The Housing (Empty Dwelling Management Orders) (Prescribed Exceptions and Requirements) (Wales) Order 2006

Explanatory Note

(This note is not part of the Order)

Chapter 2 of Part 4 of the Housing Act 2004 (“the Act”) deals with the making of interim and final empty dwelling management orders (EDMOs) which may be made by a local housing authority in respect of dwellings which are wholly unoccupied.

An interim EDMO is an order made by a local housing authority to enable it to take steps for the purpose of securing that a dwelling becomes and continues to be occupied. A final EDMO is made in succession to an interim EDMO for the purpose of securing that a dwelling is occupied. (Section 132 of the Act).

A local housing authority must make reasonable efforts to notify the relevant proprietor that they are considering making an interim EDMO and to ascertain what steps the relevant proprietor is taking, or is intending to take, to secure that the property is occupied. The making of such an order requires the authorisation of a residential property tribunal. A residential property tribunal will not authorise the making of an interim EDMO where it is satisfied that the case falls within a prescribed exception. (Section 133 of the Act).

Article 2 of this Order prescribes the exceptions for the purposes of a residential property tribunal’s authorisation.

Article 3 of this Order prescribes the additional requirements that a local housing authority must comply with when making an application to a residential property tribunal for authorisation of an interim EDMO.

A regulatory appraisal has been carried out in connection with this Order and is available from the Private Sector Unit, Department for Social Justice and Regeneration, Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ, e-mail: [e-mail]