UK Act of Parliament
2016
United Kingdom
Housing and Planning Act 2016
At a glance
Enforced by
What's here
29 compliance obligations, 1 practical guide
Penalty landscape
4 of 29 obligations carry an unlimited fine. 3 carry different penalties and 22 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 8
- Director or Officer 4
- Landlord 1
Plus 16 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 duties
Landlords also bound by 70 other Acts (top 5 shown)
- Fire Safety (England) Regulations 2022 2022 59 duties
- Renting Homes (Wales) Act 2016 2016 33 duties
- Housing Act 1985 1985 31 duties
- Housing (Scotland) Act 2006 2006 14 duties
- Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 2015 10 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — New homes in England
Browse 12 other sections in this Part — procedural / definitional / commencement
Purpose of this Chapter
What is a starter home?
Power to require payments or discounts on resale (subject to tapering) etc
General duty to promote supply of starter homes
Planning permission: provision of starter homes
Monitoring
Compliance directions
Interpretation of this Chapter
Definitions
Duty to grant planning permission etc
Exemption from duty
Further and consequential amendments
Part 2 — Rogue landlords and property agents in England
Power to require information
Unlimited fine- Fail to provide information or give false information to housing authority Any Person
Offence of breach of banning order
51 weeks imprisonment- Breach a housing banning order Any Person
Offences by bodies corporate
51 weeks imprisonment- Officer consent or neglect makes company liable for breach of banning order Director or Officer
Prohibition on certain disposals
- Do not transfer property to associates while under a banning order Any Person
Database of rogue landlords and property agents
Other duties (1) — Crown / regulator
- Secretary of State must establish a rogue landlord database Crown / Minister / Government department
Duty to include person with banning order
Other duties (1) — Crown / regulator
- Local authorities must record banned landlords and agents in the database Local authority
Procedure for inclusion under section 30
Other duties (1) — Crown / regulator
- Local authorities must notify landlords before adding them to the rogue database Local authority
Updating
Other duties (1) — Crown / regulator
- Local authorities must keep the rogue landlord database up-to-date Local authority
Power to require information
Unlimited fine- Fail to provide or give false information to housing authority Any Person
Removal or variation of entries made under section 30
Other duties (1) — Crown / regulator
- Local housing authority must remove or vary database entries Local authority
Access to database
Other duties (1) — Crown / regulator
- Secretary of State must provide councils with access to the landlord database Crown / Minister / Government department
Notice of intended proceedings
Other duties (1) — Crown / regulator
- Local authorities must notify landlords before applying for a rent repayment order Local authority
Amount of order: tenants
Other duties (1) — Crown / regulator
- Tribunal must calculate rent repayment amounts based on specific criteria Tribunal / Court
Amount of order: local housing authorities
Other duties (1) — Crown / regulator
- Tribunal must determine the amount of a Rent Repayment Order Tribunal / Court
Duty to consider applying for rent repayment orders
Other duties (1) — Crown / regulator
- Local authorities must consider applying for rent repayment orders Local authority
Browse 29 other sections in this Part — procedural / definitional / commencement
Introduction to this Part
“Banning order” and “banning order offence”
Application and notice of intended proceedings
Making a banning order
Duration and effect of banning order
Content of banning order: involvement in bodies corporate
Revocation or variation of banning orders
Financial penalty for breach of banning order
Saving for illegal contracts
Banned person may not hold HMO licence etc
Management orders following banning order
Power to include person convicted of banning order offence
Appeals
Information to be included in the database
Requests for exercise of powers under section 36 and appeals
Use of information in database
Introduction and key definitions
Application for rent repayment order
Making of rent repayment order
Amount of order following conviction
Enforcement of rent repayment orders
Helping tenants apply for rent repayment orders
Rent repayment orders: consequential amendments
Housing benefit: inclusion pending abolition
Interpretation of Chapter
Appeals from the first-tier tribunal
Meaning of “letting agent” and related expressions
Meaning of “property manager” and related expressions
General interpretation of Part
Part 3 — Recovering abandoned premises in England
Browse 7 other sections in this Part — procedural / definitional / commencement
Part 4 — Social housing in England
Procedure for determinations
Other duties (1) — Crown / regulator
- Secretary of State must consult and notify authorities of housing determinations Crown / Minister / Government department
Meaning of “high income” etc
Other duties (1) — Crown / regulator
- Secretary of State must define 'high income' for social housing rent rules Crown / Minister / Government department
Private providers: policies for high income social tenants
- Publish and maintain a rent policy for high-income social tenants Landlord
Objectives of housing administration
- Housing administrator must balance creditor interests with social housing needs Director or Officer
Objective 1: normal administration
- Housing administrator must prioritise rescuing the provider as a going concern Director or Officer
Applications for housing administration orders
Other duties (1) — Crown / regulator
- Secretary of State or Regulator must notify stakeholders of administration Crown / Minister / Government department
Powers of court
Amended 3 timesHousing administrators
Amended 1 time- Housing administrators must be qualified and act efficiently Director or Officer
Conduct of administration etc
Amended 3 timesHousing administrator may sell land free from planning obligations
Amended 1 timeWinding-up orders
Amended 2 timesVoluntary winding up
Amended 2 timesMaking of ordinary administration orders
Amended 3 timesAdministrator appointments by creditors etc
Amended 5 timesEnforcement of security
Amended 4 times- Notify the Regulator before enforcing security over social housing property Any Person
Grants and loans where housing administration order is made
Amended 1 timeIndemnities where housing administration order is made
Amended 1 timeIndemnities: repayment by registered provider etc
Amended 1 timeGuarantees where housing administration order is made
Amended 1 timeGuarantees: repayment by registered provider etc
Amended 1 timeModification of this Chapter under the Enterprise Act 2002
Amended 1 timeAmendments to housing moratorium and consequential amendments
Amended 1 timeInterpretation of Chapter
Amended 5 timesApplication of Part to Northern Ireland
Amended 1 timeBrowse 34 other sections in this Part — procedural / definitional / commencement
Grants by Secretary of State
Grants by Greater London Authority
Monitoring
Consequential changes to HCA's duty to give grants
Interpretation of Chapter
Payments to Secretary of State
Housing to be taken into account
More about determinations
Determinations in the first year that section 69 comes into force
Reduction of payment by agreement
Set off against repayments under section 69
Duty to consider selling vacant higher value housing
Local authority disposal of housing: consent requirements
Set off under section 11 of Local Government Act 2003
Interpretation of Chapter
Mandatory rents for high income local authority tenants
Information about income
HMRC information
Reverting to original rent levels
Power to change rents and procedure for changing rents
Payment by local authority of increased income to Secretary of State
Provision of information to Secretary of State
Interaction with other legislation and consequential amendments
HMRC information for private registered providers
Interpretation of Chapter
Reducing social housing regulation
Reducing local authority influence over private registered providers
Recovery of social housing assistance: successors in title
Housing administration order: providers of social housing in England
Objective 2: keeping social housing in the regulated sector
Secure tenancies etc: phasing out of tenancies for life
Termination of fixed-term secure tenancies without need to forfeit
Succession to secure tenancies and related tenancies
Secure and assured tenancies: transfer of tenancy
Part 5 — Housing, estate agents and rentcharges: other changes
Electrical safety standards for residential properties let by landlords
Amended 4 timesElectrical safety standards: enforcement
Amended 1 timeFinancial penalty as alternative to prosecution under Housing Act 2004
Amended 2 timesOffence of contravening an overcrowding notice: level of fine
Unlimited fine- Fail to comply with an overcrowding notice Any Person
Tenancy deposit information
Amended 1 timeUse of information obtained for certain other statutory purposes
Amended 1 timeLimitation of administration charges: costs of proceedings
Amended 2 timesEstate agents: lead enforcement authority
Amended 1 timePower to require property agents to join client money protection schemes
Amended 1 timeClient money protection schemes: approval or designation
Amended 2 timesEnforcement of client money protection scheme regulations
Amended 6 timesBrowse 6 other sections in this Part — procedural / definitional / commencement
Assessment of accommodation needs
Licences for HMO and other rented accommodation: additional tests
Tenants' associations: power to request information about tenants
Enfranchisement and extension of long leaseholds: calculations
Redemption price for rentcharges
Procedure for redeeming English rentcharges
Part 6 — Planning in England
Making neighbourhood development orders and plans: intervention powers
Amended 1 timeLocal planning authority to notify neighbourhood forum of applications
Amended 1 timePower to direct amendment of local development scheme
Amended 1 timePower to give direction to examiner of development plan document
Amended 1 timeIntervention by Secretary of State
Amended 1 timeSecretary of State's default powers
Amended 1 timeDefault powers exercisable by Mayor of London or combined authority
Amended 1 timeCosts of independent examinations held by Secretary of State
Amended 1 timePermission in principle for development of land
Amended 2 timesPlanning freedoms: right for local areas to request alterations to planning system
Amended 1 timeLocal planning authorities: information about neighbourhood development plans
Amended 1 timeDevelopment consent for projects that involve housing
Amended 1 timeDesignation of new town areas and establishment of corporations: procedure
Amended 1 timeNew towns: objects of development corporations in England
Amended 1 timeSustainable drainage
Amended 1 timeOther duties (1) — Crown / regulator
- Secretary of State must review sustainable drainage planning policies Crown / Minister / Government department
Browse 18 other sections in this Part — procedural / definitional / commencement
Designation of neighbourhood areas
Timetable in relation to neighbourhood development orders and plans
Planning powers of the Mayor of London
Local planning authority to keep register of particular kinds of land
Approval condition where development order grants permission for building
Planning applications that may be made directly to Secretary of State
Local planning authorities: information about financial benefits
Planning applications etc: setting of fees
Resolution of disputes about planning obligations
Planning obligations and affordable housing
Processing of planning applications by alternative providers
Regulations under section 161: general
Regulations under section 161: fees and payments
Regulations under section 161: information
Review of minimum energy performance requirements
Designation of urban development areas: procedure
Establishment of urban development corporations: procedure
Sections 166 and 167: consequential repeals
Part 7 — Compulsory purchase etc
Right to enter and survey land
Amended 38 timesWarrant authorising use of force to enter and survey land
Amended 3 timesNotice of survey and copy of warrant
Amended 3 timesOther duties (1) — Crown / regulator
- Authorities must provide 14 days' notice before entering or surveying land Statutory regulator
Enhanced authorisation procedures etc. for certain surveys
Amended 3 timesRight to compensation after entry on or survey of land
Amended 3 timesOffences in connection with powers to enter land
Fine up to £1,000 Amended 3 times- Obstruct a person exercising entry powers Any Person
Right to enter and survey or value Crown land
Amended 1 timeAmendments to do with sections 172 to 178
Amended 1 timeTimetable for confirmation of compulsory purchase order
Amended 1 timeConfirmation by inspector
Amended 2 timesTime limits for notice to treat or general vesting declaration
Amended 1 timeNotice of general vesting declaration procedure
Amended 3 timesEarliest vesting date under general vesting declaration
Amended 1 timeNo general vesting declaration after notice to treat
Amended 1 timeExtended notice period for taking possession following notice to treat
Amended 1 timeCounter-notice requiring possession to be taken on specified date
Amended 1 timeAgreement to extend notice period for possession following notice to treat
Amended 1 timeCorresponding amendments to the New Towns Act 1981
Amended 1 timeAbolition of alternative possession procedure following notice to treat
Amended 1 timeExtended notice period for taking possession following vesting declaration
Amended 1 timeMaking a claim for compensation
Amended 1 timeCompensation after withdrawal of notice to treat
Amended 1 timeMaking a request for advance payment of compensation
Amended 1 timePower to make and timing of advance payment
Amended 1 timeInterest on advance payments of compensation
Amended 3 timesRepayment of advance payment where no compulsory purchase
Amended 1 timeRepayment of payment to mortgagee if land not acquired
Amended 1 timeObjection to division of land
Amended 2 timesObjection to division of land: blight notices
Amended 1 timePower to quash decision to confirm compulsory purchase order
Amended 1 timeExtension of compulsory purchase time limit during challenge
Amended 1 timePower to override easements and other rights
Amended 43 timesCompensation for overridden easements etc
Amended 5 timesInterpretation of sections 203 and 204
Amended 14 timesAmendments to do with sections 203 and 204
Amended 1 timePart 8 — Public authority land
Engagement with public authorities in relation to proposals to dispose of land
Amended 4 timesOther duties (1) — Crown / regulator
- Government and public authorities must engage before selling land Crown / Minister / Government department
Duty of public authorities to prepare report of surplus land holdings
Amended 2 timesBrowse 3 other sections in this Part — procedural / definitional / commencement
Part 9 — General
Browse 6 other sections in this Part — procedural / definitional / commencement
Power to make transitional provision
Power to make consequential provision
Regulations: general
Extent
Commencement
Short title
Schedules
Conduct of housing administration: companies
Unlimited fine- Fail to comply with housing administrator proposal duties Any Person
Browse 19 other Schedules — structural / supplementary
Financial penalty for breach of banning order
Banned person may not hold HMO licence etc
Amendments to housing moratorium and consequential amendments
Succession to secure tenancies and related tenancies
Default powers exercisable by Mayor of London or combined authority: Schedule to be inserted in the Planning and Compulsory Purchase Act 2004
Permission in principle for development of land: minor and consequential amendments
Resolution of disputes about planning obligations: Schedule to be inserted in the Town and Country Planning Act 1990
Notice of general vesting declaration procedure
Abolition of alternative possession procedure following notice to treat
Amendments to do with sections 203 and 204
Authorities specified for purposes of section 210
Management orders following banning order
Reducing social housing regulation
Secure tenancies etc: phasing out of tenancies for life
Financial penalty as alternative to prosecution under Housing Act 2004
Enfranchisement and extension of long leaseholds: calculations
Right to enter and survey land: consequential amendments
Objection to division of land following notice to treat
Objection to division of land following vesting declaration
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
RSH
PrimaryRegulator of Social Housing
Regulates registered providers of social housing in England. Sets and enforces standards for governance, financial viability, and consumer outcomes including safety, quality, …
Government's housing delivery agency. Provides funding, land, and expertise to deliver new homes. Administers affordable housing programmes, Help to Buy, and strategic …
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