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The Section 157 restriction applies to properties sold by North Norfolk District Council before March 2006 through the Right to Buy.

The restriction only applies to properties in the rural parts of North Norfolk and to properties which fall within one of the Areas of Outstanding Natural Beauty.  The restriction requires that any disposal is to an eligible person who has lived and/or worked in Norfolk for the immediately preceding three years.  As the Council imposed the restriction, it is required to approve all disposals to an eligible person, a disposal can be by way of a sale or by letting the property.

The Council considers that the Section 157 restriction provides a pool of more affordable properties available for purchasers who have connections through residence or work to Norfolk and therefore will not remove the restriction from a property which is subject to it.  However, the restriction should not prevent a property from being sold and so the Council will consider requests on a case by case basis to waive the restriction to allow the disposal of a property subject to the restriction to a person who does not meet the terms of the restriction. 

Making an application to waive the restriction

Applications to waive the restriction can be made:

  • Firstly, based on the personal circumstances of the potential purchaser and the length of their connections to Norfolk by residence or work.
  • Secondly, because that the property has been marketed at a price which reflects the restriction for a period of at least 12 months.

Guidance on making an application to waive the restriction - personal circumstances

When considering applications to waive the restriction based on personal circumstances, the length of the potential purchaser/tenant connections through residence and/or employment (paid) to Norfolk will be considered, however, other criteria, such as the type of employment or wider benefits of the potential purchaser to the community, or family connections cannot be taken into account. 

To consider a request based on the personal circumstances of the potential purchaser/tenant, the following information is required:

  • Details of the property (including the sales/rental particulars which can be provided as a link to a website where they are available to view)
  • Full address of the property
  • Confirmation of whether or not an offer has been made and accepted
  • The names of the intended purchaser/tenant
  • Confirmation that that the purchaser/tenant will, if the restriction is waived, live in the property as their main or principal home
  • Details of all connections to Norfolk by residence and/or employment including the dates (month and year) of residence and/or employment in Norfolk and the location of the residence and/or employment.

A request to waive the restriction based on personal circumstances must be made by the potential purchaser of the property, or for rented properties a request should be made by the owner of the property, with the consent of the proposed tenant.

Guidance on making an application to waive the restriction - marketed for at least 12 months

When considering requests to waive the restriction as the property has been marketed for at least 12 months and has not been sold or let, the Council will assess whether or not the property has been marketed at a price which reflects the restriction.  The Council will therefore commission an independent valuation of the property, this valuation is required to be paid for by the vendor and/or potential purchaser/tenant.  

If the valuation does show that the property has been marketed for at least 12 months at a price which reflects the restriction, the Council will waive the restriction.  If the valuation does not show that the property has been marketed for at least 12 months at a price which reflects the restriction, the restriction will not be waived until it has been marketed for at least 12 months at the appropriate value.

For requests based on the fact that the property has been marketed for at least 12 months at a price which reflects the restriction the following information is required:

  • Details of the property (including the sales/rental particulars which can be provided as a link to a website where they are available to view)
  • Full address of the property
  • Confirmation of whether or not an offer has been made and accepted
  • The names of the intended purchaser/tenant
  • Confirmation that the purchaser/tenant will, if the restriction is waived, live in the property as their main or principal home
  • Confirmation from the marketing agent of when marketing started
  • Details of the current asking price
  • Details of any changes in asking price, along with the date of the change and the details of the price changes.

Once this information has been received, a quotation for the valuation will be sought and shared with the person requesting that the restriction is waived.   Only following confirmation of whether the owner and/or the potential purchaser will pay for the valuation will the valuation be requested.

Requests to waive the restriction can be made by the owner and/or the potential purchaser/tenant.

In order to make a request for the restriction to be waived the information set out above as required should be sent to Nicola Turner by email at nicola.turner@north-norfolk.gov.uk or by writing to:

North Norfolk District Council
Council Offices
Holt Road
Cromer
Norfolk
NR27 9EN. 

Once all the necessary information has been received decisions will be made in conjunction with the Housing Portfolio Holder.

Please note that in some cases current or previous services in the regular or reserve forces can be taken into account.  For further information, contact Nicola Turner on 01263 516222.

Please note, that after considering all the facts of a case, if the Council decides to waive the restriction on a property to allow the disposal of that property to a purchaser or tenant who does not meet the requirements of the Section 157 restriction, the restriction will remain on the property and will apply to all future disposals (by sale or let).