Housing Act 1985

32 Power to dispose of land held for purposes of this Part. E+W

(1) Without prejudice to the provisions of Part V (the right to buy) F1 . . ., a local authority have power by this section, and not otherwise, to dispose of land held by them for the purposes of this Part.

(2) A disposal under this section may be effected in any manner but, subject to [F2 subsections (3) and (3A)], shall not be made without the consent of the Secretary of State.

(3) No consent is required for the letting of land under a secure tenancy [F3 or an introductory tenancy]or under what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 (tenancies, other than long leases [F3 and introductory tenancies], which are not secure).

[F4 (3A) No consent is required for the letting of land (in Wales) under—

(a) a secure contract,

(b) a supported standard contract,

(c) an introductory standard contract, or

(d) a standard contract—

(i) in relation to which the exception in section 11(2) of the Renting Homes (Wales) Act 2016 (anaw 1) applies (first exception to requirement that contract made by a community landlord is a secure contract), and

(ii) which is within any of paragraphs 4 and 6 to 14 of Schedule 3 to that Act (occupation contracts made with or adopted by community landlords which may be standard contracts).]

(4) For the purposes of this section the grant of an option to purchase the freehold of, or any other interest in, land is a disposal and a consent given to such a disposal extends to a disposal made in pursuance of the option.

(5) Sections 128 to 132 of the M1 Lands Clauses Consolidation Act 1845 (which require surplus land first to be offered to the original owner and to adjoining land-owners) do not apply to the sale by a local authority of land held by them for the purposes of this Part.

[F5 (6) The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.]

Textual Amendments

F1 Words in s. 32(1) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. IX; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F2 Words in s. 32(2) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(5)(a) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F3 Words in s. 33(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(d)

F4 S. 32(3A) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(5)(b) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F5 S. 32(6) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 12

Modifications etc. (not altering text)

C1 S. 32 extended (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 1(2)(a) (with ss. 56(6), 94(2), 95); S.I. 1993/2134, arts. 2, 5(a).

C2 S. 32(2) excluded by Local Government Act 1988 (c. 9, SIF 81:1), s. 26(5)(c)

C3 S. 32(4) applied by Housing Act 1988 (c. 50, SIF 61), s. 133(4)

Marginal Citations

M1 1845 c. 18.