The Housing (Empty Dwelling Management Orders) (Prescribed Period of Time and Prescribed Requirements) (England) (Amendment) Order 2026
Shortened the required vacancy period for empty home management orders and removed specific administrative requirements for council applications.
This Order reduces the time a dwelling must be unoccupied before a local housing authority can apply for an interim Empty Dwelling Management Order (EDMO) from two years to six months.
It removes certain administrative requirements that local authorities were previously required to meet when submitting applications to a residential property tribunal.
These changes apply to local housing authorities in England for any new applications submitted on or after 5 November 2026.
Arguments For
The order restores the statutory minimum period for a dwelling to be unoccupied before an interim EDMO can be sought to six months, as originally specified in the Housing Act 2004.
The document indicates that by removing additional requirements and shortening the vacancy period, the process for local housing authorities to secure the occupation of empty dwellings is streamlined.
Proponents may state that reducing the vacancy threshold allows for earlier intervention by local authorities to bring empty homes back into use.
Arguments Against
Legal scholars might note that the reduction from a two-year to a six-month vacancy threshold increases the speed at which local authorities can interfere with private property rights.
Property owners may express concern that the removal of specific prescribed requirements reduces the procedural hurdles local authorities must clear before seeking tribunal authorization.
Implementation difficulties could arise for residential property tribunals if the lower threshold leads to a significant increase in the volume of interim EDMO applications.
Citation, commencement, extent and application
- -(1) This Order may be cited as the Housing (Empty Dwelling Management Orders) (Prescribed Period of Time and Prescribed Requirements) (England) (Amendment) Order 2026.
- (2) This Order comes into force on 5th November 2026.
- (3) This Order extends to England and Wales and applies in relation to England only.
This section establishes the official title of the instrument and sets the date it becomes legally active as 5 November 2026.
While the order extends to the legal jurisdiction of England and Wales, its practical application is limited to dwellings and authorities located in England.
Amendment to the Housing (Empty Dwelling Management Orders) (Prescribed Exceptions and Requirements) (England) Order 2006
- In article 4(1) of the Housing (Empty Dwelling Management Orders) (Prescribed Exceptions and Requirements) (England) Order 2006( b ) (prescribed requirements)-
- (a) insert 'and' after sub-paragraph (b)(iv);
- (b) insert 'and' after sub-paragraph (b)(v);
- (c) omit sub-paragraphs (b)(vi) and (b)(vii)( c ).
This article modifies the 2006 Order by deleting two specific requirements that local authorities previously had to satisfy when applying for an interim EDMO. By omitting sub-paragraphs (b)(vi) and (b)(vii), the order reduces the total number of conditions a local authority must demonstrate to a tribunal.
Amendment to the Housing (Empty Dwelling Management Orders) (Prescribed Period of Time and Additional Prescribed Requirements) (England) (Amendment) Order 2012
- Omit article 2 of the Housing (Empty Dwelling Management Orders) (Prescribed Period of Time and Additional Prescribed Requirements) (England) (Amendment) Order 2012( d ) (prescribed period of time).
This section removes the 2012 regulation that had extended the required vacancy period to two years.
The legal effect of this omission is to revert the minimum unoccupancy period to the six-month timeframe established in the primary legislation, the Housing Act 2004.
Transitional Provision
- The provisions in articles 2 and 3 shall not have effect in relation to applications for interim EDMOs( a ) submitted to the residential property tribunal( b ) for authorisation under section 134 of the Housing Act 2004 (authorisation to make interim EDMOs) before the day on which this Order comes into force.
This provision ensures that any applications for interim EDMOs already submitted to a tribunal before 5 November 2026 are processed under the old rules.
The new six-month unoccupancy period and reduced requirements only apply to applications filed on or after the commencement date.
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