Guidance

Designated Protected Areas

Guidance for the provision of affordable housing in designated protected areas and local authority waiver form.

Detail

Regulations are in place to ensure that rural affordable housing – specifically grant-funded shared ownership properties - remains in the ownership of local people. Where that is the case, providers are required to offer grant-funded shared ownership properties with a lease that contains provisions either:

  • to restrict staircasing to no more than 80%
  • or that in instances where the leaseholder is permitted to acquire more than 80% (i.e. up to full ownership), then there is an obligation on the landlord (or a designated alternative landlord) specified in the lease that commits them to repurchase the property when the leaseholder wishes to sell

The protected areas HCA explanatory note contain more information about legislation related to Protected Areas. A list of protected areas is available. Some of these are defined by entire Parish or local authority areas and others are designated by specific maps. Where they are designated by maps you may request a particular map from the relevant HCA area team:

The HCA has agreed that under certain conditions, it is able to waive the particular conditions of grant relating to designated protected area status. All other conditions of grant would remain. Such an application must be made by a local authority.

The designated protected area waiver form contains more details on this policy and it sets out the procedure that can be used by local authorities to apply for waiver of grant conditions.