PRODs - Public Request To Order Disposal
PRODS are a very useful but little used legal power that anybody can use to force the sale of publicly owned empty homes or abandoned land in England and Wales.
The power dates from the1980 Local Government Planning & Land Act. It enables anybody to request that the Secretary of State investigate why publicly owned properties or land have been left empty.
The Secretary of State can order public authorities to dispose of empty homes or land. Where this happens, the land or homes are usually sold to the open market. This legal power covers a large proportion of, but not all publicly owned property in England and Wales. Property directly owned by government departments is exempt. Housing associations are not covered either. There are also a number of anomalies including other public bodies that are not covered.
The Empty Homes Agency is campaigning for the scope of the legislation to be extended to cover these. PRODs do not operate in Scotland or Northern Ireland.
What does this legislation cover?
The main public landowners covered by this legislation include the following:
- Councils: County, District, Borough Councils, City of London
- Joint authorities - Joint authorities are bodies set up to provide services across council areas often where county councils have been abolished. For example, Greater Manchester Passenger Transport Authority; South Yorkshire Fire & Rescue Services
- Joint Waste Authorities- Where councils get together to form a joint organisation to collect rubbish. Currently there are six in London, Merseyside and Manchester
- The London Fire and Emergency Planning Authority
- Police Authorities including the Metropolitan Police
- The Commission For New Towns - Part of English Partnerships along with Urban Regeneration Agency which comes under the next listing
- Development corporations and urban development corporations - These are bodies set up by the government, charged with development of an area outside the normal planning system. There are three currently in operation: (1) Lower Thames Gateway operating in East London, (2) Thurrock Thames Gateway and (3) West Northamptonshire covering Northampton, Daventry and Towcester
- Housing action trusts - Bodies set up to deal with failing housing estates. There were seven but all have now closed. Their business is carried on by English Partnerships
- The Housing Corporation- This is the government organisation that regulates and funds housing associations. Property and land owned by housing associations are not covered by the legislation.
- The Civil Aviation Authority
- British Shipbuilders - A public corporation that owned the shipbuilding industry. Privatised in 1983, the organisation has now been effectively wound up
- The Coal Authority - This is the residuary body for the National Coal Board and still owns some property and abandoned mines that were not transferred to the coal operators on privatisation}
- British Broadcasting Corporation (BBC)
- The Environment Agency
- Statutory undertakers - Bodies carrying out public functions under a statutory power. They may be public or private companies. Examples include: The Post Office, Gas Companies such as Transco & water companies
- British Waterways
- National Rail
- London Development Agency
How many empty homes are there in the public sector?
The most recent Government figures show that there are 104,106 (85, 695) empty properties in the public sector, including housing association stock. This is a snap shot figure as of 1st April 2007. This sum represents 13% of the total number of empty homes in England (672,924). Unlike with private sector properties, the Government does not report the number of long term empty properties (properties empty for more than six months) owned by the public sector. Estimates put this figure at around 50,000?
What should I do?
The Secretary of State will only investigate when a request has been made by a member of the public. To make a request you need to write to the Director of Planning at the appropriate English Regional Government Office, or Minister for Finance, Local Government and Public Services for properties in Wales you don’t need to contact the owner of the property first.
What happens next?
The Government Office will contact the owner. They will find out as much as possible about the property and the owner's reasons for keeping it empty.
The Secretary of State will decide whether there are satisfactory plans in place for making proper use of the land or property, or whether an Order of Disposal should be made.
If disposal is decided on, the owner will be given 42 days in which to make representations before a decision is made.
Sale is usually on the open market - by auction, tender, or private treaty.
You will be kept informed of the outcome.
Sample PROD Letter (public Buildings)
To: Director of Planning
Government Office for the [ ] Region
[Insert address]
Dear Sir/Madam
RE: Public Request To Order Disposal
I would like to make a Request to order a disposal under the Local Government Planning and Land Act, 1980 for the property/land located at (Address of property or land) I attach the details, including a map [if available], of the property. I request that an order should be made to enforce disposal of this building to an organisation prepared to make better use of it. The building is owned by [if known, write in as much detail and history as possible. How long has this property been empty? How big is it? Do you know how many rooms are in it?] [You should write a paragraph on why you have chosen to write.
Some reasons may be:
- It has been a cause of frustration for many people in an area that this building has remained empty for so long.
- It is causing blight to the surrounding area
- It attracts crime and antisocial behaviour
- Why should a building such as this, in reasonable condition and in an area of acute housing need, be left empty for over [ ] years?
It is a disgraceful waste, and an affront to homeless people. I do hope something can be done to get this building back into use as quickly as possible.
Yours sincerely
Government Offices For The Regions
In England the Government offices for the Regions (GOs) handle land use planning, housing and countryside work, road scheme decisions, local transport priorities, transport’s interaction with land use planning and statutory casework. In Wales this role is carried out by the Welsh Assembly
Contact details for PROD letters:
GO-EAST
Government Office for the East of England, Eastbrook,
Shaftesbury Road, Cambridge, CB2 8DF
T: 01223 372500
E: Enquiries.GOEast@goeast.gsi.gov.uk
GO-EAST MIDLANDS
The Belgrave Centre, Stanley Place, Talbot Street, Nottingham
NG1 5GG
T: 0115 971 9971
E: enquiries@goem.gsi.gov.uk
GO-LONDON
Riverwalk House, 157-161 Millbank, London, SW1P 4RR
T: 020 7217 3328
E: enquiries@gol.gsi.gov.uk
GO-NORTH EAST
Citygate, Gallowgate, Newcastle upon Tyne, NE1 4WH
T: 0191 201 3300
E: general.enquiries@gone.gsi.gov.uk
GO-NORTH WEST
City Tower, Piccadilly Plaza, Manchester, M1 4BE
T: 0161 952 4000
E: gonwmailbox@gonw.gsi.gov.uk
GO-SOUTH EAST
Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4GA
T: 01483 882 255
E: info@gose.gi.gov.uk
GO-WEST MIDLANDS
5 St Philip's Place, Colmore Row, Birmingham, B3 2PW
T: 0121 212 5050
E: enquiries.team@gowm.gsi.gov.uk
GO-YORKSHIRE AND THE HUMBER
PO Box 213, City House, New Station Street, Leeds, LS1 4US
T: 0113 280 0600
E: yhenquiries@goyh.gsi.gov.uk
GO-SOUTH WEST
2 Rivergate, Temple Quay, Bristol, BS1 6EH
T: 0117 900 1700
E: swcontactus@gosw.gsi.gov.uk
WALES
Minister for Finance, Local Government and Public Services.
National Assembly for Wales
Cardiff Bay
Cardiff CF99 1NA
T: 029 2089 8391
E: PSSueEssex@Wales.gsi.gov.uk
June 2008
The Empty Homes Agency was set up in 1992 in response to the high number of empty properties and the crisis with homelessness - something had to be done! In the early days the Agency worked on bringing individual properties back into use and encouraged local authorities to implement empty property strategies.
The Agency as an independent campaigning charity, aims to: Raise awareness about empty properties in England, devise and promote sustainable solutions to bring empty properties back into use. We do this through campaigning and providing advice and support.
Head Office
Empty Homes Agency
1 London bridge
Downstream Building
London
SE1 9BG
T: 020 7022 1870
F: 020 7681 3214
E: info@emptyhomes.com