Derbyshire Dales council launches consultation on legal changes to sale and rent of ex-social housing

At present there are 863 such properties in the district, which all have clauses in their deeds restricting sales or private leasing to people who meet certain criteria.

A council spokesman said: “The purpose of these clauses are to provide affordable housing and to stop ex-council house properties being turned into second homes or holiday lets.

“If you have lived or worked in the Derbyshire or Peak District Park areas for three years you will be allowed to buy or lease the property – however the council will allow a sale/lease to proceed in certain circumstances even if you do not meet the three year criteria.”

The clause is a permanent clause and stays with the property on any subsequent sale. Therefore, any future purchasers must also satisfy the same criteria or obtain permission from the district council.

The authority is now seeking feedback on a new policy that explains in what circumstances it will consider granting a dispensation so that officers can make delegated decisions, thus eliminating delay in the decision making process.

It is also intended to give guidance to those applying on what evidence the council wishes to see and give those applying the right to appeal to members if officers refuse permission.

Suggested exemptions include where the property is transferred to a current or former spouse of civil partner, or other family member who has lived in the property for at least 12 months, or if it is passed to a beneficiary named in a Will.

The council would also consent to the property being taken over by members of the armed forces with a local connection, such as immediate family in the area, or potentially some required to care for another relative.

Officers may additionally consider exemptions to workers in key services such as police, fire, education or the NHS.

To read the full draft of the new policy, go to https://bit.ly/34L61Z4.

The consultation is open until Friday, July 16, and any comments should be sent to [email protected].

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