Local Authority Powers
Where all other routes to bring homes back into use have been unsuccessful, or where homeowners are reluctant to take action, or not engaging with us, Malvern Hills District Council reserves the right to take enforcement action to bring empty homes back into use.
There are several different enforcement options at the disposal of Malvern Hills District Council, and Worcestershire Regulatory Services on our behalf.
Legislation and enforcement action
Prevention of Damage by Pests Act 1949
This Act requires the landowner/occupier to keep their land free from rodents. This can be used to require a property owner to clear accumulations of rubbish from gardens and in the property itself.
Local Government Miscellaneous Provisions Act 1982, Section 29
This Act can be used where a property is not effectively secured against unauthorised access or is likely to become a danger to public health.
Building Act 1984, Section 77-79
If an empty home is considered to be a dangerous structure or is seriously detrimental to members of public, the Council may, by notice, require the owner to execute such works to renovation or demolition of a ruinous or dilapidated building.
Housing Act 1985, Section 17
This Act gives the Council power to take over land, houses, and forms the basis for compulsory purchase orders for the provision of housing accommodation.
Town and Country Planning Act 1990, Section 215
This Act gives a Local authority power to take steps requiring land to be cleaned up when its condition adversely affects the amenity of the area.
Housing Act 2004 Part 4
Grants powers to take over the management of a property using an Empty Dwelling Management Order (EDMO).
Empty Dwelling Management Order (EDMO)
An EDMO is an order that, once approved, gives the council the right to possession of a property for a fixed period of time. The council would act as landlord, but no ownership is transferred. Properties need to have been empty for at least 2 years with the owner showing no intention to bring the property back in to use.
There are two types of EDMO:
- Interim – lasts for an initial period of up to 12 months
- Final – can last up to 7 years, the EDMO can be reviewed after that time.
An EDMO gives the council responsibility for any works needed to make it habitable and any costs incurred to the council could be recovered through rents when the property is let.
Compulsory Purchase Order (CPOs)
As a last resort, the Local Authority has the power to purchase an empty home with or without the owner’s permission. CPOs may be used where:
- An owner cannot be traced
- An owner refuses to take action to bring the empty property back in to use
- Where the property is a long-term empty and is causing a nuisance to the surrounding area
- The property is a danger to the public
Enforced Sales Procedure (ESP)
Under the Law of Property Act 1925, Section 103, an enforced sale is a process that gives the council the power to force a sale of a privately owned property where there is debt owed to the Local Authority over £1000. Debt owed could be accrued where notice has been given and works have not been undertaken and the council carries out the work and registers it as a local land charge or there are council tax debts. Therefore, the council can then enforce the sale of the property to recover any outstanding debts. The council will only pursue an enforced sale if it has exhausted all other avenues of support and assistance.
Council Tax
Long term empty premium
Where a property has been unoccupied and substantially unfurnished / empty for more than 2 years, owners will be liable to pay 200% Council Tax following changes to legislation during 2018 which allowed the premium to increase by 100% from 1 April 2019.
When deciding whether the premium should apply we may take into consideration the reasons why properties are unoccupied and unfurnished, including whether they are available for sale or rent. Please contact us at
Unoccupied properties:
If a property is unoccupied, a 100% discount will apply for one month since the property was last empty and unfurnished, after which a 100% charge will apply.
Newly built properties:
Newly built properties that are unoccupied and unfurnished will receive a 100% discount for 3 months. After which they will be liable for a full charge.
Unoccupied and unfurnished properties in need of or undergoing major repair work to render them habitable can now claim a 100% discount for a maximum period of 12 months, instead of an exemption. After 12 months a 100% charge applies.
Apply online complete the relevant forms:
* Major repair work to make the property habitable, not in order to upgrade facilities. We look at whether the property was in need of major repair work before the start of the work, rather than as a result of the work. For example, If a property becomes uninhabitable because the bathroom and kitchen have been removed for replacement this would not generally constitute a need for ‘repair’.