Section 3 — Housing and Planning Act 2016: Power to require payments or discounts on resale (subject to tapering) etc

Power to require payments or discounts on resale (subject to tapering) etc 3 1 The restrictions on sale that may be specified by regulations under section 2(1)(e) in relation to a dwelling that has been sold to a qualifying first-time buyer include, in particular, restrictions —

a requiring a person who sells the dwelling within a specified period to make a payment to a specified person in respect of the starter homes discount, or b prohibiting a person from selling the dwelling within a specified period unless the dwelling is sold to a qualifying first-time buyer at a discount.

2 Regulations made by virtue of subsection (1) must—

a set out how the amount of the payment or discount is to be determined, and b provide for reductions in the amount of the payment or discount according to the length of time since the dwelling was first sold to a qualifying first-time buyer.

3 The person specified in regulations under subsection (1)(a) may be the Secretary of State, a local planning authority in England or any other person.

4 Regulations under section 2(1)(e) may impose restrictions that require a person selling the dwelling to sell it subject to any restrictions to which he or she is subject.

5 Regulations under section 2(1)(e) may include provision about the legal mechanism by which any requirement is to be imposed.

6 The Secretary of State may by regulations make provision about the use of sums that are paid to a person in accordance with a requirement imposed by regulations made by virtue of subsection (1)(a) (including provision permitting or requiring the payment of sums into the Consolidated Fund).

7 In subsection (1)(a) “ starter homes discount ” means the discount mentioned in section 2(1)(c) or subsection (1)(b) above.