Affordable housing monthly law update

Welcome to May’s edition of the affordable housing bulletin. 

The long-anticipated ban on ground rent charges is due to come into force on the 30 June so please see the information regarding this. 

There are also new funding opportunities from the Government with the new £2.6 million levelling up fund and the £4 million Community Housing Fund (CHF) programme helps community groups build homes in their local area by covering a range of costs incurred in the process.

If you have any concerns about any of the developments outlined in this update, or if you require any advice on the effect of the developments or on how to respond appropriately, please get in touch.

Quick links: 

• Events and webinars 
• Property 
• Planning and environment 
• Charity 
• Commercial 
• Construction 
• Corporate 
• Data, privacy and cyber security 
• Employment and immigration 
• Energy 
• Governance 
• Health and safety 
• Human rights 
• Regulatory 
• Tax 
  

Events and webinars

Race discrimination TLT Podcast | 11 April 2022

For an employer to say they have strong ESG credentials, they need to be doing more than simply relying on policies and training to prevent race discrimination at work. In this episode, we’re joined by Kanika Kitchlu-Connolly, co-chair of TLT’s BAME network.

Property

Ground rent charges will be banned from 30th June Department for Levelling Up, Housing and Communities | 22 April 2022

The government's ban on charging ground rent on leases in England and Wales comes into force on 30 June 2022.

Government consults on removing charge for householder disposal of DIY waste in England Department for Environment, Food & Rural Affairs 11 April 2022

The Department for Environment, Food and Rural Affairs published a consultation on preventing waste disposal authorities (usually local authorities) charging householders for the disposal of their DIY waste and seeking evidence on the impact of existing booking systems at household waste recycling centres

Planning and environment

CIL exemption for residential annex still applicable if annex "let" to Ukrainian refugees Department for Levelling Up, Housing and Communities | 5 April 2022

The government's guidance on the Community Infrastructure Levy (CIL) has been updated to add a new paragraph dealing with the question of 'Would receipt of a payment from the government under the government’s ‘Homes for Ukraine’ sponsorship scheme constitute a disqualifying event, and withdrawal of the exemption, for a CIL exemption obtained for a residential annex?

Consultation on the Storm Overflows Discharge Reduction Plan Department for Environment, Food & Rural Affairs | 31 March 2022

On 31 March 2022, the Department for Environment, Food and Rural Affairs (Defra) published a consultation on the government's Storm Overflows Discharge Reduction Plan (draft plan) for England.

Charity

Charities Act 2022: implementation plan published Department for Digital, Culture, Media & Sport | 13 April 2022

The government has published its timetable for implementation of the Charities Act 2022 and fulfilling other commitments made in response to the Law Commission's Technical Issues in Charity Law report.

Commercial

Reforming competition and consumer policy: government response | Department for Business, Energy & Industrial Strategy | 20 April 2022

BEIS has issued its response to its consultation on the proposed reform of the UK competition and consumer law regime.  The government states that it will legislate to enable the CMA to decide for itself whether consumer protection law has been breached and empower it to issue fines.

Construction

UK communities given £2.6 billion levelling up funding Department for Levelling Up, Housing & Communities | 13 April 2022

Communities across the United Kingdom will benefit from £2.6 billion of funding being allocated today to help spread opportunity and level up the country.

1,000 new homes to be built through HSBC funding partnership Homes England | 4 April 2022

Hundreds of families across Dorset, Hampshire and Somerset will be moving into new homes over the next five years through a multi-million-pound finance package from the Government’s Levelling Up Home Building Fund and HSBC UK.

New £4m community housing fund announced Department for Levelling Up, Housing and Communities | 25 March 2022

The £4 million Community Housing Fund (CHF) programme helps community groups build homes in their local area by covering a range of costs incurred in the process - including renting the town hall for a public meeting, paying for searches, administration costs or legal advice, design work and planning applications.

Corporate

National Security and Investment Act 2021: guidance on compliance and enforcement Department for Business, Energy & Industrial Strategy 11 April 2022

The guidance explains how to comply with the National Security and Investment Act 2021 and what can be expected if you are subject to orders and notices

Data, privacy and cyber security

Data protection and Coronavirus-19 – relaxation of government measures ICO 1 April 2022

The Information Commissioner's Office (ICO) has published guidance to help organisations comply with their data protection obligations following the government's relaxation of the rules relating to COVID-19.  Emergency practices should be reviewed to help organisations decide if the information they have been collecting is still necessary.

Employment and immigration

Imminent changes to UK economic migration routes TLT Publications | 11 April 2022

On 11 April 2022 the first of a number of changes to the UK’s economic migration routes come into force. Of greatest significance is the closure of existing routes, including intra-company transfers, which will fall under a new umbrella category of Global Mobility Business Routes.

Coronavirus - Navigating the next stage TLT Insights | 5 April 2022

As restrictions fall away (along with COVID-19 statutory sick pay entitlements) and government guidance becomes less prescriptive, the onus has now shifted to employers to ensure that they are mitigating the risks posed by the virus in the workplace in line with their general duty to protect the health and safety of staff.

Spring right to work changes TLT Insights | 31 March 2022

Getting right to work checks wrong can have significant financial, reputational and operational repercussions for employers if illegal working occurs.

Free Covid-19 testing to continue for workers in "high risk" setting Department of Health and Social Care | 29 March 2022

From 1 April NHS workers and those living or working in "high risk" settings will continue to be eligible for free symptomatic COVID-19 testing, when free testing ends for the general public in England. “High risk” include staff in adult social care services such as homecare organisations and care homes, and residents in care homes and extra care and supported living services.

New statutory code to prevent employers using fire and rehire tactics Department for Business, Energy & Industrial Strategy | 29 March 2022

A statutory code on the practice of ‘fire and rehire’ will clamp down on tactics used by employers who fail to engage in meaningful consultations with employees.

Energy

Government publishes British Energy Security Strategy Department for Business, Energy & Industrial Strategy 7 April 2022

On 7 April, the Department for Business, Energy and Industrial Strategy (BEIS) published the British Energy Security Strategy

Energy Performance of Buildings Regulations 2022 lower data registration fees Legislation.gov.uk 31 March 2022

The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2022 (SI 2022/413) were made on 31 March 2022 and come into force on 1 April 2022. The Regulations amend the Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118) to make small reductions to the fees for entering data onto the register of energy performance certificates, display energy certificates and air conditioning inspection reports kept under regulation 27 of the 2012 Regulations

Governance

Overseas owners of UK property – action required! TLT Insights | 29 March 2022

Almost four years after the publication of the draft Registration of Overseas Entities Bill, the government has introduced the Economic Crime (Transparency and Enforcement) Act 2022 (the Act) which, in addition to reforming unexplained wealth orders and sanctions, requires the Registrar of Companies to set up an overseas entity register (OER) and compels those overseas entities that hold UK property to register.

Health and safety

Major homebuilders to fund building safety repairs Department for Levelling Up, Housing and Communities | 13 April 2022

The government has revealed a wide-ranging agreement that will see industry contribute £5 billion to address the building safety scandal.

Building Safety Bill: factsheets Department for Levelling Up, Housing and Communities | 5 April 2022

Updated factsheets to reflect changes to the Building Safety Bill.

Human rights

Consultation launched to replace the Vagrancy Act Department for Levelling Up, Housing and Communities | 7 April 2022

The government is set to repeal the Vagrancy Act as part of plans to end rough sleeping for many.

Equality and Human Rights Commission publish guidance on the provision of separate or single-sex services to trans people Equality and Human Rights Commission | 4 April 2022

The Equality and Human Rights Commission has published guidance aimed at service providers of separate or single-sex services and their approach to trans people's use of the service

Regulatory

Failing landlords to be named as government increases support for social housing tenants Department for Levelling Up, Housing and Communities | 29 March 2022

The government will “name and shame” failing social housing providers as part of major reforms to give residents a stronger voice and drive up standards.

Social housing regulation: draft clauses Department for Levelling Up, Housing and Communities | 29 March 2022

The government are publishing these in draft now in recognition of the keen interest of tenants, residents and landlords in seeing progress on implementation of the White Paper commitments

Tax

Regulations to limit impact on council tax for Homes for Ukraine sponsors Department for Levelling Up, Housing and Communities | 11 April 2022

Households who become sponsors through the Homes for Ukraine scheme will not lose their council tax discounts thanks to legislation coming into force today, Minister for Refugees Lord Harrington has confirmed.

Guide to annual tax on enveloped dwellings (ATED) TLT Insights | 4 April 2022

ATED is an annual tax payable by companies that own UK residential property valued in excess of £500,000. The ATED period runs from 1 April to 31 March in the following year. The filing deadline is 30 April (following the 1 April) in each year.