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Perpetual affordability - a key aim for community-led housing

June 2017

We are often asked is how to make housing affordable in perpetuity. There is no easy answer, though this article explores a possible solution.

Consider a community right to build order

This is where a local community group comes together to design and submit a planning application for a development in their local area, which is then voted on in a local referendum.  It puts the control of the development in the hands of the community, and not the local authority. Where the community organisation goes on to also develop the land itself, then the development can only be disposed of, improved and developed in a manner which the organisation considers benefits the local community. 

Another aspect of a community right to build order is that it disapplies certain statutory rights of tenants of long leases.  In particular, it disapplies a tenant's right to buy their freehold and the statutory right given to qualifying tenants to acquire social housing. 

This is a big step on the way to ensuring that housing can be retained by a community group as affordable housing in perpetuity. 

How do groups obtain a community right to build order?

Interested groups who have found an appropriate site should be asking their planning advisor if a community right to build order might suit them.  You can read more about the community right to build here.

Property law points that community-led housing groups ought to be aware of:

Unfair hidden ground rent costs on new builds - We consider the effect on community-led housing groups using leaseholds

Did you know that landlords (incl community housing landlords) are obliged to consult with tenants under 'long term tenancy agreements'?

Receive updates

If you are involved with a community-led housing group and would like to receive our news bulletins and details of events, please send us a quick email here

We will not pass on your details to any third party and you may unsubscribe from the mailing list at any time.

 

If you would like to discuss any aspect of this article further, please contact Emma Ridge on 0113 244 6100.

You can also keep up to date by following Wrigleys Charities and Social Economy team on Twitter here

The information in this article is necessarily of a general nature. Specific advice should be sought for specific situations. If you have any queries or need any legal advice please feel free to contact Wrigleys Solicitors

 

 

Emma Ridge View Biography

Emma Ridge

Partner
Leeds

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