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Enforcement action

What if I do nothing?

Taking enforcement action is always our last resort. We understand that there is always a reason why a property is empty, or why it hasn’t been regularly maintained. We would rather work with you rather than take enforcement action against you, so please contact us, or respond when we get in touch.  Enforcement action can be avoided by communication.

Empty homes that are left unoccupied and in disrepair are at risk of being broken into by vandals and squatters and over time they will begin to have a negative impact on their surroundings. Neighbouring properties may also be affected.

We aim to assist and support owners and encourage them to bring their properties back into use voluntarily, where possible. However, some properties are left empty for long periods of time and can be poorly maintained which results in negative effects to their neighbourhoods and communities. As a result, the Council has powers to deal with properties which have a detrimental effect on their neighbours and local areas.

Properties will be considered for enforcement action on a case-by-case basis, and where all other options and alternatives to encourage the owner to return their property to use have been exhausted. This may be when:

  • A home has been abandoned; or
  • the owner can’t be traced; or
  • we can’t agree a voluntary solution with the owner.

What enforcement action can the Council take?

We may take enforcement action against the owner of an empty property if the property:

  • Is adversely affecting the amenity of an area
  • Where the property is dangerous or requires boarding up
  • Where the property is likely to become a danger to public health
  • Where a hazard exists at a property that has the potential to result in harm
  • Where the property is attracting pests

Such action may require you carry out remedial works within a specific time period. Any enforcement notices may also incur a charge.

What if I ignore the notice?

  • Criminal Offence: You may be committing a criminal offence by not complying with a notice. If so, we may pursue a prosecution against you, which could result in a criminal record. You may also by fined on conviction by a magistrate (on top of the enforcement fee and court costs). We may carry out the works, specified in the notice, and recharge you. This will include the full cost of the works as well any additional costs and this may be added as a land charge to your property. We may also force the sale of the property in order to recover our expenses.
  • Enforced Sale: Where a local land charge has been made on an empty property (possibly through enforcement action) the council can force the sale of the property to a third party to pay the charge and bring the property back into use.
  • Compulsory Purchase Order: The Council may exercise the right to buy the property without the owner’s consent using compulsory purchase powers.
  • Empty dwelling management order (EDMO):
    • Interim EDMO – if the owner has refused all requests to bring a dwelling back into use or work with us to sell or rent, we will seek approval from the Residential Property Tribunal Service for an Empty Dwelling Management Order. This means that we will take control of the property but may not tenant the property without the owner’s permission. If at this stage the owner still refuses to co-operate in bringing the property back into use, we will apply for a final EDMO.
    • Final EDMO – all properties with a final EDMO will be brought up to the Decent Homes Standard and tenanted. The rent collected will be used to offset the costs incurred by the Council in bringing the property back into use. Any surpluses will be paid to the owner on expiry of the order. A final EDMO lasts for a fixed period of no more than seven years. However, the period can be repeated if costs are still outstanding to us or it is believed that the property will not remain occupied if returned to the owner. With a final EDMO in place, we do not require the consent of the owner to grant occupation rights.
  • Demolition Order: This is when the property is deemed to require disproportionate repair.