Standard Affordable Housing Obligations
“Affordable Housing Units”
means 45/50% of the total number of Dwellings to be constructed as part of the Development or other such reduced percentage as may be approved by the Council as part of the Affordable Housing Scheme having regard to a Viability Assessment (if any) such Affordable Housing Units to be provided in accordance with the Affordable Housing Scheme and subject to paragraph 1.7 of the Third Schedule to be protected in perpetuity as affordable housing or if sold (through any statutory scheme or where an occupier of Intermediate Housing staircases to 100% ownership) any receipt is to be reinvested in the provision of affordable housing in the North Norfolk district. The Council to be advised when this occurs and where monies have been used to provide replacement affordable housing.
means social rented, affordable rented and intermediate housing, provided to eligible households whose needs are not met by the market. Eligibility is determined with regard to local incomes and local house prices.
“Affordable Housing Scheme”
means the scheme submitted pursuant to paragraph 1.1 of the Third Schedule showing the number, tenure, location and size of Affordable Housing Units to be provided as part of the Development and the programme and timetable for provision of the Affordable Housing Units such scheme to be agreed by the Council having regard to a Viability Assessment (if any)
“Affordable Housing Tenure Mix”
means the tenure mix of Affordable Housing Dwellings to be provided as part of the Development, subject to viability being:
- 80% of the Affordable Housing Dwellings to be provided as Affordable Rented ; and
- 20% of the Affordable Housing Dwellings to be provided as Intermediate Housing.
- or such other tenure mix as is approved by the Council as part of the Affordable Housing Scheme having regard to a Viability Assessment (if any)
“Affordable Rented Housing”
Means Affordable Housing Units which are to be let by local authorities or a Registered Provider to households who are eligible for social rented housing at a rent which is no more than 80% of the local market rent (including any service charges) or in the event that there is a change in national policy affecting the definition of Affordable Rented Housing such alternative rent levels as may be agreed in writing between the Owner and the Council having regard to the relevant change in national policy.
Any mortgagee or charge of the Registered Provider or the successors in title to such mortgagee or charge or any receiver or manager (including an administrative receiver) appointed pursuant to the Law of Property Act 1925
“Completed Open Market Dwelling”
means an Open Market Dwelling which has been issued with a Building Control Completion Certificate.
“Homes and Communities Agency”
Means the Homes and Communities Agency of Central Business Exchange II, 406-412 Midsummer Boulevard, Central Milton Keynes, MK9 2EA; or such successor statutory body that funds and regulates Registered Providers.
means Affordable Housing Units for sale and rent provided at a cost above social rent, but below market levels which meet the definition of Affordable Housing which may include Shared Ownership and equity products, other low cost homes for sale and intermediate rent but not Affordable Rented Housing
an agreement securing the Council’s right to nominate to the Registered Provider persons from the Council’s Housing Register to whom the affordable housing will be occupied.
any tenant who:
- has exercised the right to acquire pursuant to the Housing Act 1996 or any statutory provision for the time being in force (or any equivalent contractual right) in respect of a particular Affordable Housing Dwelling
- has exercised any statutory Protected Right to Buy (or any equivalent contractual right) in respect of a particular Affordable Housing Dwelling
- has been granted a Shared Ownership lease by a Registered Provider in respect of a particular Affordable Housing Dwelling and the tenant has subsequently purchased from the Registered Provider all the remaining shares so that the tenant owns the entire Affordable Housing Dwelling
- has purchased a Shared Equity Dwelling and has purchased the retained shared from the Registered Provider or the Council.
A registered provider of social housing as defined in Chapter 3 of Part 2 of the Housing and Regeneration Act 2008 who is registered with the Regulator and has not been removed from the register.
means the Homes and Communities Agency or its successor in title or any other agency established by Government to be the regulator of Registered Providers.
means the sale and transfer of a Completed Open Market Dwelling.
Means Intermediate Housing which is to be purchased on a shared ownership basis
Means an assessment of the financial viability of the Development to be prepared on behalf of the Owner and submitted to the Council when the Owner states that it is not viable to provide the full requirement of Affordable Housing Units such viability assessment to be an open book appraisal providing accurate and robust data reflecting the costs and incomes incurred and anticipated in relation to this development.
THIRD SCHEDULE (SCHEDULE FOR AFFORDABLE HOUSING)The Owner’s Covenants with the Council
1.1 Prior to submission of a reserved matters application pursuant to the Planning Permission the Owner shall submit for approval by the Council an Affordable Housing Scheme.
1.2 To transfer the Affordable Housing Units in accordance with the Affordable Housing Scheme to a Registered Provider in accordance with paragraphs 1.4 and 1.5 of this Schedule without recourse to the provision of public subsidy from the Council or the Homes and Communities Agency or other public body.
1.3 The Affordable Housing Units shall be designed and constructed in accordance with the Homes and Communities Agency’s Design and Quality Standards or to a standard that is demonstrated to be acceptable to the Registered Provider due to take transfer of the Affordable Housing Units and subject to the Council’s prior written consent.
1.4 Not to cause permit or allow the Occupation or Sale of fifty per cent (50%) of the Open Market Dwellings until fifty per cent (50%) of the Affordable Housing Units have been completed and transferred to a Registered Provider.
1.5 Not to cause permit or allow the Occupation or Sale of the final Open Market Dwelling until all of the Affordable Housing Units have been completed and transferred to a Registered Provider.
1.6 The Registered Provider as successor in title to the Owner upon taking transfer of the Affordable Housing Units shall enter into a Nominations Agreement with the Council in respect of the Affordable Housing Units.
1.7 From the date of Practical Completion of the Affordable Housing Units they shall not be used other than for Affordable Housing save that this obligation shall not be binding on:
1.7.1 any Protected Tenant or any mortgagee or chargee of the Protected Tenant or any person deriving title from the Protected Tenant or any successor in title thereto and their respective mortgagees and chargees; or
1.7.2 any Chargee provided that the Chargee shall have first complied with the Chargee’s Duty at paragraph 1.8 of this Schedule
1.7.3 any purchaser from a mortgagee of an individual Affordable Housing Unit pursuant to any default by the individual mortgagor.
1.8 The Chargee shall prior to seeking to dispose of the Affordable Housing Units pursuant to any default under the terms of its mortgage or charge shall give not less than 2 months’ prior written notice to the Chief Executive of the Council of its intention to dispose and:
1.8.1 in the event that the Council responds within 2 months from receipt of the notice indicating that arrangements for the transfer of the Affordable Housing Units can be made in such a way as to safeguard them as Affordable Housing then the Chargee shall co-operate with such arrangements and use its reasonable endeavours to secure such transfer
1.8.2 if the Council does not serve its response to the notice served under paragraph 1.8.1 within the 2 months then the Chargee shall be entitled to dispose free of the restrictions set out in this Schedule
1.8.3 if the Council or any other person cannot within 1 month of the date of service of its response under paragraph 1.8.1 secure such transfer then provided that the Chargee shall have complied with its obligations under paragraph 1.8.1 the Chargee shall be entitled to dispose free of the restrictions set out in the Third Schedule PROVIDED THAT at all times the rights and obligations in this paragraph 1.8 shall not require the Chargee to act contrary to its duties under the charge or mortgage and that the Council must give full consideration to protecting the interest of the Chargee in respect of moneys outstanding under the charge or mortgage
1.9 In the event that no Registered Provider can be found to whom the Affordable Housing Units can be transferred in accordance with the Affordable Housing Scheme the Owner will inform the Council in writing no later than two (2) months from the Commencement of Construction of the first Affordable Housing Unit that it has not been possible to contract with a Registered Provider for the delivery of the Affordable Housing Units.
The Owner will provide evidence as reasonably required by the Council of its attempts to contract with a Registered Provider for the delivery of the Affordable Housing Units. The Owner and the Council will then work together to agree an alternative scheme for the delivery of the Affordable Housing Units for the Development exploring all available options to deliver the Affordable Housing Units.
1.10 In the event that an alternative option to deliver the Affordable Housing is required through the operation of paragraph 1.9 the resolution to deliver the Affordable Housing required for the Development shall be documented in a deed of variation pursuant to section 106A of the Act varying the terms of this Deed such document to be approved by the Council and the Owner and executed and delivered as a deed as soon as reasonably possible thereafter and the parties shall implement the variation.
FIFTH SCHEDULECouncil’s Covenants with the Owner
1.1 Following approval of the Affordable Housing Scheme the Council shall attach a copy of the approved scheme to the original of this Deed.
Application or Appeal Enquiries: 01263 516150 / 516151 / 516143 / 516167
Enforcement Enquiries: 01263 516247 / 516228