References in conveyancing documents relating to Section 19 of the Housing Act 1980 and Sections 37 and 157 of the Housing Act 1985 (as amended) are more commonly known as the Derbyshire Clause or the Peak District Clause. Section 19 and 157 relate to former Council houses and Section 37 relates to private houses with a restrictive clause attached.
On 16 March 2006 the Partnership & Regeneration Committee of the Derbyshire Dales District Council resolved to provide delegated authority to the Head of Democratic Services to five consent in accordance with the following guidelines:
- Consent will automatically be given to a person who has lived or worked within Derbyshire or the Peak District National Park for a period of three years before the transaction.
- Consent will be given where a person has a local connection with the area and is returning to the area to care for another relative.
- Consent will be given to registered social landlords whose stated aim is to provide housing for those satisfying the qualifying criteria. Consent will also be conditional on compliance with this requirement.
- All other cases will be referred to Members (Councillors) for the exercise of their discretion
- Consent will be given to members of the armed forces, with a local connection, to living in the area
Section 157 of the Housing Act 1985 (as amended), states that any person wishing to purchase a former Council property with a restriction under this Act must satisfy certain criteria. This means they must have lived or worked preceding the application for consent. If the property is purchased jointly, only one of the purchasers need to comply with the provision of Section 157 of the Housing Act 1985 (as amended).
Any new purchaser of a property with a clause of this type will be required to obtain a letter of consent from the District Council to enable them to register the property at the Land Registry.
Making a request
Please note, when applying for consent, the proposed purchaser should supply sufficient evidence to support their request (for example, utility bills, bank statements etc. for the required 3 year period or a letter to confirm employment for the required period from their employer (on headed paper). Please note the evidence must show their name and address and they should provide approximately four pieces of evidence for each year to show continual residency.
Any request under this Act should be made to the Legal section, Tel 01629 761113 or email@example.com.
List of towns and villages with Derbyshire Clause attached
This clause only applies to former Council properties within the Peak Park boundary and in the northern part of the district of Derbyshire Dales (example Bakewell, Hathersage, Youlgreave). Properties in central and southern parts of the district do not have this clause imposed (example Matlock, Wirksworth, Ashbourne).
- Ashford in the Water
- Bradford Dale
- Earl Sterndale
- Fenny Bentley
- Great Longstone
- Middleton by Youlgreave
- Over Haddon
- Stanton in Peak
- Stoney Middleton