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Can the local authorities take our property?

Question

Asked by: J Bancroft

We’re renovating an 1846 farm house – currently vacant – which is taking some time due to the building’s age. Our local authority has, however, intervened, sending a letter to state that no progress has been made and that work needs to be completed asap or it will take the property away from us. We own the house — does it have the power to do this?

Answer

Answered by: David Snell

The answer to this question hinges on whether or not the property is listed. If it is an important building from 1846, then it might well be.

If it is not listed then the local authority, in an area of housing need, does have the right to acquire empty and unused property using its powers of compulsory purchase. But this is a very rarely used power. And if you maintain that you are in the process of renovating the property, then your argument that it has not been abandoned may well be valid.

If the property is listed then other things come into play. If the local authority considers that works need to be done to the property in order to prevent its terminal decay or to make it safe, then it does have the power to require you to carry out those works. If this is the case, it would, however, have to serve notice on you requiring that you carry out the works. If you fail to carry out the works, it does have the power to enter the property and carry out the works itself and then ask you to pay for those works. If you don’t pay, then the local authority does have the right to take over the property.

If it maintains that your works are not proceeding sufficiently and that the result of your tardiness is/will be the deterioration of the property, then it will proceed as if you are not carrying out any works.

But this is all a deliberate and detailed process and your letter seems to indicate that this has all come out of the blue. Are you sure there has been no previous correspondence?

I suggest you contact your solicitor and arrange a meeting with the local authority as soon as possible to establish the precise position and get things on a proper footing with an agreed timetable of works.

 

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