Rebuilding Social Housing; A Proposal to Reform The Self-build and Custom Housebuilding Act 2015
Current social and economical position
The work of any housing lawyer is to plaster the corners of a large crumbling and dilapidated building; the English institution of social housing. The most fitting architecture for the current circumstance would be that of a high rise tower block. Its interior overcrowded, its security systems in need of rewiring, its fire systems in need of reinstallation, its heating inefficient, but most importantly, its inhabitants long ignored.
No exterior mineral cladding can resolve the internal issues facing Local Authorities across the country. Shares in social housing decrease as private banks lure councils with attractive packages; the LOBO loans with no fixed repayment date and no fixed interest rate.
One could say the losses are becoming publicised and the profits are becoming privatised, ‘a financial crisis, this time in local authority and housing finance..people at the bottom suffer.’ As the single parent mum in London coughs up the bill for living in a small damp flat with soaring rent prices. This may not be Blake’s London, but the streets are certainly chartered for real estate. Since Thatcher’s government created a loosening of regulations under a free market drive, house prices have been rising and Britain’s housing crisis expanding. Property became a means to store wealth as opposed to an essential human right. When a basic need is denied the weakest in society are tested and the current economical conditions are affecting more people than it would seem.
In London a con den bleu chef working at a top London restaurant goes home to sleep in a freezing boat house with no running water or running electricity, save from what drips out of the generator; all in attempt to avoid paying the extortionate London rent rates. Perhaps the young workers who took this choice drifted into the cold waters of compromise, in order to create a viable situation. But why should those who want to work in London be punished with unreasonable rents, when they form the life blood of the city.
The groups with a government priority like women fleeing domestic abuse find themselves in the temporary shelter of Localism Act; expected to pay around 65% of their earnings on rent. Under new welfare laws single parents are expected to return to work when their youngest child is three. Childcare, travel, and bills will make it very difficult for low wage earners to live in the capital. The Localism Act 2012 is the first part of a two step government plan to put low-wage earners outside the Capital. Indeed the earth is wide and Sunderland, Greenwich, and Essex are all places that could house the growing waiting lists for social housing. Even if certain groups move out of the capital there is still a need to build houses.
Property developers working with councils are not obliged to release their profit figures. Under current laws they are able to turn away contracts that are not lucrative. The current housing crisis stems from political and economic conditions, not just a shortage in houses.
On one side of the debate, high rise flats obstructing a view of Canary Wharf in gentrifying locations is irritating at least. The fast changing social and economic landscape in London creates the need for a number of reforms that will renovate and improve the high rise tower block of social housing in Modern Britain. The juxtaposition of luxury apartments and grey tower blocks lends to more than a trite, ‘rich poor divide statement’. Rather it opens the door to explore creative solutions which meet the needs of wider social housing policies.
In order to address housing as a human right and not as a source of profit, reforms could work together to create the right set of circumstances. Brexit provides an ideal opportunity for this to occur. In the wake of Brexit there is ample opportunity for economic growth, especially in the timbre industry.
Brexit has created number of opportunities for UK forestry. Firstly, there is potential for stricter regulation of plant movement and this will result in the reduction of plant pests and disease; the forestry industry is expected to see an increase in profits over the next few years as demand for UK timber is set to rise.
The relationship between UK’s need for timber and conservation of forests is a fundamental starting point for a revised environmental policy that favours of economic growth. It is a post Brexit reality that existing environmental laws coexist with a political-economist agenda. Any future economical revisions related to the supply of timber for domestic businesses would be influenced by a number of key factors; the UK’s trading relationship with the EU post Brexit… UK agricultural policy, and the UK’s obligations under international agreements. In addition to cheaper timber from UK forests the current laws that foster self-build projects can make building a home easier.
Current Statutory Position
The Self-build and Custom Housebuilding Act 2015 is a significant reform in Housing law and is the legal foundation to build affordable houses. The Brownfield register scheme means that local councils are required to register plots of land that were previously used for industrial purposes. As councils across the country sign for brownfield registers the scaffolding for a new social housing structure is raised. The roof is ready as self-build firms offer a range of ‘flat pack’ or bespoke homes. Now the self-build build home is a near reality for aspiring homeowners; but the land registry is fundamental for the next step.
The land registry’s role is to, ‘draw a careful balance between the interests of different parties’.
When a potential applicant lodges an interest for registration in the the land registry there is a priority period. In the priority period:
“Entries made in the register during the priority period are postponed to the disposition in respect of which the priority search has been made, provided the application for registration of that disposition is lodged within the priority period.”
The priority period needs to be extended in order to avoid bad laws that would reduce, ‘outcomes which are not just or desirable’. The most important reform for the land registry would be to have a transparent and clear pathway for those registering an application. There must be a live system to differentiate the needs and demands of each query, in order for land to bought and developed with ease. Self build applicants should to be given priority, given the current housing need. Furthermore the priority period should be extended for self build applicants. This will create greater ease for individuals to build homes. The reform will also help to shape a system that is based on the best use of the land to meet wider social housing policy needs.
Proposed Reform for The Self-build and Custom Housebuilding Act 2015
The Self-build and Custom Housebuilding Act 2015 lists a number of authorities which are required to register land, for self build purposes.
S2(2)
(2) The authorities referred to in subsection (1) are—
(a) county councils in England;
(b) district councils;
(c) London borough councils;
(d) the Common Council of the City of London (in its capacity as a local
authority);
(e) the Sub-Treasurer of the Inner Temple (in that person’s capacity as a
local authority);
(f) the Under-Treasurer of the Middle Temple (in that person’s capacity as
a local authority);
(g) the Council of the Isles of Scilly;
(h) the Broads Authority;
(i) National Park authorities in England;
(j) such other public authorities, or descriptions of public authority, as
may be specified.
A reform to include the Land registry in this list will increase the searching powers for individuals applying for self build projects. The current reform will serve to protect individuals from the ambiguity present in the current priority period. It will also create greater priority for individuals who aspire to purchase land, to build their homes. This reform will create more options available for the British Public, it will also open more avenues that can be reviewed in the future. For example, the organisation that sells government land, the Housing and Communities Agency’s legal documents forbids land to be sold for self build purposes.
In sum, the proposed reform aims to increase the ‘public authorities’ listed in The Self-build and Custom Housebuilding Act 2015. Thus creating different connections with existing bodies and creating greater priority for members of the British public, who are looking to build their own homes. With the reformed self build act, the foundations have been raised, the walls have been determined, the roof is ready to shelter, and the interior is ready for furnishing.
A view of London’s skyline on a late summer’s afternoon; in the far horizon the grey tower blocks of yore remain, a remnant of an age that will soon disappear. Further to the periphery is the fast emerging skyline of eco friendly self build homes: the red sun’s rays sink slowly into the black gold solar panels plates; the land is Brownfield and the grass is growing greener.
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