenancies (Review of Decisions) (England) Regulations 2004: These set out the procedure to be followed in a review of a landlord’s decision to seek possession of a demoted tenancy
  • Housing (Right of First Refusal) (England) Regulations 2005: These require that secure tenants who have bought their homes under the Right to Buy scheme, if they want to sell their home during the first ten years after purchase (except for exemptions) must offer the property to prescribed social landlords, for purchase at full market value
  • A number of regulations relating to service charge loans
  • Regulatory Reform (Housing Assistance) (England and Wales) Order 2002, SI 2002/1860: This gives local housing authorities in England and Wales a new power to improve living conditions in their area (through adapting and repairing living accomodation)
  • Secure Tenancies (Notices) Regulations 1987: These prescribe the forms which have to be served on a secure tenant before a court can entertain proceedings for possession of the property or for the termination or demotion of the tenancy
  • Homelessness (Suitability of Accommodation) (England) Order 2003: This specifies the circumstances in which accommodation offered by a local housing authority to an applicant who is homeless or threatened with homelessness will not be regarded as suitable
  • A range of regulations relating to the Right to Buy, setting out for example the information about the scheme that landlords must provide to secure tenants.

The Red Tape Challenge asks whether the regulations should be scrapped altogether; their purpose could be achieved in a non-regulatory way; they could be reformed, simplified or merged; their bureaucracy reduced through better implementation; their enforcement could be made less burdensome; or they should be left as they are.

Junior government minister Baroness Hanham said: "For years builders, businesses, landlords and residents have had to navigate an increasingly complicated set of rules and regulations to do things by the book. Now we're giving them the chance to tell us what they would like us to change so that building a new home or property is a smoother ride.

"The Red Tape Challenge has already helped the Government update or remove hundreds of regulations and I'm confident that with the help of the public and the people who see housing law in action every day, we can streamline housing and construction law while protecting the high standard of  buildings and infrastructure that this country needs."

More information can be found here. http://www.redtapechallenge.cabinetoffice.gov.uk/themehome/housing-and-construction/

 

Latest News

July 31, 2014

First site sold under public land disposal pilot scheme run by HCA

The first site has been sold under the Homes and Communities Agency’s public land disposal pilot scheme. Read more
July 31, 2014

Referendum on neighbourhood plan goes ahead despite legal action

A referendum on a neighbourhood plan was due to go ahead this week despite a legal challenge from a developer. Read more
July 29, 2014

District pays £3.6m to settle claim brought by housing association

A district council has agreed to pay a housing association £3.6m to settle a dispute over properties transferred in 1996. Read more
July 22, 2014

Housebuilder launches Planning Court challenge to neighbourhood plan

A housebuilder has launched a judicial review challenge to a neighbourhood plan with the Planning Court. Read more
July 21, 2014

Law Commission urges full reform project on data sharing and public bodies

The Law Commission has this month recommended that a full law reform project should be carried out “in order to create a principled and clear legal structure for data sharing, which will meet the needs of society”. Read more
July 21, 2014

NW housing groups selects 15 law firms for legal services panels

Progress Housing Group has named 15 law firms to a legal services framework with an estimated value of £800,000 over four years. Read more
July 16, 2014

Housing organisation names seven law firms to panels worth £1.25m to £60m

Procurement for Housing, a national organisation for the social housing sector, has appointed seven law firms to panels potentially worth between £1.25m and £60m. Read more

 

Features

Housebuilding iStock 000008203889XSmall 146x219
July 24, 2014

Planning authorities and under-performance

Ministers have revised the criteria on under-performing planning authorities and when developers can submit applications directly to the Planning Inspectorate. James Garbett and Philippa Plumtree-Varley report. Read more
House key iStock 000004543619XSmall 146x219
July 10, 2014

For better or for worse

The Court of Appeal has just handed down an important ruling on the scope of statutory homeless reviews. Kelvin Rutledge QC and Sian Davies analyse the judgment. Read more
July 03, 2014

What you need to know about district heat networks

Mark Routley looks at the opportunities and challenges for local authorities presented by district heat networks. Read more
July 03, 2014

Article 8, the Equality Act and summary hearings

How should Article 8 and Equality Act 2010 arguments be treated when raised at a summary hearing? Senga Howells reports on a recent case. Read more
June 26, 2014

Challenges to the ‘bedroom tax’ and DHPs

Jed Meers analyses the recent High Court ruling in Rutherford and the evolving role of Discretionary Housing Payments. Read more
June 26, 2014

Local authorities, notices to quit and undue influence

The Court of Appeal recently examined whether a notice to quit was procured by the undue influence of a housing officer employed by a council. Jonathan Manning and Amy Knight explain the judgment. Read more
June 20, 2014

Becoming homeless intentionally

When was the relevant time for a council to consider whether an applicant’s homelessness was intentional? Chistopher Baker reports on an important Court of Appeal ruling. Read more

 

Older news and features

July 10, 2014

For better or for worse

April 10, 2014

Stating your grounds

Click here for full section archive

Now Previewing on LGL.tv: Social Housing Allocations: Law and Practice (Click on bottom right of screen for full size.)

Featured Jobs


CLICK HERE to search all current vacancies

Featured Courses & Events

50% off LGLtv subscriptions

Sign up for Courses and Events Updates

* indicates required

Services v2

Yellow pages iStock 000009762383XSmall cropTo access details of individual advertisers, please click on the relevant banner below.

To search all entries in the Local Government Lawyer Services Directory, please click here

 

 


 Shout_to_the_top_looking_left_iStock_000006002590XSmall_98x74 Latest Blog Posts

 

 


 

Ballot_iStock_000006080605XSmall_thumb

Snap Judgement

Will the SRA's decision to remove the 16 hour minimum training requirement...