Agenda item

The emerging policy has been developed to reduce duplication of effort by different service areas of the Council in their work on empty properties and to take advantage of changes to the statutory tools available to the Council to deal with nuisance empty properties.

The Team Manager for Enabling & Development introduced this report to the Panel. She explained that the current empty homes policy was adopted in July 2013 and that it focussed on properties that had been empty for 2 years or more. She said that since the empty property policy was adopted 317 properties have been brought back into use (target 35 properties p/a).

She stated that the emerging policy has been developed to reduce duplication of effort by different service areas of the Council in their work on empty properties and to take advantage of changes to the statutory tools available to the Council to deal with nuisance empty properties. She said that the significant changes include the proactive involvement of the Empty Property Officer on homes empty from 6 months, more effective sharing of data, a stronger approach to fraud identification and a new approach to prioritising properties for targeted action.

She briefly spoke of the use of Community Protection Notices and formal Warning Letters to force engagement with the owners of nuisance empty properties. She explained that this option for enforcement action was introduced in the Anti-Social Behaviour Crime and Policing Act 2014 to help address nuisance that is having a significantly detrimental effect on the community.

She said that the new processes for close cross-service working, primarily with Council Tax will prevent the duplication of work and maximize income generation. She added that by aligning the work of the Empty Property Officer with the work of Council Tax Enforcement Officers we can maximize the New Homes Bonus return, identify and investigate Council Tax fraud (wrongful claim of Single Persons Discount and non-payment of the Empty Property Premium) and ensure correct and consistent data on empty properties is being recorded and reported.

She informed the Panel that the new Empty Residential Property Policy would be subject to a Single Member Decision after 14th March 2018.

Councillor Lisa O’Brien asked if any type of properties were exempt from paying the Empty Property Premium.

The Team Manager for Enabling & Development replied that empty properties of residents that have entered nursing care and those owned by the Church were exempt, as well as other exemptions as detailed on the Council’s web site: http://www.bathnes.gov.uk/services/council-tax-benefits-and-grants/council-tax/discounts-and-exemptions/council-tax-exemptions

Councillor Lisa O’Brien asked why there was a waiting time of two years before the increase in Council Tax to 150%.

The Team Manager for Enabling & Development replied that this was due to Government legislation.

Councillor Lisa O’Brien commented that she would like to see similar work that would tackle empty non-residential properties such as the old King Edward’s School site in Broad Street.

Councillor Colin Blackburn asked what % of the 153 Empty Property Officer’s ‘Active cases’ list of properties empty for more than 2 years were owned by B&NES and were flats above shops.

The Team Manager for Enabling & Development replied that she would have to research that answer and respond to the Panel in due course.

Councillor Liz Richardson commented that she felt that the second paragraph of the introduction to the Policy was too Bath specific. She said that it was important to engage with elderly people and their families as it can be a difficult scenario to discuss.

The Team Manager for Enabling & Development acknowledged this point and said that they see their role as helping to provide solutions and therefore not working in isolation of other services.

Councillor Liz Richardson agreed with the comments made by Councillor O’Brien and said that she thought this work could act as a template for expanding into other areas of the Council, including commercial properties.

Councillor Paul Myers replied that a similar thought had occurred to him, but that a balance would need to be found to evaluate the time that officers may spend on a case versus its possible successful outcome. He said that he would consider the matter further and report back to the Panel at a future date.

The Panel RESOLVED to note and support the changes to the Council’s Empty Residential Property Policy.