Housing and Planning Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Purpose of this Chapter
Purpose of this Chapter 1 The purpose of this Chapter is to promote the supply of starter homes in England.
Section A1 — Application of Schedule: Wales only
Application of Schedule: Wales only A1 This Schedule applies only in relation to an order under section 1 designating an area of land in Wales as the site of a proposed new town.
Section 2 — What is a starter home?
What is a starter home? 2 1 In this Chapter “ starter home ” means a building or part of a building that— a is a new dwelling, b is available for purchase by qualifying first-time buyers only, c is…
Section 2A — Duty to grant planning permission etc
Duty to grant planning permission etc 2A 1 This section applies to an authority that is both a relevant authority and a local planning authority within the meaning of the Town and Country Planning…
Section 2B — Exemption from duty in section 2A
Exemption from duty in section 2A 2B 1 If an authority applies for exemption to the Secretary of State in accordance with regulations, the Secretary of State may direct that the authority is not…
Section 2C — Review of minimum energy performance requirements
Review of minimum energy performance requirements 2C The Secretary of State must carry out a review of any minimum energy performance requirements approved by the Secretary of State under building…
Section 3 — 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…
Section 4 — General duty to promote supply of starter homes
General duty to promote supply of starter homes 4 1 An English planning authority must carry out its relevant planning functions with a view to promoting the supply of starter homes in England. 2 A…
Section 4A
4A 1 This paragraph applies where— a an acquiring authority have given a notice under paragraph 4(1) but have not yet entered on and taken possession of the land, and b the authority become aware of…
Section 4B
4B 1 Where the acquiring authority serves a notice under paragraph 4(1) on an occupier with an interest in land, the occupier may serve a counter-notice requiring the acquiring authority to take…
Section 5 — Planning permission: provision of starter homes
Planning permission: provision of starter homes 5 1 The Secretary of State may by regulations provide that an English planning authority may only grant planning permission for a residential…
Section 5A — Limitation of administration charges: costs of proceedings
Limitation of administration charges: costs of proceedings 5A 1 A tenant of a dwelling in England may apply to the relevant court or tribunal for an order reducing or extinguishing the tenant's…
Section 5B — Extension of time limit during challenge
Extension of time limit during challenge 5B 1 If an application is made under section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the…
Section 6 — Monitoring
Monitoring 6 1 A local planning authority in England must prepare reports containing information about the carrying out of its functions in relation to starter homes. 2 The Secretary of State may by…
Section 7 — Compliance directions
Compliance directions 7 1 The Secretary of State may make a compliance direction if satisfied that— a a local planning authority has failed to carry out its functions in relation to starter homes or…
Section 7A — Power to make procedure for redeeming English rentcharges
Power to make procedure for redeeming English rentcharges 7A 1 The Secretary of State may by regulations make provision allowing the owner of land in England affected by a rentcharge to redeem it. 2…
Section 8 — Interpretation of this Chapter
Interpretation of this Chapter 8 In this Chapter— “ development ” has the meaning given by section 336 of the Town and Country Planning Act 1990; “ functions in relation to starter homes ”, in…
Section 8A
8A 1 A local planning authority who have the function of determining applications for planning permission or permission in principle shall, if requested to do so by a neighbourhood forum for an area…
Section 9 — Definitions
Definitions 9 1 In section 1 of the Self-build and Custom Housebuilding Act 2015 (register of persons seeking to acquire land), before subsection (1) insert— A1 In this Act “ self-build and custom…
Section 10 — Duty to grant planning permission etc
Duty to grant planning permission etc 10 1 After section 2 of the Self-build and Custom Housebuilding Act 2015 insert— Duty to grant planning permission etc 2A 1 This section applies to an authority…
Section 11 — Exemption from duty
Exemption from duty 11 After section 2A of the Self-build and Custom Housebuilding Act 2015 (inserted by section 10 above) insert— Exemption from duty in section 2A 2B 1 If an authority applies for…
Section 11A — Powers of entry: further notices of entry
Powers of entry: further notices of entry 11A 1 This section applies where— a an acquiring authority have given a notice of entry under section 11(1) but have not yet entered on and taken possession…
Section 11B — Counter-notice requiring possession to be taken on specified date
Counter-notice requiring possession to be taken on specified date 11B 1 Where an acquiring authority serve a notice of entry under section 11(1) on an occupier with an interest in land, the occupier…
Section 12 — Further and consequential amendments
Further and consequential amendments 12 1 In the Schedule to the Self-build and Custom Housebuilding Act 2015 (registers under section 1), in paragraph 3 (eligibility)— a after sub-paragraph (2)…
Section 13 — Introduction to this Part
Introduction to this Part 13 1 This Part is about rogue landlords and property agents. 2 In summary— a Chapter 2 allows a banning order to be made where a landlord or property agent has been…
Section 13A
13A Regulations may make provision— a requiring any prescribed action falling to be taken by the local planning authority under paragraph 12 or 13 to be taken by a prescribed date; b imposing time…
Section 13B — Intervention powers of Secretary of State
Intervention powers of Secretary of State 13B 1 This paragraph applies where the qualifying body requests the Secretary of State to intervene under this paragraph and— a the local planning authority…
Section 14 — “Banning order” and “banning order offence”
“Banning order” and “banning order offence” 14 1 In this Part “ banning order ” means an order, made by the First-tier Tribunal, banning a person from— a letting housing in England, b engaging in…
Section 14A — Register of land
Register of land 14A 1 The Secretary of State may make regulations requiring a local planning authority in England to prepare, maintain and publish a register of land within (or partly within) the…
Section 14B — Timetables for confirmation of CPOs except by Welsh Ministers
Timetables for confirmation of CPOs except by Welsh Ministers 14B 1 The Secretary of State must publish one or more timetables in relation to steps to be taken by confirming authorities, other than…
Section 14C — Timetables for confirmation of CPOs by Welsh Ministers
Timetables for confirmation of CPOs by Welsh Ministers 14C 1 The Welsh Ministers may publish one or more timetables in relation to steps to be taken by them in confirming a compulsory purchase order.…
Section 14D — Power to appoint inspector
Power to appoint inspector 14D 1 A confirming authority may appoint a person (“an inspector”) to act instead of it in relation to the confirmation of a compulsory purchase order to which section 13A…
Section 15 — Application and notice of intended proceedings
Application and notice of intended proceedings 15 1 A local housing authority in England may apply for a banning order against a person who has been convicted of a banning order offence. 2 If a local…
Section 16 — Making a banning order
Making a banning order 16 1 The First-tier Tribunal may make a banning order against a person who— a has been convicted of a banning order offence, and b was a residential landlord or a property…
Section 17 — Duration and effect of banning order
Duration and effect of banning order 17 1 A banning order must specify the length of each ban imposed by the order. 2 A ban must last at least 12 months. 3 A banning order may contain exceptions to a…
Section 18 — Content of banning order: involvement in bodies corporate
Content of banning order: involvement in bodies corporate 18 1 A banning order may include provision banning the person against whom it is made from being involved in any body corporate that carries…
Section 19 — Power to require information
Power to require information 19 1 A local housing authority may require a person to provide specified information for the purpose of enabling the authority to decide whether to apply for a banning…
Section 20 — Revocation or variation of banning orders
Revocation or variation of banning orders 20 1 A person against whom a banning order is made may apply to the First-tier Tribunal for an order under this section revoking or varying the order. 2 If…
Section 21 — Offence of breach of banning order
Offence of breach of banning order 21 1 A person who breaches a banning order commits an offence. 2 A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment…
Section 21A — Temporary direction pending possible use of intervention powers
Temporary direction pending possible use of intervention powers 21A 1 If the Secretary of State is considering whether to give a direction to a local planning authority under section 21 in relation…
Section 22 — Offences by bodies corporate
Offences by bodies corporate 22 1 Where an offence under section 21 committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any…
Section 23 — Financial penalty for breach of banning order
Financial penalty for breach of banning order 23 1 The responsible local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person's conduct…
Section 24 — Saving for illegal contracts
Saving for illegal contracts 24 A breach of a banning order does not affect the validity or enforceability of any provision of a tenancy or other contract entered into by a person despite any rule of…
Section 24A — Lead enforcement authority
Lead enforcement authority 24A 1 In this Act “ the lead enforcement authority ” means— a the Secretary of State, or b a person whom the Secretary of State has arranged to be the lead enforcement…
Section 25 — Banned person may not hold HMO licence etc
Banned person may not hold HMO licence etc 25 Schedule 2 changes the rules about granting and revoking licences under Parts 2 and 3 of the Housing Act 2004 where a banning order has been made.
Section 26 — Management orders following banning order
Management orders following banning order 26 Schedule 3 amends the Housing Act 2004 to allow interim and final management orders to be made in cases where a banning order has been made.
Section 27 — Prohibition on certain disposals
Prohibition on certain disposals 27 1 A person who is subject to a banning order that includes a ban on letting may not make an unauthorised transfer of an estate in land to a prohibited person. 2 A…
Section 27A — Default powers exercisable by Mayor of London or combined authority
Default powers exercisable by Mayor of London or combined authority 27A Schedule A1 (default powers exercisable by Mayor of London or combined authority) has effect.
Section 28 — Database of rogue landlords and property agents
Database of rogue landlords and property agents 28 1 The Secretary of State must establish and operate a database of rogue landlords and property agents for the purposes of this Chapter. 2 Sections…
Section 29 — Duty to include person with banning order
Duty to include person with banning order 29 1 A local housing authority in England must make an entry in the database in respect of a person if— a a banning order has been made against the person…