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- Original (As enacted)
Housing and Planning Act 2016 is up to date with all changes known to be in force on or before 27 November 2024. There are changes that may be brought into force at a future date.
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PART 4 Social housing in England
CHAPTER 1 Implementing the right to buy on a voluntary basis
CHAPTER 2 Vacant higher value local authority housing
CHAPTER 5 Insolvency of registered providers of social housing
PART 5 Housing, estate agents and rentcharges: other changes
152.Approval condition where development order grants permission for building
153.Planning applications that may be made directly to Secretary of State
154.Planning freedoms: right for local areas to request alterations to planning system
155.Local planning authorities: information about financial benefits
156.Local planning authorities: information about neighbourhood development plans
Powers for piloting alternative provision of processing services
PART 7 Compulsory purchase etc
Possession following notice to treat etc
186.Extended notice period for taking possession following notice to treat
187.Counter-notice requiring possession to be taken on specified date
188.Agreement to extend notice period for possession following notice to treat
190.Abolition of alternative possession procedure following notice to treat
191.Extended notice period for taking possession following vesting declaration
207.Engagement with public authorities in relation to proposals to dispose of land
208.Duty of public authorities to prepare report of surplus land holdings
210.Reports on improving efficiency and sustainability of buildings owned by local authorities
211.Reports on improving efficiency and sustainability of buildings in military estate
SCHEDULES
Financial penalty for breach of banning order
Banned person may not hold HMO licence etc
3.In section 66 (HMO licence: tests for fitness etc), after...
4.In section 68 (licences: general requirements and duration), in subsection...
6.After section 70 insert— Duty to revoke licence in banning...
8.In section 89 (Part 3 licences: tests for fitness etc),...
9.In section 91 (licences: general requirements and duration), in subsection...
11.After section 93 insert— Duty to revoke licence in banning...
12.(1) Schedule 5 (licences under Parts 2 and 3: procedure...
Management orders following banning order
2.(1) Section 101 (interim and final management orders) is amended...
3.(1) Section 102 (making of interim management orders) is amended...
4.(1) Section 105 (operation of interim management orders) is amended...
5.(1) Section 110 (financial arrangements while order is in force)...
6.In section 112 (revocation of interim management orders), after subsection...
7.(1) Section 113 (making of final management orders) is amended...
8.(1) Section 114 (operation of final management orders) is amended...
9.In section 119 (management schemes and accounts), after subsection (4)...
10.In section 122 (revocation of final management orders), after subsection...
11.In section 129 (termination of management orders: financial arrangements), in...
12.(1) Schedule 6 (management orders: procedure and appeals) is amended...
Reducing social housing regulation
PART 1 Removal of disposal consent requirements
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
Housing and Regeneration Act 2008
7.The Housing and Regeneration Act 2008 is amended as follows....
8.In section 60 (structural overview), in subsection (4), in the...
9.After section 74 insert— Leaving the social housing stock: transfer...
10.(1) Section 75 (leaving the social housing stock) is amended...
11.In section 119 (de-registration: voluntary), in subsection (5), omit paragraph...
12.In section 149 (moratorium: exempted disposals)— (a) omit subsection (6);...
13.In section 171 (power to dispose), in subsection (3), omit...
14.For the italic heading above section 172 substitute— “ Notification...
16.For section 176 substitute— Notification of disposal (1) If a private registered provider disposes of a dwelling...
17.Omit section 179 and the italic heading before it (application...
18.In section 186 (former registered providers), for “to 175” substitute...
20.Omit section 190 (consent to disposals under other legislation).
21.In section 278A (power to nominate for consultation purposes), for...
PART 2 Restructuring and dissolution: removal of consent requirements etc
22.The Housing and Regeneration Act 2008 is amended as follows....
23.In section 115 (profit-making and non-profit organisations), in subsection (9),...
24.For section 160 substitute— Company: arrangements and reconstructions (1) This section applies to a non-profit registered provider which...
25.For section 161 substitute— Company: conversion into registered society (1) This section applies to a non-profit registered provider which...
26.For section 163 substitute— Registered society: restructuring (1) This section applies to a non-profit registered provider which...
27.In section 165 (registered society: dissolution), for subsection (2) substitute—...
29.After section 169 insert— Notification of constitutional changes Registered societies:...
31.Omit sections 211 to 214 and the italic heading before...
Conduct of housing administration: companies
PART 1 Modifications of Schedule B1 to the Insolvency Act 1986
4.Paragraph 40 (dismissal of pending winding-up petition) is to have...
5.Paragraph 42 (moratorium on insolvency proceedings) is to have effect...
6.Paragraph 44 (interim moratorium) is to have effect as if...
7.Paragraph 46(6) (date for notifying administrator's appointment) is to have...
8.Paragraph 49 (administrator's proposals) is to have effect as if—...
10.Paragraph 60 (powers of an administrator) has effect as if...
11.Paragraph 68 (management duties of an administrator) is to have...
12.Paragraph 73(3) (protection for secured or preferential creditor) is to...
13.Paragraph 74 (challenge to administrator's conduct) is to have effect...
14.Paragraph 75(2) (misfeasance) is to have effect as if after...
15.Paragraph 78 (consent to extension of administrator's term of office)...
16.Paragraph 79 (end of administration) is to have effect as...
17.Paragraph 83(3) (notice to registrar when moving to voluntary liquidation)...
18.Paragraph 84 (notice to registrar when moving to dissolution) is...
19.Paragraph 87(2) (resignation of administrator) is to have effect as...
20.Paragraph 89(2) (administrator ceasing to be qualified) is to have...
21.Paragraph 90 (filling vacancy in office of administrator) is to...
22.Paragraph 91 (vacancies in court appointments) is to have effect...
23.Paragraph 98 (discharge from liability on vacation of office) is...
24.Paragraph 99 (charges and liabilities upon vacation of office by...
25.Paragraph 100 (joint and concurrent administrators) is to have effect...
26.Paragraph 101(3) (joint administrators) is to have effect as if...
27.Paragraph 103 (appointment of additional administrators) is to have effect...
28.Paragraph 106(2) (penalties) is to have effect as if paragraphs...
29.Paragraph 109 (references to extended periods) is to have effect...
PART 2 Further modifications of Schedule B1 to Insolvency Act 1986: foreign companies
34.(1) The applicable provisions and Schedule 1 to the Insolvency...
35.Paragraph 41 of Schedule B1 to the Insolvency Act 1986...
36.Paragraph 43(6A) of Schedule B1 to the Insolvency Act 1986...
37.Paragraph 44(7) of Schedule B1 to the Insolvency Act 1986...
38.Paragraph 64 of Schedule B1 to the Insolvency Act 1986...
Amendments to housing moratorium and consequential amendments
1.The Housing and Regeneration Act 2008 is amended as follows....
3.For section 145 substitute— Moratorium A moratorium on the disposal of land by a private...
4.(1) Section 146 (duration of moratorium) is amended as follows....
5.(1) Section 147 (further moratorium) is amended as follows.
6.In section 154 (proposals: effect), in subsection (2), after paragraph...
8.Omit section 164 (consent to registered society winding up).
9.In section 275 (general interpretation), omit the definition of “working...
10.In section 276 (index of defined terms), omit the entry...
Secure tenancies etc: phasing out of tenancies for life
3.For the italic heading before section 79 substitute— “ Secure...
4.After section 81 insert— Grant of new secure tenancies in...
5.In section 82 (security of tenure), in subsection (3), for...
6.After section 82 insert— “ Orders for possession and expiry...
8.In section 83 (proceedings for possession or termination: general notice...
9.In section 84 (grounds and orders for possession), in subsection...
10.(1) Section 86 (periodic tenancy arising on termination of fixed...
11.After section 86 insert— English secure tenancies: review, renewal and...
12.(1) Section 97 (tenant's improvements require consent) is amended as...
13.(1) Section 99A (right to compensation for improvements) is amended...
15.After section 115A insert— Meaning of “flexible tenancy” (1) For the purposes of this Act, a flexible tenancy...
16.(1) Section 117 (index of defined expressions) is amended as...
17.(1) Schedule 1 (tenancies which are not secure tenancies) is...
20.(1) Section 124 (introductory tenancies) is amended as follows.
21.After section 124 insert— New introductory tenancies in England: overall...
22.(1) Section 125A (extension of trial period by 6 months)...
23.In section 128 (notice of proceedings for possession), in subsection...
24.In section 137A (introductory tenancies that are to become flexible...
25.In section 143A (demoted tenancies), in subsection (1), omit “periodic”....
26.In section 143E (notice of proceedings for possession), for subsection...
27.(1) Section 143MA (demoted tenancies that are to become flexible...
28.After section 143MA insert— Default flexible tenancies when no notice...
Savings for flexible tenancies with only 9 months left to run
Succession to secure tenancies and related tenancies
7.Before section 131 (but after the italic heading) insert— Persons...
8.(1) Section 131 (persons qualified to succeed tenant) is amended...
9.(1) Section 133 (succession to introductory tenancy) is amended as...
10.Before section 143H (but after the italic heading) insert— Persons...
11.(1) Section 143H (succession to demoted tenancy) is amended as...
12.In section 143I (no successor tenant: termination), after “section” insert...
13.(1) Section 143J of the Housing Act 1996 (demoted tenancies:...
Financial penalty as alternative to prosecution under Housing Act 2004
2.In section 30 (offence of failing to comply with improvement...
3.In section 72 (offences in relation to licensing of HMOs),...
4.In section 95 (offences in relation to licensing of houses...
5.In section 139 (overcrowding notices), after subsection (9) insert—
6.In section 234 (management regulations in respect of HMOs), after...
7.After section 249 insert— Financial penalties as alternative to prosecution...
8.After Schedule 13 insert— SCHEDULE 13A Financial penalties under section...
Enfranchisement and extension of long leaseholds: calculations
Permission in principle for development of land: minor and consequential amendments
Town and Country Planning Act 1990 (c. 8)
2.In section 2A (the Mayor of London: applications of potential...
3.In the heading before section 61W, after “planning permission” insert...
4.In section 61W (requirement to carry out pre-application consultation), in...
6.In section 61Y (power to make supplementary provision), in subsection...
7.In the heading before section 62, after “planning permission” insert...
8.(1) Section 62 (applications for planning permission) is amended as...
9.In section 65 (notice etc of applications for planning permission),...
10.In section 69 (register of applications etc), after paragraph (a)...
11.(1) Section 70 (determination of applications: general considerations) is amended...
12.(1) Section 70A (power to decline to determine subsequent application)...
13.(1) Section 70B (power to decline to determine overlapping application)...
14.In section 70C (power to decline to determine retrospective application),...
15.In section 71 (consultation in connection with determinations under section...
16.In section 71A (assessment of environmental effects), in subsection (1),...
17.(1) Section 74 (directions etc as to method of dealing...
18.In section 76C (provisions applying to applications made under section...
19.In section 76D (deciding applications made under section 62A), in...
20.(1) Section 77 (references of applications to Secretary of State)...
21.In section 78 (right of appeal against planning decisions and...
22.(1) Section 78A (appeal made: functions of local planning authorities)...
23.(1) Section 79 (determination of appeals) is amended as follows....
24.In the heading before section 97, after “planning permission” insert...
25.(1) Section 97 (power to revoke or modify planning permission)...
26.In section 99 (procedure for section 97 orders: unopposed cases),...
28.(1) Section 107 (compensation where planning permission revoked or modified)...
29.(1) Section 108 (compensation for refusal or conditional grant of...
30.In section 109 (apportionment of compensation for depreciation), in the...
31.In section 284 (validity of development plans and certain orders,...
32.In section 286 (challenges to validity on ground of authority's...
33.In section 293 (application to Crown: definitions), in subsection (2A),...
34.(1) Section 293A (urgent Crown development: application) is amended as...
35.(1) Section 298A (application for planning permission by Crown) is...
36.In section 303 (fees for planning applications etc), in subsection...
37.In section 316 (land of interested planning authorities and development...
38.In section 322B (local inquiries in London: special provision as...
39.In section 332 (combined applications), in subsection (1)(a), after “planning...
40.(1) In section 336 (interpretation), subsection (1) is amended as...
41.(1) Schedule 1 (local planning authorities: distribution of functions) is...
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
Notice of general vesting declaration procedure
Abolition of alternative possession procedure following notice to treat
Objection to division of land following vesting declaration
PART 1 Amendments to Compulsory Purchase (Vesting Declarations) Act 1981
1.The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as...
2.In section 4 (execution of declaration), for subsection (3), substitute—...
3.In section 7 (constructive notice to treat), for subsection (1)...
5.In section 12 (divided land), for “Schedule 1” substitute “...
6.Before Schedule 1 insert— SCHEDULE A1 Counter-notice requiring purchase of...
7.In Schedule 1 (divided land) omit Part 1 (buildings and...
8.In Schedule 2 (vesting of land in urban development corporation),...
Amendments to do with sections 203 and 204
Authorities specified for purposes of section 210
5.An economic prosperity board established under section 88 of the...
6.A combined authority established under section 103 of the Local...
9.A sub-national transport body established under section 102E of the...
11.An authority established under section 10 of the Local Government...
12.A joint authority established under Part 4 of the Local...
14.A National Park authority for a National Park in England....
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