Written evidence submitted by Publica Group Ltd [DPH 011]
Response on behalf of Cotswold, Forest of Dean and West Oxfordshire District Councils.
What can the Government do to ensure disabled residents across England have access to accessible and adaptable housing?
In December 2020, the government consulted on raising the accessibility standards for new homes by amending the building regulations so that M4(2) – accessible and adaptable dwellings of building regulations became the default expectation for new homes.
When ministers responded, to the consultation in July 2022, they announced that M4(2) – accessible and adaptable dwellings would become the default expectation for new homes and would consult upon proposed amendments to the building regulations to enable this to happen. To date no consultation has taken place on amending building regulations so that M4(2) – accessible and adaptable dwellings become the minimum building standard for new homes. Amending the building regulations so that M4(2) becomes the minimum building standards for new homes will increase opportunities for disabled residents across England to have access to accessible and adaptable housing.
There will be households with disabled residents particularly wheelchair users who require higher level adaptations in their property. The introduction of a minimum volume for all new built homes to be built to M4(3) – wheelchair user dwellings, will help meet the need of those households. It is considered this should be set around 5 -10% with an option for local authorities to set a higher % requirement where evidence shows this is justified. Doing this will also enable Local Authorities to respond to meeting such need as it would negate the issue of requiring such provision through planning policies as highlighted below.
Government has a strategic delivery role via Homes England and the funding Homes England awards for the building of new affordable homes. Currently the Homes England affordable housing funding programme has no target for the provision of Category 2 M4(2) and Category 3 M4(3) housing but does contains targets for things such as the provision of rural housing. Government could require a certain percentage of new homes delivered through its affordable housing programme achieve Category 2 M4(2) and Category 3 M4(3) housing.
Consideration to amending the bedroom tax to better enable the delivery of accessible and adaptable housing for disabled residents. We have sought to help two residents, via the purchase of new build accommodation, who required an either a through floor lift or a downstairs bedroom to meet their need. This meant looking at larger size properties with more bedrooms than they required but needed to facilitate the adaptations they needed. Due to the narrow reasons which are currently applied for exceptions to the bedroom Tax in relation to households requiring an extra bedroom, this would have meant that they would have had a shortfall in their housing benefit which was not considered feasible long term and so we were not able to proceed ahead with this option. If the bedroom tax was amended to include such exemptions where the local authority can demonstrate the reason why the local authority has sought to provide a larger property may help increase the opportunity for off the shelf purchases and new build to accommodate new build dwellings to accommodate the housing needs of people with disabilities.
Does the National Planning Policy Framework ensure the Equality Act 2010 is complied with when building housing?
No. The National Planning Policy Framework (NPPF) sets a requirement for local authorities to undertake Local Housing needs assessments (LHNA) to calculate the minimum number of homes needed including the housing needed for different groups in the community such as people with disabilities. Based on outcomes of the LHNA local authorities should then seek to develop planning policies to help meet this identified need.
Whilst the NPPF sets out an expectation for the development of policies to help meet the housing need of people with disabilities, it is recognised such policies will be contained within local plans which often have a long and difficult adoption process. With several local plans not actually having up-to-date fully adopted Local Plans, then policies to help meet this identified need do not actually come to fruition and the delivery of homes for people with disabilities as intended by the NPFF.
Since the Government consultation ‘Raising accessibility standards for new homes’ (July 2022), what has been done to improve housing provisions for disabled residents in England? And has it been sufficient?
From a new delivery and planning perspective we are not aware of anything materially being done by government to improve housing provisions for disabled residents in England. The government has failed to initiate their intention to consult upon amend building regulations so that M4(2) – accessible and adaptable dwellings would become the default expectation for new homes.
Local authorities will seek subject to viability and having an appropriate policy in place. appropriate levels of Category 2 M4(2) and Category 3 M4(3) housing from new residential developments. the implementing of M4(2) as the minimum building regs requirement would turbo-charge such provision and significantly improve housing provisions for disabled residents.
What role should the Government, Local Authorities and developers have for ensuring the delivery of suitable housing for disabled people?
Government has a funding role providing funding to local authorities for Disabled Facilities Grants (DFG) so that people can have adaptations to their properties to help them to remain living independently in their own home for longer. Government also has role in ensuring that the maximum amount of mandatory Disabled Facilities Grant that can be awarded per an individual claim remains meaningful and realistic to achieve the required works. We are mindful that for larger DFG applications which will require more work including extensions, coupled with increasing build costs these can often be well more than the maximum £30k of mandatory Disabled Facilities Grant that can be awarded per a DFG.
Local Authorities have both the strategic function as mentioned here in understanding local need and then developing and implementing policies that would see the devilry of adapted and adaptable housing as well as wheelchair accommodation. Local authorities also have a role in allocating houses to those households requiring such accommodation. The local authority will also have role in administering the allocation and works associated with individual Disabled Facilities Grant application. This would also include providing assistance and support in helping people choose the right housing options for themselves.
Developers and Registered Providers should seek to provide an element of adapted housing on new developments and not seek to negotiate no provision due to the inability of a council to put in place an adopted local plan or on grounds of viability.
Does the Disabled Facilities Grant fully support housing adaptations?
Many referrals received for DFG applications are increasing in complexity and require more work including extensions. With increasing build costs these can often be well more than the maximum £30k of mandatory Disabled Facilities Grant that can be awarded per a DFG. Government needs to consult with Local Authorities about increasing the mandatory level and in addition review the amount awarded to individual authorities. Building an extension costing £120k and funding through a DFG is not sustainable.
How can the Government ensure it provides sufficient provisions to support disabled residents who do not live in new build homes?
See above comments regarding the maximum amount of DFG award also bedroom tax implications.
It would be beneficial to involve developers, housing associations and the local authorities to identify and address the housing needs of disabled people in the community.
What can the Government do to support disabled tenants in the private rented sector?
Provide clearer communication via local authorities to both tenants and landlords concerning the rights of tenants to have Disabled Facilities Grant works done to their property.
A problem for private tenants can be where works of adaptation involve structural changes is the condition that the disabled occupier intends to live in the property as their only or main residence for at least five years. Most private tenancies will only give tenants the right to live in the property for 6 or 12 months.
The government could consider reducing the residency period to encourage greater take up of DFG ‘s by private landlords.
There is a severe shortage of adapted properties (and properties which are suitable to be adapted) for disabled people across all three of our Districts, particularly bungalows which are pretty much non-existent.
In addition to social housing and private sales, a percentage of all new builds should be designed and built for the benefit of disabled people; family homes built with ground floor sleeping e.g three bed bungalows or houses with a ground floor bedroom.
September 2023