3.1 What is a long-term empty property?
In explaining and shaping the work of this strategy, it is useful to understand what a long-term empty home is. Conversely it is useful to understand what buildings will normally fall outside of this strategy.
Different statutory provisions use different criteria for what constitutes a long-term empty home. This can range from 6 months to 2 years empty.
It is our experience that those properties which have been unoccupied for shorter periods of time, for example up to 2 years empty, are more likely to be subject to a variety of ‘churn’ and ongoing or delayed efforts to bring them back into beneficial use. Also, they are less likely to have deteriorated and be causing significant distress or nuisance to communities.
Properties which have been empty and unoccupied for 2 years or more are at risk of remaining empty for long periods of time. This increases the likelihood they will impact our communities with disrepair, overgrown gardens, rubbish, vermin and ASB.
Therefore, while the council has the power to deal with some empty homes from 6 months empty, to prioritise work under this strategy and to enable accurate and meaningful reporting, properties which have been empty for 2 years or more will be considered long term empty under this strategy.
Definition: for the proposes of this strategy, a long-term empty home is a residential premises which has not been occupied for 2 years or more.
A ‘residential premises’ is any dwelling, house or flat which is rated for Council Tax purposes. The residential element of mixed-use buildings are within the scope of this strategy i.e. a long-term empty flat over a shop.
This definition focuses on the use and occupation of the building. It is applied irrespective of the property’s current Council Tax status or other factors including whether the property is furnished.
Therefore, this definition incorporates a wide range of unoccupied residential premises which includes what might be termed ‘hidden’ empty homes, such as
- unoccupied buildings categorised as second homes for Council Tax purposes
- ‘sham’ second homes
- residential premises delisted from the Council Tax register
- homes where the former occupant has died, and
- houses empty as the occupant has moved into long term care
Definition: for the proposes of this strategy, a long-term empty home can include a ‘sham’ second home. This is a residential premises which the owner states is a second home for council tax purposes, but it is not occupied for any period.
3.2 What isn’t a long-term empty home?
The following is a list of residential and other buildings which will normally fall outside of the scope of this strategy:
Properties used and occupied for short periods as commercial holiday lets including Airbnb.
Definition: for the purposes of this strategy, a holiday let is any dwelling normally occupied for short periods of time on a commercial basis.
For the purposes of Council Tax, a holiday let is valued for Business Rates if:
- in the last 12 months the property has been available to let commercially for short periods of at least 140 nights; and
- the property will be available to let commercially for short periods of at least 140 nights in the next 12 months; and
- in the last 12 months the property has actually been let commercially as self-catering accommodation for short periods of 70 nights or more
Genuine second homes, used by their owners and others from time to time.
Definition: for the purposes of this strategy, a second home is any furnished dwelling which is not a person’s main residence but is occupied from ‘time to time’. There is no minimum period that a second home must be occupied. However, under the terms of this strategy, to be a genuine second home, it must be occupied for at least some periods of time.
For Council Tax purposes, a property is a second home when it is substantially furnished, and nobody uses it as their only or main home. The Council Tax definition focusses on the furnishing of the property, not its use or occupation. Under the Council Tax provisions, there is no minimum period that a second home must be occupied.
Note: There is a distinction to be made between what could be termed a genuine second home, used periodically by its owners, which falls outside of this strategy and an empty, unused ‘second home’, which is never occupied and is ‘in scope’ for the purposes of this strategy.
Empty buildings used for non-domestic purposes, in other words commercial property such as long-term empty offices and shops.
Homes which have been unoccupied for less than 2 years. In some circumstances the Council has the legal power to deal with properties which have been empty and unoccupied for at least 6 months. While the Council may want to use its discretion to act upon empty homes which have been unoccupied for between 6 months and 2 years, this strategy will focus action and reporting on homes which have been empty and unoccupied for at least 2 years.
Homes unoccupied following the death of the occupant and a clear and active plan to obtain probate or letters of administration are in place.
Homes unoccupied due to the occupant receiving or providing care elsewhere and the occupant is likely to return to live at the property in the near future.
3.3 Why are homes left long-term empty?
Homes are left long-term empty for wide variety of reasons. Understanding the background for a dwellings lack of use, enables officers to better target their response. However, in a significant minority of cases, despite reasonable investigation, the full reasons for a properties empty status can still be unclear or difficult to understand. In some cases, it may include one or several of the below factors.
- financial - many homes are left vacant due to financial constraints, whether it's a lack of funds for repairs or renovations, or owners choosing to leave properties empty as part of an investment strategy (e.g., "buy-to-leave"). Listed Buildings are at high risk of abandonment, due to the high repair costs and perceived planning constraints
- inheritance and probate- the death of a property owner can lead to delays in transferring ownership due to probate processes and the need to determine beneficiaries. Sometimes next of kin are not clearly identifiable. We also recognise that some beneficiaries find it very difficult to progress with the estate of the deceased. This can be due to family disagreements and emotional connections to the property and its possessions
- care - properties can become empty when owners move into hospital, nursing homes, or other care facilities. Some owners lack the capacity to make decisions about how their home and other assets are dealt with
- abandoned second homes and sham second homes- second homes, particularly in some of our areas with high tourist demand, can become abandoned by the owner. This can happen as owners needs change. These second homes are never used and there is no intention to do so. Sham second homes are sometimes created by owners to circumvent the Council Tax premiums
- investment strategies - some individuals may purchase properties with no intention of living in them or renting them, but instead, hold them for future sale with the hope of profit
- delays in planning and development - renovation projects, property conversions and even new-build homes can be left empty for various reasons, including delays due to planning permissions, construction issues and/or finances
- lack of urgency or knowledge - some owners may procrastinate on renovating or upgrading a property, while others may lack the knowledge or expertise to effectively manage the process
- lack of vision - owners might not fully recognise the potential of their property, whether it's to provide housing or generate capital or a regular income
3.4 Counting long term empty homes
Accurately counting the number of long-term empty homes, both nationally and locally is complex. Council Tax data of long-term empty homes is only one source of information. As empty and unoccupied homes can extend across more than one Council Tax category, the true number of long-term empty homes is the sum of a combination of several different data sources.
