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Property Legislation: Private Rented Sector Red Tape Challenge Wed, 16 Jan 2013 12:08:32 +0000 The Red Tape Challenge is led by a small team across the Cabinet Office and the Department for Business, Innovation and Skills. With over 21,000 regulations in the UK, the Red Tape Challenge is an attempt by the current government to reduce the burden of regulation. The aim is to harness the experience and ideas of those who deal with regulation in industry on a daily basis, in order to make changes and cut red tape. Last year we let you know about the red tape challenge for pubs, and now it is time for the government to turn their attention to the private rented sector. PRS regulations cover landlord and tenant relationships and rented and leasehold properties. Regulations in practice relate to the management of empty homes and the protection of tenantsÂ’ deposits, and the government want to hear your views on what they can do to deliver a simpler, less bureaucratic and more effective system, whilst maintaining the necessary protection and legal rights for tenants and leaseholders. If you have views on regulation in the private rented sector now is the time to share your thoughts. Responses to the following questions are particularly encouraged:
Get in touch Email the Red Tape Challenge Team: redtapechallenge@cabinet-office.gsi.gov.uk Write to the Red Tape Challenge Team: Red Tape Challenge Department for Business, Innovation & Skills 1 Victoria Street London SW1H 0ET Investment News: Community Infrastructure Levy Thu, 13 Sep 2012 17:43:01 +0100 The Community Infrastructure Levy is a planning charge that came into force on 6 April 2010. It allows local authorities in England and Wales to raise funds from developers undertaking new building projects in the area. Money raised from the Community Infrastructure Levy provides infrastructure to support the development of an area. This could include safer road, schools, hospitals, green spaces, leisure centre and health and social care facilities. Levy rates are charged by district and metropolitan councils, London borough councils, unitary authorities, national park authorities, The Broads Authority and the Mayor of London. Rates are set in consultation with local communities and developers, and a positive side of the levy is that developers will have a much clearer idea of how much they will be expected to contribute than they have had previously. In theory, the levyÂ’s charges are intended to be easily understood and easy to comply with. All but the smallest developments will be expected to pay the levy, as most buildings that people normally use will be liable to pay. However buildings which people do not normally go will not be liable. For new builds, the levy is only payable if it has 100 square metres or more of gross internal floor space, or if it involves the creation of additional dwellings, even when that is below 100 square metres. The levy costs will be based on pounds per square metre on the net additional increase in floor space of any given development. Responsibility for paying the levy lies with the owner of the land on which the liable development will be situated. Regulations define the landowner as a person who owns a ‘material interestÂ’ in the relevant land. There is however relief for charities and social housing landowners. A discretionary relief can be offered where profits are applied for charitable purposes, and in the case of social housing, regulations provide 100% relief from the levy on those parts of a chargeable development which are intended to be used as social housing. There are circumstances for a charging authority to receive land instead of monies, but only if this is done with the intention of using the land to provide or facilitate the provision of infrastructure to support the development of the charging authorityÂ’s area. Read the Community Infrastructure Levy overview in full Image: London City Hall (Colin Smith) / CC BY-SA 2.0 Property Legislation: Rights of Light Fri, 20 Jul 2012 16:13:30 +0100 Rights of light are an old, embedded feature of English property law. Rights to light attach to individual apertures (typically windows) in buildings. Any type of building can acquire a Right of Light; the use to which the building is put is not relevant to acquisition of the right. They are a class of easement that constantly presents developers with problems because unreasonable interference with an easement for light is a nuisance for which the remedy will be either an injunction, or damages, or both. They are not necessarily easy to identify - for example, there are no national “rights to light registers” held by local authorities or the Land Registry. Infringement of a right to light can only be resolved in one of two fundamental ways; modify the development sufficiently to remove the infringing section, or pay money to the affected owner(s) in return for permission to build to the desired scale and massing. The sums of money paid can be significant enough to affect scheme feasibility and thus site value. Easements can be acquired in a number of different ways. Rights to light are most commonly acquired pursuant to section 3 of the Prescription Act 1832. This confers on an aperture an absolute and indefeasible right of light when the access and use of natural light by a building has been enjoyed for a full period of 20 years, without interruption, unless there exists some express written consent or agreement by which the light is enjoyed. Case law has firmly established that unreasonable interference with a right to light is to be measured not by how light is taken away from a neighbouring building by a development, but by whether or not the neighbouring building will continue to enjoy adequate amounts of natural light on completion of the development. Adequacy of natural light is usually assessed by measuring the depths, within rooms, to which skylight will penetrate both before and after the subject development. This is where rights to light consultants get involved. If, after completion of a development, less than 50% of a room (by plan area) enjoys adequate light, then there is a serious risk that unreasonable interference with the right to light will result from the development. Always speak to a Rights of Light surveyor for specific advice; not taking proper Rights of Light advice can be very costly. Thanks to Paul Lovelock for his assistance with this article. If you would like to discuss this further please give us a call on 020 7644 2333. Property Taxation News: Thousands could be due an inheritance tax rebate Fri, 15 Jun 2012 14:10:57 +0100 Thousands of people could have paid too much inheritance tax, it has been claimed. London Commercial Property News: Landlords of retail property 'welcome riot help' Fri, 12 Aug 2011 11:15:00 +0100 People with property to rent in London could be glad of their landlord insurance protection this week as the full scale of the street violence witnessed in the capital was revealed. The Mirror reported that insurance companies could face £200 million worth of claims in the wake of civil unrest on the streets of London and other UK cities after groups of people went on the rampage to loot shops and set fire to properties. A package of measures from the government has been welcomed by the British Property Federation, as £30 million has been pledged to repair damaged retail property in London and other affected areas. "Landlords will play their part in helping their communities to recover, and the extra time they now have to make insurance claims will give them valuable breathing space as they work with tenants to take stock of the damage and disruption that has been caused," commented Liz Peace, chief executive of the organisation. "If, as it appears, the removal of rates liability for substantially damaged buildings is also to be given to empty properties that have been rendered uninhabitable, then this is also extremely positive." London Commercial Property News Building & Construction News: Planning system shake-up 'is needed' Thu, 21 Jul 2011 10:22:46 +0100 The number of new build properties under development may still be constrained by the planning permission system, according to the Home Builders Federation. Steve Turner, head of communications at the organisation, pointed out that the UK needs a "decent, functioning" planning system that delivers in the right places with permission. "There are some positive signs; the announcement on public land was promising and the announcement on FirstBuy was very positive, but there are still some major constraints on the longer-term recovery that we need to see," he noted. However, opponents have criticised the government plans for the shake-up of the planning system, with the Campaign to Protect Rural England arguing that the changes could pose a threat to areas of outstanding natural beauty. Meanwhile, Glenigan reported that the underlying value of UK construction project starts was a quarter (24 per cent) lower for the three months to June compared with the same period last year. Building & Construction News: Self builders 'still face bureaucracy hurdles' Tue, 12 Jul 2011 17:13:45 +0100 Individuals who are interested in self build properties might still face certain hurdles to get their projects, quite literally, off the ground. Jaclyn Thorburn, communications manager at BuildStore, noted that people might still struggle to comply with building regulations and money. "Any self-build project will be challenging, but certainly the most common hurdles are related to finding a suitable plot, negotiating the planning system, and managing your finances," she pointed out. However, a new government-industry working group aims to streamline the process of building new properties, so self-builders could find the situation easier to access. "Certainly the release of more land will help, as will revisions to the planning system, to make the process much quicker and easier for self-builders," Ms Thorburn added. The Government-Industry Self-Build Working Group was established earlier this year to advise ministers on the most effective ways to cut red tape and encourage aspiring self-builders to get constructing. Social Housing News: Government plans 'are a paradox' Tue, 12 Jul 2011 12:05:17 +0100 Government plans to restricts tenants' right to complain about their landlord have been described by the Residential Landlords Association as "a paradox". Alan Ward, chair of the organisation, commented that the proposals are "certainly contrary to this government's intention to reduce bureaucracy". His comments came after the National Housing Federation (NHF) teamed up with Shelter and the Tenant Participation Advisory Service to protest against the plans. Mr Ward said: "I would support the NHF and Shelter's position on this because it is a paradox as to why they would want to have some third party intervening in a relationship where the housing association or the RSL [registered social landlord] is seeking to improve its relationship with the tenant." He added that occasionally there may need be a third party to address a particularly extreme issue, but it should not be "a day-to-day affair" as this will only increase paperwork and red tape. Licensed property news: Localism Bill 'could affect pub sales' Mon, 06 Jun 2011 11:28:37 +0100 People thinking of buying a pub might be interested to hear that the government's Localism Bill could affect the way purchases are made. The British Beer & Pub Association has called for changes to be made to the community right to buy proposals under the legislation, as in their current form the organisation fears pub sales could be hindered. Martin Rawlings, director of pub and leisure at the association, commented: "We want to see as many pubs stay open as possible - and community right to buy definitely has a role to play in keeping community pubs open. But many pubs are successfully bought and sold every day, and thrive under their new ownership." He said the organisation would like to see the transfer of ownership process remain free of costly delays but retain the benefits and safeguards of the community right to buy proposals. Meanwhile, director of strategies at the Association of Licensed Multiple Retailers Kate Nicholls told the Morning Advertiser that her organisation has raised concerns about assignment of leases. Building & Construction News: Self build market is looking up Thu, 19 May 2011 17:05:06 +0100 Those interested in self build properties may find that the financial outlook is a lot more positive this spring. According to Jaclyn Thorburn, communications manager at self build specialists BuildStore Financial Services, things are looking up in the sector. "With more lenders coming into the market, and an increasing capacity to lend to self-builders, the market is looking good - currently up to 90 per cent borrowing is possible, and there are a number of finance solutions, whether you are building a new home from scratch, converting or renovating a property, or doing some home improvements," she pointed out. The government is also focusing on growing the self build market to match levels seen in Europe, where up to half of new properties are self builds, Ms Thorburn noted. BuildStore itself has witnessed a 30 per cent rise in self build UK mortgage offers in the three months to April 2011 compared with the same period a year ago. Property Repossession News: Empty home plans welcomed Wed, 18 May 2011 17:05:19 +0100 Government plans to bring more empty properties back into use have been welcomed by a charity, those with properties suitable for redevelopment might have heard. David Ireland, chief executive of Empty Homes, said communities minister Andrew Stunell's comments about the number of long-term empty homes being "a scandal" are encouraging. "More encouraging than that is that they are actually doing things [about the number of empty homes], which is great," he noted. Initiatives such as the new homes bonus, which incentivises councils to build more new properties, have been extended to include rewards for local authorities which manage to bring unoccupied homes back into use. "There is a real incentive for councils to get this done because it not only provides homes; it actually provides an income stream for them as well. These are very encouraging times," Mr Ireland added. Mr Stunell this week (May 16th) said around 700,000 more people could have a home of their own if the 300,000 empty properties in the country were filled with average sized families. Property Repossession News London rental property news: Lottery funding provided to create wildlife havens Mon, 16 May 2011 13:44:52 +0100 Those with property to rent in London's borough of Sutton could take advantage of property grants provided to homeowners and tenants in a bid to encourage them to transform their gardens into havens for plants, birds and wild animals and improve wildlife survival in the area. The Heritage Lottery Fund has provided the local council with £44,900 to further this end, with workshops and public events to be held later this year to show residents how oases can be created and maintained. Councillor Colin Hall, Sutton Council's executive member for environment and climate change, said: "Everyone with a garden or open space can play a major part in protecting endangered species and stopping the decline of our wildlife." Species to be protected include tawny and little owls, garden birds and bats. As part of International Biodiversity Week, Sutton Council is also offering people the chance to take a bat walk in Queen Mary's Park on May 18th. Brownfield Property Development: Construction sector 'must recover quickly' Tue, 03 May 2011 17:20:45 +0100 In order to encourage more brownfield developments and greenbelt developments, the construction industry must be given support to recover as quickly as possible. This is the view of Brian Berry, director of external affairs at the Federation of Master Builders, who said it is "absolutely fundamental" for construction to recover because "it underpins all the major infrastructure projects and the housing market". Until the property market picks up, housebuyer confidence could be affected because for many people, their home is their investment. "What we need is greater confidence to allow people to start investing again, but it is difficult in the current market because of the government cutbacks that we have seen and job insecurity with people worried about losing their jobs," Mr Berry added. His remarks come after the Office for National Statistics released data showing that construction output decreased by 4.7 per cent in the first quarter of 2011 compared with a decline of 2.3 per cent in the previous three-month period. Brownfield Property Development Building & Construction News: Self build properties 'appeal to many' Fri, 18 Feb 2011 13:02:44 +0000 Self build properties have a "wide appeal" because of the flexibility involved in constructing them, BuildStore has stated. According to Jaclyn Thorburn, spokeswoman for the company, building a property "is the best way [homeowners can] get the home they want and need, at a price they can afford". "Self-build and renovation definitely has a wide appeal, not least because of the ability to design and build to your own specification and budget, but also because of the savings that can be made," she pointed out. Ms Thorburn also highlighted the fact that there has always been "a large aspirant self-build market" in this country, so with more homeowners joining the trend, "this could be the start of a new house-building revolution". Her comments come after housing minister Grant Shapps hosted a summit on the problems that first time buyers face in accessing the property market. He called on UK mortgage lending companies to join a "unified effort" and find "creative solutions" to address the issues. Building Regulations news: Costs 'should not halt construction of new properties' Tue, 15 Feb 2011 16:44:49 +0000 It is important that additional costs do not get in the way of constructing more new build properties, the Home Builders Federation has stated. Steve Turner, spokesman for the trade association, noted that changes to part L of the building regulations will ramp up costs but this should be seen as part of the bigger picture of additional costs that were levied. "The industry is moving towards zero carbon homes by 2015 which in itself will be a significant achievement. Over time, we need to bear in mind the need to deliver more housing and not let additional costs get in the way of that underlying principle of [the fact that] we need to build more," he argued. The increased demand for new homes will also hike interest in energy efficiency and green building materials. "The whole carbon agenda is going to require new technologies [and] new skills to be developed by the house building industry and by its supply industry. That's all part of the process and why we need to be realistic about how quickly we need to implement all [of] these changes that the agenda requires," Mr Turner added. Building & Construction News: Self builders 'need incentives' Fri, 04 Feb 2011 13:20:46 +0000 People who are interested in self build properties need more incentives if they are to get started on their own home, Sustain Worldwide has argued. Gordon Miller, sustainability and communications director at the organisation, commented that the complex planning permission system tends to deter individuals from launching their own projects. "Planning bureaucracy puts off all but those with the strongest wills. Mortgages are not easy to obtain to self-build, and nor is buildable land readily available," he pointed out. However, incentives could encourage more people to start self-builds. "It's also important that would-be self-builders are encouraged to build sustainably and not simply to build. In doing so, it will make the housing stock more energy efficient, save homeowners money on fuel bills and assist the country to meet its carbon reduction obligations," Mr Miller added. His remarks come after the Department for Communities and Local Government announced it had met with self-build industry figures to discuss how a new advisory group could cut red tape. Investment Finance News: Residential landlords 'need access to buy to let funding' Fri, 28 Jan 2011 16:10:37 +0000 More needs to be done to ensure residential landlords can obtain buy to let funding, the Residential Landlords Association has argued. Chris Town, vice chair of the organisation, noted that funding options are difficult to come by at present, and this is impacting on those with property to rent in London or in other parts of the UK. "It is limiting the amount of availability to purchase three mortgages from one lender which for professional landlords, is quite limiting," he pointed out. "Even though the market is loosening up a little bit or there are signs of it loosening up, it is still very restrictive for professional landlords who wish to get into the market in a serious way." Mr Town insisted that it is "crucial" for the government to pressure banks into lending to landlords and property investors, as this will drive other sections of the economy including building maintenance. His comments follow research from Paragon indicating that brokers expect to increase by to let mortgage activity in the coming year. Licensed property news: Southend pubs 'no longer subject to restrictions' Fri, 24 Dec 2010 18:09:04 +0000 Individuals and companies renting a pub in Southend could soon see a restriction on licence applications lifted. According to the Morning Advertiser, applicants hoping to open bars and pubs in the Essex town centre will no longer be required to prove that their new nightspot would not increase alcohol-related incidents. The Cumulative Impact Zone (CIZ) restriction will be lifted from January 7th following a consultation of 1,000 individuals, companies and organisations. Sergeant Danny Barnes of Essex Police told the publication: "Some venues still attract problems, but the police want to deal with applications on a case by case basis. I think that is the way forward." Figures from the police force reveal that alcohol-related crime stayed at the same level throughout the period when the restriction was in place. Mr Barnes said if there is a sudden surge in crime, "we will have to look at CIZs again" but he hopes that police initiatives will combat any potential problems. Licensed property news: Pub industry calls for delay in VAT rise Fri, 24 Dec 2010 18:06:35 +0000 Pub companies have called for a delay to the increase in value-added tax (VAT) following December's wintry weather, which has affected sales. The British Beer & Pub Association (BBPA) has written to pubs minister Bob Neill with the request, echoing a call from the British Fashion Council's Harold Tillman to set the higher-rate VAT implementation date further back. BBPA chief executive Brigid Simmonds commented: "The run up to Christmas is normally one of the busiest times for pubs as people from all walks of life meet in pubs to celebrate the festive season. "The very cold snap over the last few weeks has had a considerable adverse effect on pubs as parties have been cancelled and people struggle to travel. If there was any consideration by ministers that the VAT increase should be postponed, it would provide considerable help to the industry." The VAT hike was announced by chancellor George Osborne earlier this year and is set to come into effect on January 4th 2011. Property Legislation News: Planning reform 'will allow communities to control their future' Tue, 21 Dec 2010 17:19:33 +0000 Government plans to hand over part of the planning permission process to local communities will boost localism, according to Community Matters. Rosie Anderson, policy and research officer at the organisation, commented that the Localism bill recognises shared ownership of buildings as "a key way that communities can really take control of their destinies - financially, but in many other ways as well". "It also is a really good start in trying to think about how to make that a reality; in particular it requires councils to keep a list of properties that are recognised locally as being of importance to the community, and that has the potential to help local groups a great deal," she added. Ms Anderson's comments come after the Localism bill was unveiled by communities and local government secretary Eric Pickles earlier this month. The legislation is designed to devolve control to local people and give them the opportunity to bid to buy assets such as libraries, shops and pubs. |
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