Part 5 of the Housing (Miscellaneous Provisions) Act 2009 was commenced on 18 June 2018 and provides the statutory basis for the provision of affordable housing for purchase.
On 12 March 2019, I signed the Housing (Miscellaneous Provisions) Act 2009 (Part 5) Regulations 2019. These regulations deal with the order of priority for the allocation of affordable homes and the preparation of a 'Scheme of Priority' by each local authority.
People who are not residing in a local authority area are not excluded from making an application for an affordable home in that local authority area. It is open to all eligible persons to apply under the affordable housing scheme on the basis of need.
However, in accordance with what is laid down in the aforementioned regulations, where at any point in time, the local demand for affordable housing units may exceed supply, a system of prioritisation is required. In such situations, the regulations seek to provide a transparent and balanced framework for the allocation of available affordable housing units. As such, the framework prioritises applicants in a number of ways. This includes those who have been residing in the administrative area for a period of up to 12 months preceding an application, where an applicant or any member of their household is attending school, college or university in the administrative area, and where an applicant or any member of their household is working in the administrative area.
Within a Scheme of Priority, it is a reserved function of each local authority to specify their own distance requirements in relation to the places of education and employment for applicants and members of their households.
