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Implementation of the Housing and Planning Act 2016

Published Wednesday, March 28, 2018

The Housing and Planning Act 2016 (HPA 2016) received Royal Assent on 12 May 2016. This briefing paper outlines progress in implementing the Act's provisions.

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On publication of the Housing and Planning Bill 2015-16 the Government said it would kick-start a "national crusade to get 1 million homes built by 2020" and transform "generation rent into generation buy."

Although it is almost two years since the Bill received Royal Assent on 12 May 2016, many of the Act's provisions are yet to be implemented.

For example, the Housing and Planning Act (HPA) 2016 provides the legislative basis for the Starter Homes Initiative (see the related Library paper for more details) but these provisions are not yet in force. A number of measures are being considered as outlined in the Housing White Paper, Fixing our broken housing market (February 2017). The draft revised NPPF was published for consultation on 5 March 2018 - it contains details on the proposed income restrictions for Starter Homes.

Measures aimed at tackling 'rogue' landlords and agents will come into force on 6 April 2018.

The HPA 2016 contains a number of measures to reform social housing

The mandatory 'pay to stay' policy has been dropped.

The Act does not give assured housing association tenants a statutory Right to Buy their homes but it does provide for local authorities to make annual payments to the Exchequer which will be used to cover the cost of discounts for those tenants who exercise a voluntary Right to Buy. The Secretary of State, Sajid Javid, has confirmed that no higher value asset payments will be required from local authorities in 2018/19

Regulations governing the ending of authorities' ability to offer 'lifetime' secure tenancies are 'being worked on.'

The provisions on Custom and self-build housing have been in force since 31 October 2016 and Regulations aimed at reducing the regulation of housing associations came into force on 16 November 2017.

A number of the Act's planning measures are in force, including those relating to neighbourhood and local planning and permission in principle and local registers of land.  The HPA 2016 allows the Secretary of State to impose restrictions on planning obligations (section 106 agreements) but these measures are not yet in force. The Community Infrastructure Levy Review Team has made some recommendations about how the Government could better use section 106 agreements.

Most of the compulsory purchase measures in Part 7 of the Act are in force. The measures concerning disputes and compensation will come into force on 6 April 2018.

This paper provides an overview of progress in implementing the Act's provisions.

Commons Briefing papers CBP-8229

Authors: Alexander Bellis; Wendy Wilson; Gabrielle Garton Grimwood

Topics: Housing, Housing supply, Owner occupation, Planning, Private rented housing, Social rented housing

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