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

September 29, 2017

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

Estate Agent Talk

Alterations can change a property’s rebuild cost

‘Don’t get caught short’ warning to homeowners from valuations experts – alterations can change a property’s rebuild cost Properties change over time. Homeowners may add an extension, upgrade a kitchen or bathroom, alter the layout, or even change how the building is used, but when do those changes mean it’s time for a new rebuild…
Read More →
Breaking News

HMO conversions hit investors for £82,000 on average

The average cost of converting a property into a house in multiple occupation (HMO) is estimated at more than £82,000 across England, according to new research by residential property management specialist, Rushbrook, although investors looking to avoid the conversion process have more than 2,500 existing licensed HMOs available to purchase. Rushbrook analysed HMO property listings across…
Read More →
Estate Agent Talk

Selling a HAUNTED house?

Property lawyer reveals whether you have to tell buyers about ghosts    HOMEOWNERS selling a property with a spooky reputation have been warned that its haunted history could come back to bite them if a nervous buyer starts asking questions. From unexplained footsteps and doors opening by themselves to tales of former residents refusing to…
Read More →
Breaking News

Renters call for greater transparency in HMOs

National findings released as 1 in 5 tenants report feeling unsafe at some point during their tenancy because of a housemate Rising housing costs pushing more people towards shared accommodation      42% of tenants received no information about their housemates before moving in 60% wish they had known more about who they would be living with…
Read More →
Breaking News

Housing Insight Report: August 2026

August’s figures reveal a housing market where activity continues, but buyers are taking a more cautious approach, making realistic pricing and negotiation increasingly important. Meanwhile, growing tenant demand and limited rental supply continue to create challenges across the lettings market, highlighting the different pressures facing buyers, sellers, landlords and renters. Nathan Emerson, CEO of Propertymark,…
Read More →
mycelium growth
Estate Agent Talk

How to spot and prevent damp and mould in your home

As temperatures fall and homes become more susceptible to condensation and moisture, Propertymark is urging tenants and homeowners to be aware of the signs of damp and mould and take action early to protect their homes and their health. Two-year-old Awaab Ishak died from a severe respiratory infection after being exposed to damp and mould…
Read More →