Housing and Regeneration Act 2008
| Jurisdiction | UK Non-devolved |
| Citation | 2008 c. 17 |
Housing and Regeneration Act 2008
2008 Chapter 17
An Act to establish the Homes and Communities Agency and make provision about it; to abolish the Urban Regeneration Agency and the Commission for the New Towns and make provision in connection with their abolition; to regulate social housing; to enable the abolition of the Housing Corporation; to make provision about sustainability certificates, landlord and tenant matters, building regulations and mobile homes; to make further provision about housing; and for connected purposes.
[22nd July 2008]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1
The Homes and Communities Agency
General
General
1 Establishment and constitution
(1) There shall be a body corporate known as the Homes and Communities Agency ("the HCA").
(2) Schedule 1 (which makes further provision about the HCA) has effect.
2 Objects
(1) The objects of the HCA are—
(a) to improve the supply and quality of housing in England,
(b) to secure the regeneration or development of land or infrastructure in England,
(c) to support in other ways the creation, regeneration or development of communities in England or their continued well-being, and
(d) to contribute to the achievement of sustainable development and good design in England,
with a view to meeting the needs of people living in England.
(2) In subsection (1)—
"good design" includes design which has due regard to the needs of elderly persons and disabled persons,
"needs" includes future needs,
and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.
(3) In this Part—
"building" means a building or other structure (including a house-boat or caravan),
"caravan" has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 2) ,
"housing" means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling; and includes a hostel which provides temporary residential accommodation,
"infrastructure" includes— (a) water, electricity, gas, telecommunications, sewerage or other services, (b) roads or other transport facilities, (c) retail or other business facilities, (d) health, educational, employment or training facilities, (e) social, religious or recreational facilities, (f) cremation or burial facilities, and (g) community facilities not falling within paragraphs (a) to (f),
"land" includes housing or other buildings (and see also the definition in Schedule 1 to the Interpretation Act 1978 (c. 30) ),
and references to housing include (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, the building or part of building concerned.
(4) See also sections 19(5) (financial assistance), 44 (local government involvement) and 52 (role of the HCA in relation to certain former functions of the Commission for the New Towns).
3 Principal powers
The HCA may do anything it considers appropriate for the purposes of its objects or for purposes incidental to those purposes.
4 Powers: general
(1) This Part contains various specific powers of the HCA.
(2) The specific powers of the HCA (whether contained in this Part or elsewhere) are to be exercised for the purposes of its objects or for purposes incidental to those purposes.
(3) Each power may be exercised separately or together with, or as part of, another power.
(4) Each power does not limit the scope of another power.
(5) Each power does not limit the scope of the powers conferred by section 3.
(6) But—
(a) subsections (2) and (3) do not apply to the HCA in its capacity as a local planning authority by virtue of sections 13 and 14 or in its exercise of other functions by virtue of those sections, and
(b) the powers conferred by section 3 must not be used to override a restriction imposed on the exercise of a specific power.
Land and infrastructure
General
5 Powers to provide housing or other land
(1) The HCA may provide housing or other land.
(2) The HCA may facilitate the provision of housing or other land.
(3) In this section "provide" includes provide by way of acquisition, construction, conversion, improvement or repair (and "provision" is to be read in the same way).
6 Powers for regeneration, development or effective use of land
(1) The HCA may regenerate or develop land.
(2) The HCA may bring about the more effective use of land.
(3) The HCA may facilitate—
(a) the regeneration or development of land, or
(b) the more effective use of land.
7 Powers in relation to infrastructure
(1) The HCA may provide infrastructure.
(2) The HCA may facilitate the provision of infrastructure.
(3) In this section "provide" includes provide by way of acquisition, construction, conversion, improvement or repair (and "provision" is to be read in the same way).
Powers to deal with land etc.
8 Powers to deal with land etc.
The HCA may carry out, or facilitate the carrying out of, any of the following activities in relation to land—
(a) acquiring, holding, improving, managing, reclaiming, repairing or disposing of housing,
(b) acquiring, holding, improving, managing, reclaiming, repairing or disposing of other land, plant, machinery, equipment or other property, and
(c) carrying out building and other operations (including converting or demolishing buildings).
9 Acquisition of land
(1) The HCA may acquire land by agreement.
(2) The HCA may acquire land compulsorily if the Secretary of State authorises it to do so.
(3) The power of acquiring land compulsorily under subsection (2) includes power to acquire new rights over land.
(4) Subsection (5) applies where—
(a) land or new rights over land are being acquired compulsorily under subsection (2), and
(b) the land which is being acquired, or over which new rights are being acquired, forms part of a common, open space or allotment.
(5) The power under subsection (2) to acquire land compulsorily includes the power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (4)(a).
(6) Schedule 2 (which makes further provision in relation to the acquisition of land by the HCA) has effect.
(7) In this Part—
"allotment" means a fuel or field garden allotment,
"common" has the meaning given by section 19(4) of the Acquisition of Land Act 1981 (c. 67) ,
"open space" means any land which is— (a) laid out as a public garden, (b) used for the purposes of public recreation, or (c) a disused burial ground.
10 Restrictions on disposal of land
(1) The HCA may not dispose of land for less than the best consideration which can reasonably be obtained unless the Secretary of State consents.
(2) Subsection (1) does not apply to a disposal by way of a short tenancy if the disposal consists of—
(a) the grant of a term of not more than 7 years, or
(b) the assignment of a term which, at the date of assignment, has not more than 7 years to run.
(3) The HCA may not dispose of land which has been compulsorily acquired by it under this Part unless the Secretary of State consents.
(4) Subject as above, the HCA may dispose of land held by it in any way it considers appropriate.
Powers in relation to acquired land
11 Main powers in relation to acquired land
Schedule 3 (which makes provision about powers in relation to land of the HCA) has effect.
12 Powers in relation to, and for, statutory undertakers
Schedule 4 (which provides for powers in relation to, and for, statutory undertakers) has effect.
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