UK Government Announces New ‘Right to Regenerate’

 

In mid-January 2021, the Ministry of Housing, Communities and Local Government (MHCLG) published a consultation seeking views from the public on the UK Government’s new 'Right to Regenerate' proposals. Under the proposals, the public can turn vacant plots and unused buildings into community spaces or new homes. The right also covers publicly owned (and unused) social housing and garages, extending the property range the public can transform. Public bodies that own vacant or unused land and have no clear plan for its use would be required to sell it under the right. 

While making the announcement, Housing Secretary Robert Jenrick said the Right to Regenerate was the government's way of helping communities to make better use of available and derelict resources, with the right expected to cut the red tape associated with these efforts. He also noted that unless there is a good reason not to sell land, this option would be the default one to enable public land to be used for the greater good. 

The Chief Executive of the National Community Land Trust Network, Tom Chance, welcomed the proposal, noting that it would help communities turn neglected assets into usable resources. Mr Chance also highlighted how access to land at affordable prices was a barrier for many community land trusts in the country. The new right could make it easier for communities to play a leading role in changing this situation. Ian Harvey, the Executive Director of Civic Voice, saw the proposal as a great step forward in helping communities implement viable ideas for empty land. 

The Right to Regenerate could benefit members of the public, including property developers such as Zuneth Sattar, who wish to turn unused spaces into housing options that help the community. Mr Sattar has recently broken ground on the development of a block of flats and looks to make this type of work the ultimate goal of his property business. 

The Value of Research in Property Investment

Public Consultation 

The public land that the Right to Regenerate seeks to address includes land and property owned by English borough, district and county councils, development corporations owned by local authorities, combined authorities, and other bodies such as police forces. The consultation period (which was open until the 13th March 2021) helped clarify issues such as the definition of underused or unused property, the range of public bodies covered by the right, a potential right of first refusal for the person making the first request, and transparency requirements for the entire process. 

The Right to Regenerate is the government's attempt to revamp the current 'Right to Contest,' a similar scheme that allows members of the public to apply to the government to sell a property that is underused or can have a better economic impact. 192 requests have been made since 2014, with the majority focusing on small plots of land. Additionally, those who make the request don't receive the right of first refusal before the property goes on the open market. This, the ministry points, is among the main reasons why members of the public are hesitant to use the right in its current form. 

Encouraging the development of brownfield land is among the government's goals in proposing the new right, making it easier for the public to challenge public organisations and councils to release land that can be put to better use. In reality, a member of the public with a council-owned plot of land at the back of their residence could use the Right to Regenerate to make a request and potentially get the right of first refusal to purchase the plot and redevelop it. 

Additional measures to be deliberated upon during the consultation period include requiring councils to submit quarterly reports on preliminary enquiries, producing physical and electronic notices when requests are made, and publishing all requests (and their outcomes) on councils' websites.