What is a section 157 local occupancy clause?
The Section 157 restriction was designed to help local properties to be available and affordable to local people. This is important in areas like the Cotswolds where people would like to move to from other parts of the country or invest in a holiday home.
How do I get rid of section 157?
An application for consent to remove the restriction made under section 157 of the Housing Act 1985 (formerly section 19 of the Housing Act 1980) can be made by the seller. The council aims to respond to applications submitted with the correct form and supporting documents within ten working days of receiving them.
What is a 157 Covenant?
S157 Notices are Restrictive Covenants placed on rural ex-council houses. These houses can only be purchased by someone who has either lived or worked in Devon for the three years prior to purchase. This covenant is sometimes known as the “Devon rule” or “Devon covenant.”
What is Section 156 of the Housing Act 1985?
Section 156 (2) of the Housing Act 1985 applies, whereby an approved lending institution will have priority for any legal charge securing an amount advanced to enable the Right to Buy. An approved lending institution, therefore, has statutory protection over this part of any advance.
What is a local occupancy restriction?
1.3 The use of Local Occupancy Restrictions is a policy tool which attempts to intervene in this process by steering what is a finite and limited supply of housing opportunities in rural areas towards occupants who can demonstrate a link to the locality and a need to live in a given location.
What is a North Norfolk restriction?
The s157 restriction requires that a new owner must have previously lived or worked in Norfolk for three years before their purchase. In the case of joint purchasers only one of the purchasers needs to have lived or worked in Norfolk for three years before their purchase.
What is a Section 3 notice?
A Section 3 Notice informs leaseholders of a change of landlord/freehold owner and provides the new landlords details. The new landlord is obliged to notify the tenants of their details within two months or no later than the next rent due date.
What is an exempt disposal Housing Act 1985?
(1)A disposal is an exempted disposal for the purposes of this Part if— (a)it is a disposal of the whole of the dwelling-house and a further conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in subsection (2));
What is a section 106 local occupancy restriction?
The term ‘Section 106 Agreement’ refers to Section 106 of the Town and Country Planning Act 1990. It is a legally binding contract that allows the local planning authority to create a restriction or obligation that is associated with the granting of planning permission.
What is section 157 of the Housing Act?
Housing Act 1985 (Section 157) Sometimes referred to as the Devon Rule or Devon Covenant. The Housing Act (Section 157), or S157 notices, are Restrictive Covenants placed on properties in designated rural areas of Teignbridge, which were bought from the Council under the ‘right to buy’ scheme.
What is a provision in the Housing Act 1985?
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. Housing Act 1985, Section 157 is up to date with all changes known to be in force on or before 09 November 2021. There are changes that may be brought into force at a future date.
What is a section 157 notice?
The Housing Act (Section 157), or S157 notices, are Restrictive Covenants placed on properties in designated rural areas of Teignbridge, which were bought from the Council under the ‘right to buy’ scheme.
When do you need permission to buy a section 157 property?
If restriction is still valid, the Council will have to provide written consent to the sale if the person buying the property has lived or worked in the area for a period of three years immediately before applying to buy the property. Section 157 properties are restricted to use as a principal residence and not as a second or holiday home.