Website Cookie Policy

We use cookies to give you the best possible online experience. If you continue, we’ll assume you are happy for your web browser to receive all cookies from our website.
See our cookie policy for more information.

Practice Areas

More Information

thepartners@wrigleys.co.uk

Leeds: 0113 244 6100

Sheffield: 0114 267 5588

FOLLOW WRIGLEYS:

Send us an enquiry
Close

Perpetual affordability - a key aim for community-led housing

21 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

19 Nov 2024

Law Commission review of the Co-operative and Community Benefit Societies Act: what does it mean for charitable community benefit societies?

In this article we take a closer look at the potential impact for charitable community benefit societies.

18 Nov 2024

Deferred payment agreements

Latest statistics released by the NHS Digital indicate that social care deferred payment agreements are on the increase.

15 Nov 2024

Employee Ownership Trusts: Recent Legislative Changes

The UK Government proposes updates to legislation to tighten the Employee Ownership Trust tax regime and ensure EO remains viable and sustainable.