Shelter reveals legal loophole has been used by housing developers to avoid building 706 social homes.

New research from Shelter reveals that a legal loophole has been used by housing developers to avoid building 706 social homes in Kensington and Chelsea – more than enough to house families made homeless from the Grenfell tower fire.

The research reveals that despite being required by local planning policy these homes haven’t been built in large part due to a legal loophole, called a “viability assessment”. Developers first win planning permission by promising they will build a chunk of affordable homes in the scheme. But they can then come back to the council to say they can’t build the affordable homes as it would reduce their profit margin, using a secret viability assessment to support their argument. The result is that they end up not having to deliver the affordable housing promised.

In Kensington and Chelsea the loophole has been used by developers to reduce the amount of affordable housing from the council’s policy target of 50% to only 15% on those schemes. This gap between the council’s target and what was eventually permitted is equivalent to 831 affordable homes, of which 706 would have been social homes, which have not been built.

So far the vast majority of families have not been rehoused following the Grenfell tower fire, according to the latest government figures. At a time when affordable housing is needed across the country more than ever, Shelter is calling on the government to change the law so big developers can no longer use the loophole to boost profits.

 

Shelter chief executive, Polly Neate, said: “At a time when we desperately need more affordable homes, big developers are allowed to prioritise their profits by building luxury housing while backtracking on their promises to build a fair share of affordable homes.

“The government must make sure we treat affordable housing commitments as cast iron pledges, rather than optional extras, and act now to close the loophole that allows developers to wriggle out of building the affordable homes this country urgently needs.”

 

Allen Walkey

Highly experienced businessman with a successful career in property sales and investment both in the UK and abroad. Now a freelance writer and blogger for the property and Investment Industry, keeping readers up-to-date with changes and events in a rapidly changing world.

You May Also Enjoy

can you drink tap water
Letting Agent Talk

What tenants really want from a HMO in 2026

By Allison Thompson, Chief Lettings Officer, Leaders part of LRG   Houses in Multiple Occupation (HMOs), also referred to as multi-lets or room rentals, have come a long way in the past couple of decades. Once thought of as very much at the bottom of the accommodation pile, with a reputation for being sub-standard, many…
Read More
Estate Agent Talk

Rethinking Property Transactions Starts with Communication

By Cara Stanbridge, Head of Relationship Management at Nova Legal   Across the UK property market, transactions are in turmoil. Ongoing economic pressures are impacting house prices, mortgage deals, and overall demand, reflecting the uncertainty nationwide. In fact, a recent study found that for those who are taking the plunge to buy or sell this year,…
Read More
Breaking News

B2L mortgage costs climb 64% in a decade

The latest research from London lettings and estate agent, Benham and Reeves, has revealed that the average monthly cost of a buy-to-let mortgage has climbed by as much as 64% over the last decade, as landlords continue to face mounting financial pressure alongside sweeping reforms introduced via the Renters’ Rights Act.   Benham and Reeves…
Read More
Breaking News

Breaking Property News 13/5/26

Daily bite-sized proptech and property news in partnership with Proptech-X.   Renters’ Rights Act: What Estate Agents Need to Understand About the Tenant Impact   Author Andrew Stanton Editor EAN   The Renters’ Rights Act represents the biggest structural shift to the private rented sector in decades, and while much of the conversation has focused…
Read More
Breaking News

First-time buyers bear the brunt of mortgage mayhem

Moneyfacts UK Mortgage Trends Treasury Report data reveals that despite mortgage turmoil easing in April, first-time buyers remain under pressure from reduced choice and stretched affordability. Mortgage product choice has contracted by around 10% since the start of March, with higher loan-to-value deals (10% or less deposit or equity) falling by 14%, a blow to…
Read More
Breaking News

Breaking Property News 12/5/26

Daily bite-sized proptech and property news in partnership with Proptech-X.   Commercial real estate is entering a new era powered by artificial intelligence CRE is now powered by artificial intelligence, automation, smart data, and digital-first workflows. For decades, the industry relied heavily on spreadsheets, disconnected systems, and manual administration. Today, technology is becoming central to…
Read More