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Housing and Planning Bill (HL Bill 117)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Communities and
Local Government, are published separately as HL Bill 87—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Baroness Williams of Trafford has made the following statement under section
19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Housing and Planning Bill are compatible with the
Convention rights.

Contents

  1. Part 1

    New homes in England

    1. Chapter 1

      Starter homes

      1. 1. Purpose of this Chapter

      2. 2. What is a starter home?

      3. 3. General duty to promote supply of starter homes

      4. 4. Planning permission: provision of starter homes

      5. 5. Monitoring

      6. 6. Compliance directions

      7. 7. Interpretation of this Chapter

    2. Chapter 2

      Self-build and custom housebuilding

      1. 8. Definitions

      2. 9. Duty to grant planning permission etc

      3. 10. Exemption from duty

      4. 11. Further and consequential amendments

  2. Part 2

    Rogue landlords and property agents in England

    1. Chapter 1

      Introduction

      1. 12. Introduction to this Part

    2. Chapter 2

      Banning orders

      1. Banning orders: key definitions

        1. 13. “Banning order” and “banning order offence”

      2. Imposition of banning orders

        1. 14. Application and notice of intended proceedings

        2. 15. Making a banning order

        3. 16. Duration and effect of banning order

        4. 17. Content of banning order: company involvement

        5. 18. Power to require information

        6. 19. Revocation or variation of banning orders

      3. Consequences of banning order, including consequences of breach

        1. 20. Offence of breach of banning order

        2. 21. Offences by bodies corporate

        3. 22. Financial penalty for breach of banning order

        4. 23. Saving for illegal contracts

        5. 24. Banned person may not hold HMO licence etc

        6. 25. Management orders following banning order

      4. Anti-avoidance

        1. 26. Prohibition on certain disposals

    3. Chapter 3

      Database of rogue landlords and property agents

      1. The database and its content

        1. 27. Database of rogue landlords and property agents

        2. 28. Duty to include person with banning order

        3. 29. Power to include person convicted of banning order offence

        4. 30. Procedure for inclusion under section 29

        5. 31. Appeals

        6. 32. Information to be included in the database

        7. 33. Updating

        8. 34. Power to require information

      2. Removal or variation

        1. 35. Removal or variation of entries made under section 29

        2. 36. Requests for exercise of powers under section 35 and appeals

      3. Access to information in the database

        1. 37. Access to database

        2. 38. Use of information in database

    4. Chapter 4

      Rent repayment orders

      1. Rent repayment orders: introduction

        1. 39. Introduction and key definitions

      2. Application for rent repayment order

        1. 40. Application for rent repayment order

        2. 41. Notice of intended proceedings

      3. Making of rent repayment order

        1. 42. Making of rent repayment order

        2. 43. Amount of order: tenants

        3. 44. Amount of order: local housing authorities

        4. 45. Amount of order following conviction

      4. Enforcement of rent repayment order

        1. 46. Enforcement of rent repayment orders

      5. Local housing authority functions

        1. 47. Duty to consider applying for rent repayment orders

        2. 48. Helping tenants apply for rent repayment orders

      6. Amendments etc and interpretation

        1. 49. Rent repayment orders: consequential amendments

        2. 50. Housing benefit: inclusion pending abolition

        3. 51. Interpretation of Chapter

    5. Chapter 5

      Appeals under this Part

      1. 52. Appeals from the first-tier tribunal

    6. Chapter 6

      Interpretation of Part 2

      1. 53. Meaning of “letting agent” and related expressions

      2. 54. Meaning of “property manager” and related expressions

      3. 55. General interpretation of Part

  3. Part 3

    Recovering abandoned premises in England

    1. 56. Recovering abandoned premises

    2. 57. The unpaid rent condition

    3. 58. Warning notices

    4. 59. Reinstatement

    5. 60. Methods for giving notices under sections 56 and 58

    6. 61. Interpretation of Part

    7. 62. Consequential amendment to Housing Act 1988

  4. Part 4

    Social housing in England

    1. Chapter 1

      Implementing the right to buy on a voluntary basis

      1. Funding of discounts offered to tenants

        1. 63. Grants by Secretary of State

        2. 64. Grants by Greater London Authority

      2. Monitoring compliance

        1. 65. Monitoring

      3. Amendments to other legislation

        1. 66. Consequential changes to HCA’s duty to give grants

      4. Interpretation

        1. 67. Interpretation of Chapter

    2. Chapter 2

      Vacant higher value local authority housing

      1. Payments to Secretary of State by Local Housing Authorities

        1. 68. Payments to Secretary of State

        2. 69. Housing to be taken into account

        3. 70. Procedure for determinations

        4. 71. More about determinations

        5. 72. Determinations in the first year that section 68 comes into force

        6. 73. Reduction of payment by agreement

        7. 74. Set off against repayments under section 68

      2. Duty to consider selling

        1. 75. Duty to consider selling vacant higher value housing

      3. Amendments and interpretation

        1. 76. Local authority disposal of housing: consent requirements

        2. 77. Set off under section 11 of Local Government Act 2003

        3. 78. Interpretation of Chapter

    3. Chapter 3

      Rents for high income social tenants

      1. Mandatory rents for local authority tenants

        1. 79. Mandatory rents for high income local authority tenants

        2. 80. Meaning of “high income” etc

        3. 81. Information about income

        4. 82. HMRC information

        5. 83. Reverting to original rent levels

        6. 84. Power to change rents and procedure for changing rents

        7. 85. Payment by local authority of increased income to Secretary of State

        8. 86. Provision of information to Secretary of State

        9. 87. Interaction with other legislation and consequential amendments

      2. Private registered providers: rent policies for high income tenants

        1. 88. Private providers: policies for high income social tenants

        2. 89. HMRC information for private registered providers

      3. Interpretation

        1. 90. Interpretation of Chapter

    4. Chapter 4

      Reducing regulation of social housing etc

      1. 91. Reducing social housing regulation

      2. 92. Reducing local authority influence over private registered providers

      3. 93. Recovery of social housing assistance: successors in title

    5. Chapter 5

      Insolvency of registered providers of social housing

      1. Housing administration

        1. 94. Housing administration order: providers of social housing in England

        2. 95. Objective of housing administration

        3. 96. Objective 1: normal administration

        4. 97. Objective 2: keeping social housing in the regulated sector

        5. 98. Applications for housing administration orders

        6. 99. Powers of court

        7. 100. Housing administrators

        8. 101. Conduct of administration etc

        9. 102. Housing administrator may sell land free from planning obligations

      2. Restrictions on other insolvency procedures

        1. 103. Winding-up orders

        2. 104. Voluntary winding up

        3. 105. Making of ordinary administration orders

        4. 106. Administrator appointments by creditors

        5. 107. Enforcement of security

      3. Financial support for registered providers in housing administration

        1. 108. Grants and loans where housing administration order is made

        2. 109. Indemnities where housing administration order is made

        3. 110. Indemnities: repayment by registered provider etc

        4. 111. Guarantees where housing administration order is made

        5. 112. Guarantees: repayment by registered provider etc

      4. Supplementary provisions

        1. 113. Modification of this Chapter under the Enterprise Act 2002

        2. 114. Amendments to housing moratorium and consequential amendments

        3. 115. Interpretation of Chapter

        4. 116. Application of Part to Northern Ireland

    6. Chapter 6

      Secure tenancies etc.

      1. 117. Secure tenancies etc: phasing out of tenancies for life

      2. 118. Termination of fixed-term secure tenancies without need to forfeit

      3. 119. Succession to secure tenancies and related tenancies

      4. 120. Secure and assured tenancies: transfer of tenancy

  5. Part 5

    Housing, estate agents and rentcharges: other changes

    1. Electrical safety standards

      1. 121. Electrical safety standards for properties let by private landlords

      2. 122. Electrical safety standards: enforcement

    2. Accommodation needs in England

      1. 123. Assessment of accommodation needs

    3. Housing regulation in England

      1. 124. Licences for HMO and other rented accommodation: additional tests

      2. 125. Financial penalty as alternative to prosecution under Housing Act 2004

      3. 126. Offence of contravening an overcrowding notice: level of fine

    4. Housing information in England

      1. 127. Tenancy deposit information

      2. 128. Use of information obtained for certain other statutory purposes

      3. 129. Tenants’ associations: power to request information about tenants

    5. Administration charges

      1. 130. Limitation of administration charges: costs of proceedings

    6. Enforcement of estate agents legislation

      1. 131. Estate agents: lead enforcement authority

    7. Client money protection schemes for property agents

      1. 132. Power to require property agents to join client money protection schemes

      2. 133. Client money protection schemes: approval or designation

      3. 134. Enforcement of client money protection scheme regulations

    8. Enfranchisement and extension of long leaseholds

      1. 135. Enfranchisement and extension of long leaseholds: calculations

    9. Rentcharges

      1. 136. Redemption price for rentcharges

      2. 137. Procedure for redeeming English rentcharges

  6. Part 6

    Planning in England

    1. Neighbourhood planning

      1. 138. Designation of neighbourhood areas

      2. 139. Timetable in relation to neighbourhood development orders and plans

      3. 140. Making neighbourhood development orders and plans: intervention powers

      4. 141. Local planning authority to notify neighbourhood forum of applications

      5. 142. Neighbourhood right of appeal

    2. Local planning

      1. 143. Power to direct amendment of local development scheme

      2. 144. Power to give direction to examiner of development plan document

      3. 145. Intervention by Secretary of State

      4. 146. Secretary of State’s default powers

      5. 147. Default powers exercisable by Mayor of London or combined authority

      6. 148. Costs of independent examinations held by Secretary of State

    3. Planning in Greater London

      1. 149. Planning powers of the Mayor of London

    4. Permission in principle and local registers of land

      1. 150. Permission in principle for development of land

      2. 151. Local planning authority to keep register of particular kinds of land

    5. Planning permission etc

      1. 152. Approval condition where development order grants permission for building

      2. 153. Planning applications that may be made directly to Secretary of State

      3. 154. Planning freedoms: right for local areas to request alterations to planning
        system

      4. 155. Local planning authorities: information about financial benefits

      5. 156. Planning applications etc: setting of fees

    6. Planning obligations

      1. 157. Resolution of disputes about planning obligations

      2. 158. Planning obligations and affordable housing

      3. 159. Carbon compliance standard for new homes

      4. 160. Affordable housing contributions in small scale development

      5. 161. Sustainable drainage systems

    7. Nationally significant infrastructure projects

      1. 162. Development consent for projects that involve housing

    8. Powers for piloting alternative provision of processing services

      1. 163. Processing of planning applications by alternative providers

      2. 164. Regulations under section 163: general

      3. 165. Regulations under section 163: fees and payments

      4. 166. Regulations under section 163: information

    9. Urban development corporations

      1. 167. Designation of urban development areas: procedure

      2. 168. Establishment of urban development corporations: procedure

      3. 169. Sections 167 and 168: consequential repeals

    10. New towns

      1. 170. Designation of new town areas and establishment of corporations: procedure

      2. 171. New towns: objects of development corporations in England

  7. Part 7

    Compulsory purchase etc

    1. Right to enter and survey land

      1. 172. Right to enter and survey land

      2. 173. Warrant authorising use of force to enter and survey land

      3. 174. Notice of survey and copy of warrant

      4. 175. Enhanced authorisation procedures etc. for certain surveys

      5. 176. Right to compensation after entry on or survey of land

      6. 177. Offences in connection with powers to enter land

      7. 178. Right to enter and survey or value Crown land

      8. 179. Amendments to do with sections 172 to 178

    2. Confirmation and time limits

      1. 180. Timetable for confirmation of compulsory purchase order

      2. 181. Confirmation by inspector

      3. 182. Time limits for notice to treat or general vesting declaration

    3. Vesting declarations: procedure

      1. 183. Notice of general vesting declaration procedure

      2. 184. Earliest vesting date under general vesting declaration

      3. 185. No general vesting declaration after notice to treat

    4. Possession following notice to treat etc

      1. 186. Extended notice period for taking possession following notice to treat

      2. 187. Counter-notice requiring possession to be taken on specified date

      3. 188. Agreement to extend notice period for possession following notice to treat

      4. 189. Corresponding amendments to the New Towns Act 1981

      5. 190. Abolition of alternative possession procedure following notice to treat

      6. 191. Extended notice period for taking possession following vesting declaration

    5. Compensation

      1. 192. Making a claim for compensation

      2. 193. Compensation after withdrawal of notice to treat

      3. 194. Making a request for advance payment of compensation

      4. 195. Power to make and timing of advance payment

      5. 196. Interest on advance payments of compensation

      6. 197. Repayment of advance payment where no compulsory purchase

      7. 198. Repayment of payment to mortgagee if land not acquired

    6. Disputes

      1. 199. Objection to division of land

      2. 200. Objection to division of land: blight notices

      3. 201. Power to quash decision to confirm compulsory purchase order

      4. 202. Extension of compulsory purchase time limit during challenge

    7. Power to override easements and other rights

      1. 203. Power to override easements and other rights

      2. 204. Compensation for overridden easements etc

      3. 205. Interpretation of sections 203 and 204

      4. 206. Amendments to do with sections 203 and 204

  8. Part 8

    Public authority land

    1. 207. Engagement with public authorities in relation to proposals to dispose of land

    2. 208. Duty of public authorities to prepare report of surplus land holdings

    3. 209. Power to direct bodies to dispose of land

    4. 210. Reports on improving efficiency and sustainability of buildings owned by
      local authorities

    5. 211. Reports on improving efficiency and sustainability of buildings in military
      estate

  9. Part 9

    General

    1. 212. Power to make transitional provision

    2. 213. Power to make consequential provision

    3. 214. Regulations: general

    4. 215. Extent

    5. 216. Commencement

    6. 217. Short title

    1. Schedule 1

      Financial penalty for breach of banning order

    2. Schedule 2

      Banned person may not hold HMO licence etc

    3. Schedule 3

      Management orders following banning order

    4. Schedule 4

      Reducing social housing regulation

      1. Part 1

        Removal of disposal consent requirements

      2. Part 2

        Restructuring and dissolution: removal of consent
        requirements etc

      3. Part 3

        Abolition of disposal proceeds fund

      4. Part 4

        enforcement powers

    5. Schedule 5

      Conduct of housing administration: companies

      1. Part 1

        Modifications of Schedule B1 to the Insolvency Act 1986

      2. Part 2

        Further modifications of Schedule B1 to Insolvency Act 1986:
        foreign companies

      3. Part 3

        Other modifications

    6. Schedule 6

      Amendments to housing moratorium and consequential
      amendments

    7. Schedule 7

      Secure tenancies etc: phasing out of tenancies for life

    8. Schedule 8

      Succession to secure tenancies and related tenancies

    9. Schedule 9

      Financial penalty as alternative to prosecution under Housing
      Act 2004

    10. Schedule 10

      Enfranchisement and extension of long leaseholds:
      calculations

    11. Schedule 11

      Default powers exercisable by Mayor of London or combined
      authority: Schedule to be inserted in the Planning and
      Compulsory Purchase Act 2004

    12. Schedule 12

      Permission in principle for development of land: minor and
      consequential amendments

    13. Schedule 13

      Resolution of disputes about planning obligations: Schedule to
      be inserted in the Town and Country Planning Act 1990

    14. Schedule 14

      Right to enter and survey land: consequential amendments

    15. Schedule 15

      Notice of general vesting declaration procedure

    16. Schedule 16

      Abolition of alternative possession procedure following notice
      to treat

    17. Schedule 17

      Objection to division of land following notice to treat

      1. Part 1

        Amendments to Compulsory Purchase Act 1965

      2. Part 2

        Consequential amendments

    18. Schedule 18

      Objection to division of land following vesting declaration

      1. Part 1

        Amendments to Compulsory Purchase (Vesting Declarations)
        Act 1981

      2. Part 2

        Consequential amendment

    19. Schedule 19

      Amendments to do with sections 203 and 204

    20. Schedule 20

      Authorities specified for purposes of section 210

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