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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Housing (Right to Buy) (Limits on Discount) (England) Order 2024 No. 1073 URL: http://www.bailii.org/uk/legis/num_reg/2024/uksi_20241073_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Housing, England
Made
28th October 2024
Laid before Parliament
30th October 2024
Coming into force
21st November 2024
The Secretary of State makes this Order in exercise of the powers conferred by section 131(1)(a) and (2) of the Housing Act 1985( 1).
1.—(1) This Order may be cited as the Housing (Right to Buy) (Limits on Discount) (England) Order 2024.
(2) This Order comes into force on 21st November 2024.
(3) This Order extends to England and Wales and applies in relation to England only.
(4) In this Order—
(a) a reference to a numbered section is to that section of the Housing Act 1985;
(b) “ the commencement date” means 21st November 2024.
2.—(1) This article applies in relation to a claim to exercise the right to buy where a notice under section 122(1) was served on or after the commencement date.
(2) Subject to paragraphs (3) and (4), in relation to a dwelling-house in a region specified in column 1 of the table in Part 1 of Schedule 1, the prescribed sum is the sum specified in the corresponding entry in column 2 of that table.
(3) In relation to a dwelling-house in an area specified in Schedule 2, the prescribed sum is £16,000.
(4) In relation to a dwelling-house in the London boroughs of Barking and Dagenham and Havering, the prescribed sum is £38,000.
(5) In this article, a “prescribed sum” is prescribed for the purposes of section 131(2).
3.—(1) This article applies in relation to a claim to exercise the right to buy where a notice under section 122(1) was served on or after the commencement date.
(2) The period of time specified for the purposes of section 131(1)(a) is 30 years.
4. The following instruments are revoked—
(a) the Housing (Right to Buy) (Limits on Discount) (Amendment) Order 2003( 2);
(b) the Housing (Right to Buy) (Limit on Discount) (England) Order 2012( 3);
(c) the Housing (Right to Buy) (Limit on Discount) (England) Order 2014( 4);
(d) the Housing (Right to Buy) (Limit on Discount) (England) (Amendment) Order 2014( 5).
5. Article 4 is of no effect in relation to a claim to exercise the right to buy where a notice under section 122(1) was served before the commencement date.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Matthew Pennycook
Minister of State
Ministry of Housing, Communities and Local Government
28th October 2024
Article 2(2)
|
Column 1 Name of region |
Column 2 Maximum discount |
|---|---|
| Eastern | £34,000 |
| East Midlands | £24,000 |
| London | £16,000 |
| North East | £22,000 |
| North West | £26,000 |
| South East | £38,000 |
| South West | £30,000 |
| West Midlands | £26,000 |
| Yorkshire and the Humber | £24,000 |
In this Part, a reference to a named region is to the region of that name specified in column 1 of the table in Part 2 and has the extent specified in the corresponding entry in column 2 of that table.
|
Column 1 Name of region |
Column 2 Extent |
|---|---|
| Eastern | The areas of Bedford Borough Council, Cambridgeshire County Council, Central Bedfordshire Council, Essex County Council, Hertfordshire County Council, Luton Borough Council, Norfolk County Council, Peterborough City Council, Southend-on-Sea City Council, Suffolk County Council and Thurrock Council |
| East Midlands | The areas of Derby City Council, Derbyshire County Council, Leicester City Council, Leicestershire County Council, Lincolnshire County Council, North Northamptonshire Council, Nottingham City Council, Nottinghamshire County Council, Rutland County Council and West Northamptonshire Council |
| London | The City of London and the London boroughs of Barking and Dagenham, Barnet, Bexley, Brent, Bromley, Camden, Croydon, Ealing, Enfield, Greenwich, Hackney, Hammersmith and Fulham, Haringey, Harrow, Havering, Hillingdon, Hounslow, Islington, Kensington and Chelsea, Kingston upon Thames, Lambeth, Lewisham, Merton, Newham, Redbridge, Richmond upon Thames, Southwark, Sutton, Tower Hamlets, Waltham Forest, Wandsworth and Westminster |
| North East | The areas of Darlington Borough Council, Durham County Council, Gateshead Council, Hartlepool Borough Council, Middlesbrough Council, Newcastle upon Tyne City Council, North Tyneside Metropolitan Borough Council, Northumberland County Council, Redcar and Cleveland Borough Council, South Tyneside Council, Stockton-on-Tees Borough Council and Sunderland City Metropolitan Borough Council |
| North West | The areas of Blackburn with Darwen Borough Council, Blackpool Borough Council, Bolton Metropolitan Borough Council, Bury Metropolitan Borough Council, Cheshire East Borough Council, Cheshire West and Chester Borough Council, Cumberland Council, Halton Borough Council, Knowsley Metropolitan Borough Council, Lancashire County Council, Liverpool City Council, Manchester City Council, Oldham Metropolitan Borough Council, Rochdale Borough Council, St Helens Metropolitan Borough Council, Salford City Council, Sefton Metropolitan Borough Council, Stockport Metropolitan Borough Council, Tameside Metropolitan Borough Council, Trafford Metropolitan Borough Council, Warrington Borough Council, Westmorland and Furness Council, Wigan Metropolitan Borough Council and Wirral Metropolitan Borough Council |
| South East | The areas of Bracknell Forest Borough Council, Brighton & Hove City Council, Buckinghamshire Council, East Sussex County Council, Hampshire County Council, Isle of Wight Council, Kent County Council, Medway Council, Milton Keynes Council, Oxfordshire County Council, Portsmouth City Council, Reading Borough Council, Slough Borough Council, Southampton City Council, Surrey County Council, West Berkshire Council, West Sussex County Council, the Royal Borough of Windsor and Maidenhead and Wokingham Council |
| South West | The areas of Bath & North East Somerset Council, Bournemouth, Christchurch and Poole Council, Bristol City Council, Cornwall Council, Council of the Isles of Scilly, Devon County Council, Dorset Council, Gloucestershire County Council, North Somerset Council, Plymouth City Council, Somerset Council, South Gloucestershire Council, Swindon Borough Council, Torbay Council and Wiltshire Council |
| West Midlands | The areas of Birmingham City Council, Coventry City Council, Dudley Metropolitan Borough Council, Herefordshire Council, Sandwell Metropolitan Borough Council, Shropshire Council, Solihull Metropolitan Borough Council, Staffordshire County Council, Stoke-on-Trent City Council, Telford and Wrekin Council, Walsall Metropolitan Borough Council, Warwickshire County Council, Wolverhampton City Council and Worcestershire County Council |
| Yorkshire and the Humber | The areas of Barnsley Metropolitan Borough Council, Bradford City Council, Calderdale Metropolitan Borough Council, City of York Council, Doncaster Metropolitan Borough Council, East Riding of Yorkshire Council, Kingston upon Hull City Council, Kirklees Metropolitan Council, Leeds City Council, North East Lincolnshire Council, North Lincolnshire Council, North Yorkshire Council, Rotherham Borough Council, Sheffield City Council and Wakefield Council |
Article 2(3)
The specified areas are—
(a) the area of Reading Borough Council;
(b) the area of West Berkshire Council;
(c) in Hampshire, the district of Hart;
(d) in Hertfordshire, the district of Watford;
(e) in Kent, the borough of Tonbridge and Malling;
(f) in Oxfordshire, the districts of Oxford and Vale of White Horse;
(g) in Surrey, the boroughs of Epsom and Ewell and Reigate and Banstead.
(This note is not part of the Order)
This Order relates to a person’s right to buy a dwelling-house in England under Part 5 of the Housing Act 1985 (“ the Act”) and the discount off the purchase price to which they may be entitled.
Article 2 prescribes maximum discounts. The maximum discounts applicable by region are, generally, those set out in Part 1 of Schedule 1. However, where the dwelling-house is in an area listed in Schedule 2, the maximum discount is £16,000; and where the dwelling-house is in the London Boroughs of Barking and Dagenham and Havering, the maximum discount is £38,000.
Article 3 specifies the period of time used in the calculation of costs incurred for the purpose of calculating the cost floor as 30 years. The costs floor is an amount that represents the costs incurred by the landlord in respect of the dwelling-house over that period below which the purchase price may not be reduced.
Articles 2 and 3 apply only in respect of right to buy applications made on or after the date on which this Order comes into force.
Article 4 revokes various Orders which are superseded by this instrument. Article 5 makes a saving provision in respect of right to buy applications made before the date on which this Order comes into force.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
1985 c. 68; section 131 was amended by section 122 of the Housing Act 1988 (c. 50).
S.I. 2012/734, amended by S.I. 2014/1378.
S.I. 2014/1378, amended by S.I. 2014/1865.