Housing and Planning Act 2016
Housing and Planning Act 2016 (2016 c. 22)
- Housing and Planning Act 2016 (2016 c. 22)
- PART 1 New homes in England
- CHAPTER 1 Starter homes
- 1 Purpose of this Chapter
- 2 What is a starter home?
- 3 Power to require payments or discounts on resale (subject to tapering) etc
- 4 General duty to promote supply of starter homes
- 5 Planning permission: provision of starter homes
- 6 Monitoring
- 7 Compliance directions
- 8 Interpretation of this Chapter
- CHAPTER 2 Self-build and custom housebuilding
- 9 Definitions
- 10 Duty to grant planning permission etc
- 11 Exemption from duty
- 12 Further and consequential amendments
- PART 2 Rogue landlords and property agents in England
- CHAPTER 1 Introduction
- 13 Introduction to this Part
- CHAPTER 2 Banning orders
- Banning orders: key definitions
- 14 “Banning order” and “banning order offence”
- Imposition of banning orders
- 15 Application and notice of intended proceedings
- 16 Making a banning order
- 17 Duration and effect of banning order
- 18 Content of banning order: involvement in bodies corporate
- 19 Power to require information
- 20 Revocation or variation of banning orders
- Consequences of banning order, including consequences of breach
- 21 Offence of breach of banning order
- 22 Offences by bodies corporate
- 23 Financial penalty for breach of banning order
- 24 Saving for illegal contracts
- 25 Banned person may not hold HMO licence etc
- 26 Management orders following banning order
- Anti-avoidance
- 27 Prohibition on certain disposals
- CHAPTER 3 Database of rogue landlords and property agents
- The database and its content
- 28 Database of rogue landlords and property agents
- 29 Duty to include person with banning order
- 30 Power to include person convicted of banning order offence
- 31 Procedure for inclusion under section 30
- 32 Appeals
- 33 Information to be included in the database
- 34 Updating
- 35 Power to require information
- Removal or variation
- 36 Removal or variation of entries made under section 30
- 37 Requests for exercise of powers under section 36 and appeals
- Access to information in the database
- 38 Access to database
- 39 Use of information in database
- CHAPTER 4 Rent repayment orders
- Rent repayment orders: introduction
- 40 Introduction and key definitions
- Application for rent repayment order
- 41 Application for rent repayment order
- 42 Notice of intended proceedings
- Making of rent repayment order
- 43 Making of rent repayment order
- 44 Amount of order: tenants
- 45 Amount of order: local housing authorities
- 46 Amount of order following conviction
- 46A Amount of order: supplementary
- Enforcement of rent repayment order
- 47 Enforcement of rent repayment orders
- Local housing authority functions
- 48 Duty to consider applying for rent repayment orders
- 49 Helping tenants apply for rent repayment orders
- Amendments etc and interpretation
- 50 Rent repayment orders: consequential amendments
- 51 Housing benefit: inclusion pending abolition
- 51A Landlord which is body corporate: liability of directors etc
- 52 Interpretation of Chapter
- CHAPTER 5 Appeals under this Part
- 53 Appeals from the first-tier tribunal
- CHAPTER 6 Interpretation of Part 2
- 54 Meaning of “letting agent” and related expressions
- 55 Meaning of “property manager” and related expressions
- 56 General interpretation of Part
- PART 3 Recovering abandoned premises in England
- 57 Recovering abandoned premises
- 58 The unpaid rent condition
- 59 Warning notices
- 60 Reinstatement
- 61 Methods for giving notices under sections 57 and 59
- 62 Interpretation of Part
- 63 Consequential amendment to Housing Act 1988
- PART 4 Social housing in England
- CHAPTER 1 Implementing the right to buy on a voluntary basis
- Funding of discounts offered to tenants
- 64 Grants by Secretary of State
- 65 Grants by Greater London Authority
- Monitoring compliance
- 66 Monitoring
- Amendments to other legislation
- 67 Consequential changes to HCA's duty to give grants
- Interpretation
- 68 Interpretation of Chapter
- CHAPTER 2 Vacant higher value local authority housing
- Payments to Secretary of State by local housing authorities
- 69 Payments to Secretary of State
- 70 Housing to be taken into account
- 71 Procedure for determinations
- 72 More about determinations
- 73 Determinations in the first year that section 69 comes into force
- 74 Reduction of payment by agreement
- 75 Set off against repayments under section 69
- Duty to consider selling
- 76 Duty to consider selling vacant higher value housing
- Amendments and interpretation
- 77 Local authority disposal of housing: consent requirements
- 78 Set off under section 11 of Local Government Act 2003
- 79 Interpretation of Chapter
- CHAPTER 3 Rents for high income social tenants
- Mandatory rents for local authority tenants
- 80 Mandatory rents for high income local authority tenants
- 81 Meaning of “high income” etc
- 82 Information about income
- 83 HMRC information
- 84 Reverting to original rent levels
- 85 Power to change rents and procedure for changing rents
- 86 Payment by local authority of increased income to Secretary of State
- 87 Provision of information to Secretary of State
- 88 Interaction with other legislation and consequential amendments
- Private registered providers: rent policies for high income tenants
- 89 Private providers: policies for high income social tenants
- 90 HMRC information for private registered providers
- Interpretation
- 91 Interpretation of Chapter
- CHAPTER 4 Reducing regulation of social housing etc
- 92 Reducing social housing regulation
- 93 Reducing local authority influence over private registered providers
- 94 Recovery of social housing assistance: successors in title
- CHAPTER 5 Insolvency of registered providers of social housing
- Housing administration
- 95 Housing administration order: providers of social housing in England
- 96 Objectives of housing administration
- 97 Objective 1: normal administration
- 98 Objective 2: keeping social housing in the regulated sector
- 99 Applications for housing administration orders
- 100 Powers of court
- 101 Housing administrators
- 102 Conduct of administration etc
- 103 Housing administrator may sell land free from planning obligations
- Restrictions on other insolvency procedures
- 104 Winding-up orders
- 105 Voluntary winding up
- 106 Making of ordinary administration orders
- 107 Administrator appointments by creditors etc
- 108 Enforcement of security
- Financial support for registered providers in housing administration
- 109 Grants and loans where housing administration order is made
- 110 Indemnities where housing administration order is made
- 111 Indemnities: repayment by registered provider etc
- 112 Guarantees where housing administration order is made
- 113 Guarantees: repayment by registered provider etc
- Supplementary provisions
- 114 Modification of this Chapter under the Enterprise Act 2002
- 115 Amendments to housing moratorium and consequential amendments
- 116 Interpretation of Chapter
- 117 Application of Part to Northern Ireland
- CHAPTER 6 Secure tenancies etc.
- 118 Secure tenancies etc: phasing out of tenancies for life
- 119 Termination of fixed-term secure tenancies without need to forfeit
- 120 Succession to secure tenancies and related tenancies
- 121 Secure and assured tenancies: transfer of tenancy
- PART 5 Housing, estate agents and rentcharges: other changes
- Electrical safety standards
- 122 Electrical safety standards for residential properties let by landlords
- 123 Electrical safety standards: enforcement
- Accommodation needs in England
- 124 Assessment of accommodation needs
- Housing regulation in England
- 125 Licences for HMO and other rented accommodation: additional tests
- 126 Financial penalty as alternative to prosecution under Housing Act 2004
- 127 Offence of contravening an overcrowding notice: level of fine
- Housing information in England
- 128 Tenancy deposit information
- 129 Use of information obtained for certain other statutory purposes
- 130 Tenants' associations: power to request information about tenants
- Administration charges
- 131 Limitation of administration charges: costs of proceedings
- Enforcement of estate agents legislation
- 132 Estate agents: lead enforcement authority
- Client money protection schemes for property agents
- 133 Power to require property agents to join client money protection schemes
- 134 Client money protection schemes: approval or designation
- 135 Enforcement of client money protection scheme regulations
- Enfranchisement and extension of long leaseholds
- 136 Enfranchisement and extension of long leaseholds: calculations
- Rentcharges
- 137 Redemption price for rentcharges
- 138 Procedure for redeeming English rentcharges
- PART 6 Planning in England
- Neighbourhood planning
- 139 Designation of neighbourhood areas
- 140 Timetable in relation to neighbourhood development orders and plans
- 141 Making neighbourhood development orders and plans: intervention powers
- 142 Local planning authority to notify neighbourhood forum of applications
- Local planning
- 143 Power to direct amendment of local development scheme
- 144 Power to give direction to examiner of development plan document
- 145 Intervention by Secretary of State
- 146 Secretary of State's default powers
- 147 Default powers exercisable by Mayor of London or combined authority
- 148 Costs of independent examinations held by Secretary of State
- Planning in Greater London
- 149 Planning powers of the Mayor of London
- Permission in principle and local registers of land
- 150 Permission in principle for development of land
- 151 Local planning authority to keep register of particular kinds of land
- Planning permission etc
- 152 Approval condition where development order grants permission for building
- 153 Planning applications that may be made directly to Secretary of State
- 154 Planning freedoms: right for local areas to request alterations to planning system
- 155 Local planning authorities: information about financial benefits
- 156 Local planning authorities: information about neighbourhood development plans
- 157 Planning applications etc: setting of fees
- Planning obligations
- 158 Resolution of disputes about planning obligations
- 159 Planning obligations and affordable housing
- Nationally significant infrastructure projects
- 160 Development consent for projects that involve housing
- Powers for piloting alternative provision of processing services
- 161 Processing of planning applications by alternative providers
- 162 Regulations under section 161: general
- 163 Regulations under section 161: fees and payments
- 164 Regulations under section 161: information
- Review of minimum energy performance requirements
- 165 Review of minimum energy performance requirements
- Urban development corporations
- 166 Designation of urban development areas: procedure
- 167 Establishment of urban development corporations: procedure
- 168 Sections 166 and 167: consequential repeals
- New towns
- 169 Designation of new town areas and establishment of corporations: procedure
- 170 New towns: objects of development corporations in England
- Sustainable drainage
- 171 Sustainable drainage
- PART 7 Compulsory purchase etc
- Right to enter and survey land
- 172 Right to enter and survey land
- 173 Warrant authorising use of force to enter and survey land
- 174 Notice of survey and copy of warrant
- 175 Enhanced authorisation procedures etc. for certain surveys
- 176 Right to compensation after entry on or survey of land
- 177 Offences in connection with powers to enter land
- 178 Right to enter and survey or value Crown land
- 179 Amendments to do with sections 172 to 178
- Confirmation and time limits
- 180 Timetable for confirmation of compulsory purchase order
- 181 Confirmation by inspector
- 182 Time limits for notice to treat or general vesting declaration
- Vesting declarations: procedure
- 183 Notice of general vesting declaration procedure
- 184 Earliest vesting date under general vesting declaration
- 185 No general vesting declaration after notice to treat
- Possession following notice to treat etc
- 186 Extended notice period for taking possession following notice to treat
- 187 Counter-notice requiring possession to be taken on specified date
- 188 Agreement to extend notice period for possession following notice to treat
- 189 Corresponding amendments to the New Towns Act 1981
- 190 Abolition of alternative possession procedure following notice to treat
- 191 Extended notice period for taking possession following vesting declaration
- Compensation
- 192 Making a claim for compensation
- 193 Compensation after withdrawal of notice to treat
- 194 Making a request for advance payment of compensation
- 195 Power to make and timing of advance payment
- 196 Interest on advance payments of compensation
- 197 Repayment of advance payment where no compulsory purchase
- 198 Repayment of payment to mortgagee if land not acquired
- Disputes
- 199 Objection to division of land
- 200 Objection to division of land: blight notices
- 201 Power to quash decision to confirm compulsory purchase order
- 202 Extension of compulsory purchase time limit during challenge
- Power to override easements and other rights
- 203 Power to override easements and other rights
- 204 Compensation for overridden easements etc
- 205 Interpretation of sections 203 and 204
- 206 Amendments to do with sections 203 and 204
- PART 8 Public authority land
- 207 Engagement with public authorities in relation to proposals to dispose of land
- 208 Duty of public authorities to prepare report of surplus land holdings
- 209 Power to direct bodies to dispose of land
- 210 Reports on improving efficiency and sustainability of buildings owned by local authorities
- 211 Reports on improving efficiency and sustainability of buildings in military estate
- PART 9 General
- 212 Power to make transitional provision
- 213 Power to make consequential provision
- 214 Regulations: general
- 215 Extent
- 216 Commencement
- 217 Short title
- SCHEDULES
- SCHEDULE 1 Financial penalty for breach of banning order
- Notice of intent
- Right to make representations
- Final notice
- Withdrawal or amendment of notice
- Appeals
- Recovery of financial penalty
- SCHEDULE 2 Banned person may not hold HMO licence etc
- SCHEDULE 3 Management orders following banning order
- SCHEDULE 4 Reducing social housing regulation
- PART 1 Removal of disposal consent requirements
- Housing Act 1985 (c. 68)
- Housing Act 1988 (c. 50)
- Local Government and Housing Act 1989 (c. 42)
- Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
- Housing and Regeneration Act 2008
- PART 2 Restructuring and dissolution: removal of consent requirements etc
- PART 3 Abolition of disposal proceeds fund
- PART 4 Enforcement Powers
- SCHEDULE 5 Conduct of housing administration: companies
- PART 1 Modifications of Schedule B1 to the Insolvency Act 1986
- Introductory
- General modifications of the applicable provisions
- Specific modifications
- PART 2 Further modifications of Schedule B1 to Insolvency Act 1986: foreign companies
- Introductory
- Modifications
- PART 3 Other modifications
- General modifications
- Modifications of the Insolvency Act 1986
- Power to make further modifications
- Interpretation of Part 3 of Schedule
- SCHEDULE 6 Amendments to housing moratorium and consequential amendments
- SCHEDULE 7 Secure tenancies etc: phasing out of tenancies for life
- Law of Property Act 1925 (c. 20)
- Housing Act 1985 (c. 68)
- Landlord and Tenant Act 1985 (c. 70)
- Housing Act 1996 (c. 52)
- Land Registration Act 2002 (c. 9)
- Localism Act 2011 (c. 20)
- Savings for flexible tenancies with only 9 months left to run
- SCHEDULE 8 Succession to secure tenancies and related tenancies
- Housing Act 1985 (c. 68)
- Housing Act 1996 (c. 52)
- Localism Act 2011 (c. 20)
- Savings
- SCHEDULE 9 Financial penalty as alternative to prosecution under Housing Act 2004
- SCHEDULE 10 Enfranchisement and extension of long leaseholds: calculations
- Leasehold Reform Act 1967
- Leasehold Reform, Housing and Urban Development Act 1993
- SCHEDULE 11 Default powers exercisable by Mayor of London or combined authority: Schedule to be inserted in the Planning and Compulsory Purchase Act 2004
- SCHEDULE 12 Permission in principle for development of land: minor and consequential amendments
- Town and Country Planning Act 1990 (c. 8)
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- Commons Act 2006 (c. 26)
- SCHEDULE 13 Resolution of disputes about planning obligations: Schedule to be inserted in the Town and Country Planning Act 1990
- SCHEDULE 14 Right to enter and survey land: consequential amendments
- Defence Act 1842 (5 & 6 Vict c. 94)
- Coast Protection Act 1949 (12 & 13 Geo 6 c. 74)
- National Parks and Access to the Countryside Act 1949 (12, 13 & 14 Geo 6 c. 97)
- Land Powers (Defence) Act 1958 (6 & 7 Eliz 2 c. 30)
- Caravan Sites and Control of Development Act 1960 (8 & 9 Eliz 2 c. 62)
- Compulsory Purchase Act 1965 (c. 56)
- Criminal Justice Act 1972 (c. 71)
- Welsh Development Agency Act 1975 (c. 70)
- Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
- Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
- Local Government, Planning and Land Act 1980 (c. 65)
- Highways Act 1980 (c. 66)
- New Towns Act 1981 (c. 64)
- Civil Aviation Act 1982 (c. 16)
- Industrial Development Act 1982 (c. 52)
- Housing Act 1985 (c. 68)
- Local Government and Housing Act 1989 (c. 42)
- Electricity Act 1989 (c. 29)
- Town and Country Planning Act 1990 (c. 8)
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- Land Drainage Act 1991 (c. 59)
- Water Industry Act 1991 (c. 56)
- Water Resources Act 1991 (c. 57)
- Environment Act 1995 (c. 25)
- Greater London Authority Act 1999 (c. 29)
- Postal Services Act 2000 (c. 26)
- Housing and Regeneration Act 2008 (c. 17)
- Localism Act 2011 (c. 20)
- SCHEDULE 15 Notice of general vesting declaration procedure
- New notice requirements
- Consequential amendments
- Power to make corresponding amendments elsewhere
- SCHEDULE 16 Abolition of alternative possession procedure following notice to treat
- Land Compensation Act 1961 (c. 33)
- Compulsory Purchase Act 1965 (c. 56)
- Forestry Act 1967 (c. 10)
- Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)
- Land Compensation Act 1973 (c. 26)
- Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
- Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
- Planning and Compensation Act 1991 (c. 34)
- Planning Act 2008 (c. 29)
- SCHEDULE 17 Objection to division of land following notice to treat
- PART 1 Amendments to Compulsory Purchase Act 1965
- PART 2 Consequential amendments
- Land Compensation Act 1961 (c. 33)
- Land Compensation Act 1973 (c. 26)
- Provisions which refer to section 8(1)
- New Towns Act 1981 (c. 64)
- Acquisition of Land Act 1981 (c. 67)
- Water Industry Act 1991 (c. 56)
- Water Resources Act 1991 (c. 57)
- SCHEDULE 18 Objection to division of land following vesting declaration
- PART 1 Amendments to Compulsory Purchase (Vesting Declarations) Act 1981
- PART 2 Consequential amendments
- SCHEDULE 19 Amendments to do with sections 203 and 204
- Welsh Development Agency Act 1975 (c. 70)
- Local Government, Planning and Land Act 1980 (c. 65)
- New Towns Act 1981 (c. 64)
- Housing Act 1988 (c. 50)
- Town and Country Planning Act 1990 (c. 8)
- Greater London Authority Act 1999 (c. 29)
- Planning Act 2008 (c. 29)
- Housing and Regeneration Act 2008 (c. 17)
- Localism Act 2011 (c. 20)
- Infrastructure Act 2015 (c. 7)
- SCHEDULE 20 Authorities specified for purposes of section 210
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