Conwy Council aims to work with property owners to bring empty homes back into use. In most cases, this is achieved through advice, guidance and support. However, where owners do not engage, or where a property is causing nuisance, deterioration, or harm to neighbouring properties or the wider area, the Council may take formal enforcement action.
We have a range of legal powers to address these issues depending on the circumstances. We have a duty to act in a proportionate and appropriate way. The powers may be applied by different Council services depending on the circumstances.
Legal options available
Empty Dwelling Management Orders (Housing Act 2004)An Empty Dwelling Management Order (EDMO) allows the Council to step in and take over the management of a long-term empty property where it has been vacant for at least two years and is causing concern.
EDMOs are intended to bring properties back into use where owners are unwilling or unable to do so themselves. Before making an order, the Council must show that reasonable steps have been taken to encourage the owner to reoccupy the property.
If an EDMO is approved by an independent Property Tribunal, the Council (or an appointed managing agent) can:
- carry out works needed to make the property suitable for occupation
- arrange for tenants to live in the property
- collect rent to recover the costs of works and ongoing management
Ownership of the property does not change. Any surplus rental income, after costs have been recovered, is returned to the owner. EDMOs are time-limited but may be extended where necessary.
Enforced Sale (Law of Property Act 1925)
The Council can recover its debts secured against a property by forcing its sale.
This power is usually used where the Council has had to carry out works to secure or repair a property, or where debts such as council tax or other charges remain unpaid. These costs can be registered as a legal charge against the property recorded at H M Land Registry.
Once a charge is in place, the Council can sell the property and use the money to clear outstanding debt, or costs, with interest. Any remaining balance will be returned to the owner.
Enforced sale is generally considered where other attempts to recover debt, or work with the owner have not been successful.
Compulsory Purchase Orders (Housing Act 1985 / Town and Country Planning Act 1990)
A Compulsory Purchase Order (CPO) allows the Council to acquire a property without the owner’s consent to bring it back into use.
This is normally a last resort when a property has been empty for a long time, is in poor condition, and there is no realistic prospect of the owner taking action.
To get a CPO, the Council must show that:
- reasonable efforts have been made to encourage the owner to bring the property back into use
- there is a clear public benefit, such as providing housing or improving the local area
- the action is justified and proportionate
If approved, ownership of the property transfers to the Council. Compensation for the owner is set out under the law. The property will be brought back into residential use, either directly by the Council or through a subsequent sale/transfer.
Several Acts of Parliament provide powers for Local Authorities to tackle poor property condition and appearance
- Town and Country Planning Act 1990 (Section 215) – used where the condition of land or buildings adversely affects the appearance of an area
- Building Act 1984 (Sections 76–79) – used to address defective, dilapidated or neglected buildings and sites
- Building Act 1984 (Section 77) – used where buildings or structures are considered dangerous
- Statutory nuisance (Environmental Protection Act 1990) - Allows the Council to take action where a property is causing a nuisance, such as waste accumulation, damp, odours or other harmful conditions affecting neighbouring properties.
- Housing standards (Housing Act 2004) - The law sets out Health and Safety standards for residential properties. The Council can require owners to carry out works to meet the standards.
- Pest control (Prevention of Damage by Pests Act 1949) - Provides powers to require owners or occupiers to deal with infestations of rats or mice and prevent further problems
- Securing empty properties (Local Government (Miscellaneous Provisions) Act 1982) - Where a property is unsecured and at risk of vandalism, squatting or fire, the Council can require the owner to secure it, or carry out work and recover the costs.
Additional powers
Under the Housing Act 2004, the Council may also:
- enter and inspect properties (with appropriate notice)
- require information about ownership or occupation
- serve improvement or hazard awareness notices
- carry out emergency works and recover costs
- restrict the use of unsafe properties
Our approach
We will always aim to work with property owners first and provide opportunities to resolve issues voluntarily. Only where this is not successful, will we consider further action depending on:
- the condition of the property and its impact on the local area
- the level of risk or nuisance being caused
- the owner’s willingness to work with the Council
- whether the proposed action is reasonable and proportionate
- the resources required to take the case forward
To report a nuisance property, complete our online form.
For further information on Enforcement options, see page 46 of Welsh Government Handbook on Empty Properties in Wales (www.gov.wales)
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