InformationS157 Advice for East Devon properties with a s157 Housing Act Restriction on the legal title

If you are considering purchasing or selling a property with this restriction on the legal title, it’s important to be aware of the implications. These restrictions typically limit who can purchase the property and may require consent from the Council if you wish to sell or transfer ownership. The purpose is to help maintain the availability of affordable housing within the rural communities of East Devon, particularly within the two AONBs of The Blackdown Hills and the East Devon AONB.

The restriction prevents registration of a transfer unless the requirements of section 157 have been satisfied and East Devon District Council has issued the necessary consent or certificate.

They do not apply to former Council homes in Exmouth, Sidmouth, Honiton or Seaton.

Purchaser

A potential Buyer should be advised that East Devon District Council's published policy is that a purchaser who has had their principal home or place of work in Devon, or a combination of the two, for the three years immediately preceding the purchase is entitled to consent. In the case of joint purchasers, only one purchaser is required to satisfy this criterion. Evidence is usually provided by way of a statutory declaration supported by appropriate documentary evidence, for example Council Tax invoices, a letter from a Devon council’s electoral registration service, appropriate utility bills, a letter from an employer or salary/wage slips for covering the appropriate period.

The Buyer should also be advised that the restriction will remain on the title following completion and may similarly affect any future disposal of the Property. The restriction was introduced to maintain the availability of housing for persons with a local connection to Devon and to discourage use as second homes or holiday accommodation.

Seller

The Seller should be advised that the restriction may limit the market for the Property and may affect transaction timescales because Council consent will usually be required before registration can proceed. Early contact should therefore be made with East Devon District Council to establish the current consent procedure and evidential requirements.

East Devon’s Legal Services cannot provide any specific legal advice to the individual property. If you require further, more comprehensive advice you should instruct your own solicitor.