Section 157 Agreement of the 1985 Housing Act

Posted on March 29, 2022 · Posted in Uncategorized

1. Where a transfer or grant is made by an F1 local authority in accordance with this Part. . or a housing association (“the owner”) of a residential building in – An application for consent to the lifting of the restriction under section 157 of the Housing Act 1985 (formerly section 19 of the Housing Act 1980) may be made by the seller. The Council shall endeavour to respond to requests submitted with the correct form and supporting documents within ten working days of receipt. The objective of this policy is to ensure that local people continue to have access to housing that remains affordable and meets local needs. Yes. The rules are set out in sections 157 to 162 of the Housing Act 1985. If you are selling a property with a section 157 restriction, you must inform your real estate agent of the restriction. Your agent must include information about the section 157 restriction so that the property can be marketed accordingly. This reduces the risk of a sale failing because the buyer does not meet the qualification criteria. Restrictions under section 157 of the Housing Act 1985 on residential properties in Areas of Outstanding Natural Beauty (AONB) in South Oxfordshire.

From time to time, you may find a restriction regarding section 157 of the Housing Act 1985 in a register of titles. What does this mean and what should you do about it? These guidelines relate to restrictions on certain former parish halls in the Borough of West Devon. This is called a contract or restriction in a rural area, or sometimes a restriction under section 157. the transfer or grant [F3 (subject to section 156A(8)] contains an agreement that restricts the tenant`s freedom (including any person with title and any person to derive ownership under him or such successor) to dispose of the residential complex in the manner set out below. [F11(6A)Any reference in the preceding provisions of this section to a sale by way of lease or licence shall not include a reference to a relevant sale or an exempt sale.] All former community houses sold by South Oxfordshire District Council under the Right to Purchase Act in North Wessex Downs AONB and Chilterns AONB contain a restrictive agreement under section 19 of the Housing Act 1980 or section 157 of the Housing Act 1985. Applications should only be made to Council if the former municipal building in question was sold by Council prior to the large-scale transfer to Soha Housing on 7 July 1997. After this date, the properties were sold by Soha Housing and all requests must be emailed directly to a section 157 restriction affects the value of a property, so it is important to consider this when buying a property subject to such a restriction. Inquiries should be made to the board and seller of the property, and the local planning portal should be reviewed to see which section 157 class the property belongs to.

(6) A sale in contravention of such an agreement, as referred to in subsection (1), is void [F10 and, to the extent that it relates to lease or licence assignments, such an agreement may be executed by the lessor as if: – (b) an area designated as an Area of Outstanding Natural Beauty under [Section 82 of the Campaign and Rights of Way Act 2000], or the condition is that potential buyers of former Council properties must comply with section 157 of the Housing Act 1985 as they must have lived and/or worked in Devon for three years immediately prior to purchase. (7) If such an agreement imposes the restriction referred to in subsection (2), the restriction is a local base tax and the Chief Land Registrar shall register [restriction F12a in the land register reflecting the restriction]. [F5(a)], there will be no relevant provision that is not an exempt provision without the written consent of the landlord; however, such consent may not be refused if the disposition is made to a person who fulfils the condition referred to in paragraph 3 [F6et — Registered ownership of immovable property contains a restriction on disposition in the property register. This means that without the written consent of South Oxfordshire District Council, an owner is not able to dispose of an old parish hall in the AONBs and the disposition cannot be registered with the Land Register. Yes, and only one person must meet the eligibility requirements. However, the house must be provided either in the common name (including the name of the eligible person) or only in the name of the eligible person. . It is likely that the restriction will reduce the value of the property. The restriction would have been taken into account in the price paid at the first sale of the property and the original buyer and all subsequent buyers would have been fully aware of the restriction when buying the property.

Although these transactions are exempt, some form of consent is usually still required from Hm`s land registry. To obtain consent in these circumstances, please contact sometimes referred to as the Devon Rule or the Devon Alliance. (3) The condition is that the person to whom the order is addressed (or, if it is made to more than one person, at least one of them) during the three-year period immediately preceding the request for consent [F7 or, in the case of a sale by lease or licence, before the sale] — If you need assistance with the restrictions set out in section 157, Do not hesitate to contact a member of the development team of our Housing and Regeneration department. . Make sure your real estate agent includes restricting rural areas in the details of the property – to reduce the risk of a sale failing because the board doesn`t give consent. Ask your lawyer to review your files early to see what restrictions may apply. (a)the owner owned land next to the house in question; and in the case of a hereditary right to build, it is really a matter for the housing corporation as the owner of the property, and the request for consent should be addressed primarily to them. However, the restriction on the land registry will be specifically in the name of the Council, and the registry will also insist on the express consent of the Council. In practice, if the housing corporation accepts the transfer of a hereditary building right, the Council will consent to it ex officio.

. To request your consent, please complete this electronic form. You will need to scan and upload the following documents: Potential buyers must have lived (i.e. had their principal residence) and/or worked in Devon during the three years immediately preceding the date of the proposed purchase of the property. If these conditions are met, the Council must give its consent. F4Words en s. 157(2) omitted (18.1.2005) under the Housing Act 2004 (c. 34), art. 188(2)(b)(5)(6), 270 and the said words repealed (6.4.2006 (E.) and 16.6.2006 (W.)) by the Housing Act, 2004 (c. 34), ss.

266, 270(4)(5), sch. 16; S.I. 2006/1060, art. 2(1)(e)(v); S.I. 2006/1535, art. 2 (c) (v) Some of the former West Devon Town Halls may only be transferred with the consent of the Council. This will only be agreed if the property is transferred to someone who has lived and/or worked in Devon in the last three years. If consent is not obtained, the land registry will not record the transaction and the sale will be void. Houses purchased by West Devon Borough Council before 22 February 1999 as part of the Right to Buy programme.

For homes sold after these dates, please contact LiveWest. If the restriction is still in effect, Council must accept the sale in writing if the person buying the property has lived or worked in the area for a period of three years immediately before requesting the purchase of the property. § 157 Real estate is limited to use as a principal residence and not as a secondary or holiday residence. If property is acquired without the necessary consent of the Council, a sale in breach of such an agreement will be considered null and void. It is therefore imperative in real estate transactions that all the restrictions provided for in Article 157 be set at the beginning of the case so that the necessary certificate of conformity can be obtained from the Council to comply with the restriction. F12Words to Article 157(7) replaced (13.10.2003) until 2002 c. 9, ss. 133, 136, paragraph 2, sch.

11, paragraph 18, paragraph 4 (see p. 129); ==References==2003/1725, art. 2 The Housing Act (art. 157) or S157 notices are restrictive agreements entered into on properties in designated rural areas of Teignbridge purchased by the Commission under the Right to Purchase program. Any rental or leasing of properties subject to the agreement must also be made to tenants who have lived and/or worked in Devon in the last three years. F1Words repealed at p. 157(1) (1.10.1998) until 1998 c. 38, p. 152, Sch. 18 Pt. IV (with articles 137(1), 139(2), 141(1), 143(2)); S.I.

1998/2244, art. 4.b)the agreement was concluded for the benefit of that neighbouring country]. C1S. 157 paragraph 1 excluded (8.5.2017) by the Greater Manchester Combined Authority (transfer of police and criminal investigation functions to the Mayor) Ordinance 2017 (S.I. 2017/470), art. 1 para. 2, Sch. 2 para. 9 To seek council`s consent, council requires: For each sale or lease of property to which the restriction applies, you must obtain the council`s written consent to sell. If you do not do so, the land registry will not record the transaction and the sale will be invalid. .