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

Rightmove logo
Breaking News

Richmond upon Thames crowned 2026’s happiest place to live

Richmond upon Thames has been crowned the happiest place to live in Great Britain, reclaiming the top spot after winning in 2023 and finishing second last year In second place is Harrogate in Yorkshire and the Humber, and in third place is Cirencester, Gloucestershire in the South West Kirkcaldy is the happiest place in Scotland,…
Read More →
Estate Agent Talk

What the sector must do differently to engage with young people

By Neil Louth – Group Executive Director, LRG and CEO, Acorn Group The property sector needs to start by recognising that younger buyers are not simply less committed to homeownership. Many still want the security and long-term stability it can offer, but they are making that judgement in a very different market. Deposits take longer…
Read More →
Breaking News

Persistent decline to give way to recovery in 2027

Glenigan’s Autumn 2026 Construction Forecast maintains that sector growth will revive in 2027, despite a challenging year of market stagnation Following a sluggish end to 2026, construction is set to rebound from 2027 onwards as public sector building increases Significant value gains expected for health, education, civils, offices and data centre projects Private and social…
Read More →
Estate Agent Talk

The Plumbing and Electrical Problems That Quietly Kill Sales and Lettings

We’ve all had one of these. The offer’s agreed. Everyone’s happy. The memorandum of sale has gone out, and you’re already mentally banking the fee. Then the buyer’s survey comes back. “Electrics appear dated. Recommend inspection by a qualified electrician.” And just like that, the mood changes. The buyer starts asking about a reduction. The…
Read More →
Breaking News

Rental price and average salary tracker – October 2026

Rental prices rise across most regions as affordability pressures persist Average monthly rents increased in eight of the 11 regions between September and October, with Wales recording the largest rise at 31.1%, followed by the North East at 29.8% and the South West at 7.5%. Scotland, London and the North West were the only regions…
Read More →
Letting Agent Talk

Portfolio landlords have outgrown traditional property management

By Adam Hills, Client Services Director, LRG Living Markets The residential lettings industry still manages many large portfolios as though they’re simply collections of individual tenancies. While that works on small portfolios, but it doesn’t work when landlords own 50, 100 or 200 properties. At that point, the challenge is no longer property management alone…
Read More →