Your property is empty, you no longer live there and you’re awaiting its sale. It’s easy to think you can put responsibility for it to the back of your mind, but that isn’t the case.
For as long as you continue to own the property or are acting as an executor of an estate, you still have certain legal responsibilities for it. That holds true whether it is a home that stands empty, awaiting the completion of probate, one that you have vacated while it is being renovated or awaiting its sale, or a let property that remains unoccupied when previous tenants have moved out but before new ones have moved in.
What are your legal responsibilities when a property is empty?
When the premises are empty, you have a continuing legal obligation to take every reasonable precaution to prevent others from being injured or having their property damaged. That duty of care extends not only to authorised visitors, neighbours, and passing members of the public, but even to intruders who attempt or have succeeded in gaining unauthorised access to your property. As a previous blog makes clear, alleged breaches of this duty of care may give rise to claims for substantial compensation.
What are some of the precautions you might reasonably take to keep people safe?
Examples of the measures you might take include:
- keeping doors and windows securely locked to prevent unauthorised access;
- maintaining the property in a good state of repair, such as fixing loose roof tiles or slates;
- repairing unsafe walls and stabilising unsafe structures. You should also consider protecting neighbouring properties against the risk of falling debris or leaks of water.
If you are renovating or refurbishing the property, or it has become structurally unsafe, building regulations and health and safety legislation oblige you to make it safe so that it does not risk injury to passing members of the public.
Even when the property is empty, you may still be liable to pay the appropriate rates of council tax and utility charges. If you have an outstanding mortgage, of course, you continue to be responsible for the repayments.
What maintenance does an empty property need?
In order to meet your legal responsibilities for the empty property, your broad aim may be summed up as a need to prevent its deterioration and maintain the premises in a good state of repair. How do you prevent damage in an empty property? That may involve some or all of the following measures:
- regular, logged inspections that aim to detect early signs of potential damage or deterioration;
- maintenance schedules that pay particular attention to vulnerable areas such as roofs, gutters, drains, and other rainwater goods;
- the early detection of leaks and any ingress of water;
- the maintenance of effective security β locked windows, doors, and other means of access;
- regular upkeep of the surroundings of the property, including its gardens, outbuildings, and boundaries; and
- the timely removal of rubbish.
These are suggestions for maintaining a reasonable level of care for an empty property, but an insurer may have more specific requirements. The frequency of inspections and maintenance requirements, for example, is likely to vary from one insurer to another.
Can the council take action against an empty property?
Empty property may be the subject of complaints from the surrounding community and may encourage crime and a general degradation of neighbourhoods.
Empowered by the relevant legislation, different councils may adopt their own measures for managing empty property and enforcing remedial action with respect, for example, to:
- nuisance β situations which threaten to disturb othersβ enjoyment of their property;
- unkempt or overgrown gardens;
- control of vermin; or
- maintenance of environmental and public health.
This raises the question of whether councils can force repairs to an empty property and whatever other enforcement powers it might put into action. Typically, however, councils are likely to encourage owners to take action before formal enforcement is pursued.
Some of the principal enforcement powers and the legislation which gives them effect include:
Building safety
- if an empty property becomes dangerous, a council can require the owner to make it safe by carrying out repairs;
- if there is an immediate risk to public safety, the council can carry out emergency repairs itself and recover the costs from the owner;
Environmental legislation
- under this legislation, councils have statutory nuisance powers to deal with a range of issues;
- these include infestations by vermin, the accumulation of rubbish, drainage overflows, and any other problems that amount to a statutory nuisance;
- owners who fail to carry out a remedial notice issued by the council may be prosecuted or the council can carry out the work itself and recover the costs from the owner;
Housing conditions
- the Housing Health and Safety Rating System (HHSRS) gives councils powers to issue improvement notices, prohibit occupation, or take emergency action if empty housing poses serious hazards;
Security and amenity notices
- councils are empowered to require owners to improve the security of empty properties if local amenities become degraded;
- improvement notices may be issued for the owner to secure doors and windows, remove overgrown vegetation, clear waste and rubbish, erase graffiti, and repair vandalism;
- if the owner fails to comply, the council may do the work itself and recover the costs from the owner;
Empty Dwelling Management Order
- in certain circumstances, a council may apply for an Empty Dwelling Management Order (EDMO), allowing it to take over the management of a long-term empty residential property without taking ownership;
- the principal aim of an EDMO is to bring the long-term empty property back into residential use;
- if the council succeeds in letting the property, the rental income is used to cover the management and repair costs;
Council tax premium
- homes that have been empty long-term may also be subject to a premium rate of council tax β which may be substantially higher than the standard rate;
- the amount of the premium is decided by the local authority within legislative limits and may be determined by factors such as the length of time the property has been empty;
Compulsory purchase
- as a last resort, councils may exercise their powers to seek a Compulsory Purchase Order (CPO) for the property;
- such Orders are reserved for empty and persistently neglected properties where compulsory purchase is judged β typically by a government minister β to be in the public interest.
Do you need insurance for an empty property?
Standard home insurance cover is likely to become inadequate the longer a property remains empty and unoccupied.
Because of the increased risks of loss or damage β through undetected maintenance issues and threats posed by vandals and intruders β the level of insurance cover typically becomes restricted or may even become invalid if the property has been unoccupied for 30 to 45 consecutive days (the exact interval depending on the particular insurer).
Because of those heightened risks, you should inform your insurer if the property is to become empty, and you may need to arrange specialist unoccupied property insurance to restore the necessary protection.
To ensure that you play your part in mitigating the risks of loss or damage, different insurers impose various conditions relating to the security of the unoccupied property, including regular inspections.
Frequently asked questions about empty properties
The following are some frequently asked questions about legal responsibilities for and insurance of empty property:
Is it illegal to leave a house empty in the UK?
- you are not breaking the law by leaving a property you own in the UK empty;
- however, there are various legal constraints β typically enforced by local authorities β to ensure that any empty property complies with public safety requirements and causes no statutory nuisance;
Can you leave a property empty indefinitely?
- it is not a legal offence to own a property that has been left empty indefinitely or over a long period of time;
- because of the general scarcity of housing and in order to bring back into habitation a long-term empty property, the local authority may apply for an Empty Dwelling Management Order;
What are the legal responsibilities of owning an empty property?
- as the owner of the property, you continue to have a duty of care to take all reasonable precautions to prevent injury or property damage to third parties β even towards those who may have gained unauthorised access;
- if you are found to be negligent, you may be held liable and ordered to pay substantial compensation by way of damages;
Does an empty property need specialist insurance?
- an empty property is vulnerable to heightened risks β maintenance issues that go undetected, vandalism, and other intruders;
- therefore, many insurers may restrict the cover available, apply additional policy conditions or, in some circumstances, withdraw certain cover once a property has been unoccupied beyond the period specified in the policy;
- to restore the protection your empty property continues to need, you may want to consider specialist, standalone unoccupied property insurance.
Next steps
If you own an empty property, you may wish to speak to a specialist insurance broker to clarify your legal responsibilities, understand your insurance options, and recognise any policy conditions that may apply.
Further reading:
- Guide to unoccupied property
- Unoccupied properties and escape of water: why itβs one of the biggest insurance risks
- Seasonal risks for empty homes: Why time of year matters for your unoccupied property insurance.
Disclaimer: This article is intended as a general guide only and should not be relied upon as legal or insurance advice. Legal responsibilities and local authority powers vary depending on the circumstances and the applicable legislation. Insurance requirements and policy conditions differ between insurers. Always check your policy wording and seek professional advice where appropriate.
