Section 17 Acquisition of land for housing purposes.C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16
England and Wales
A local housing authority F1, a combined authority or CCA, or a two-tier county council that is a strategic authority may for the purposes of this Part—
acquire land as a site for the erection of houses,
acquire houses, or buildings which may be made suitable as houses, together with any land occupied with the houses or buildings,
acquire land proposed to be used for any purpose authorised by sections 11, 12 and 15(1) (facilities provided in connection with housing accommodation), and
acquire land in order to carry out on it works for the purpose of, or connected with, the alteration, enlarging, repair or improvement of an adjoining house.
The power conferred by subsection (1) includes power to acquire land for the purpose of disposing of houses provided, or to be provided, on the land or of disposing of the land to a person who intends to provide housing accommodation on it F2or facilities which serve a beneficial purpose in connection with the requirements of persons for whom housing accommodation is provided.
Land may be acquired by a local housing authority F3, combined authority or CCA, or two-tier county council that is a strategic authority for the purposes of this Part by agreement, or they may be authorised by the Secretary of State to acquire it compulsorily.
A local housing authority F4, combined authority or CCA, or two-tier county council that is a strategic authority may, with the consent of, and subject to any conditions imposed by, the Secretary of State, acquire land for the purposes of this Part notwithstanding that the land is not immediately required for those purposes; but F5a local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority shall not be so authorised to acquire land compulsorily unless it appears to the Secretary of State that the land is likely to be required for those purposes within ten years from the date on which he confirms the compulsory purchase order.
Section 17A makes provision about the exercise of the function of acquiring land compulsorily under an authorisation under section 17(3) conferred on a combined authority or CCA or two-tier county council that is a strategic authority.
Annotations
Textual amendments
- F1
Words in s. 17(1) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 19 para. 6(2) (with s. 102)
- F2
Words in s. 17(2) inserted (24.9.1996) by 1996 c. 52, ss. 222, 232(2), Sch. 18 Pt. IV para. 24(1)
- F3
Words in s. 17(3) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 19 para. 6(3) (with s. 102)
- F4
Words in s. 17(4) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 19 para. 6(4)(a) (with s. 102)
- F5
Words in s. 17(4) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 19 para. 6(4)(b) (with s. 102)
- F6
S. 17(5) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 19 para. 6(5) (with s. 102)
Modifications
- C1
S. 17 applied (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 8(2)
- C2
S. 17 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 6(1)(m)(2), 15(1)(a)(i)(3) (with arts. 7, 8(3))
- C3
S. 17 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 19(1)(m)
- C4
S. 17 applied (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 21(2)
- C5
S. 17 functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 13 (with art. 28)
- C6
S. 17 applied (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 13(2)
- C7
S. 17: functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 11(1)(l)(2)(3) (with art. 12)
- C8
S. 17: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 8 (with art. 9(3), Sch. 1 para. 4(14))
- C9
S. 17 applied (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 9(2)
- C10
S. 17 applied (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 10(2)
- C11
S. 17: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 8 (with reg. 9)
- C12
S. 17: functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 35 (with art. 9)
- C13
S. 17: functions made exercisable concurrently (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 6 (with reg. 7)
- C14
S. 17: functions made exercisable concurrently (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 7, 9(1) (with reg. 8)
- C15
S. 17: functions made exercisable concurrently (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 6, 8(1) (with reg. 7)
- C16
S. 17: functions made exercisable concurrently (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 16
- C17
S. 17(3): functions made exercisable (7.5.2024) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(3), 27(1)-(3)
Notes on Part II
Modifications
- C1
Pt. II (ss. 8–57): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)
- C2
Pt. II (ss. 8-57) restricted (19.8.1996) by 1996 c. 49, s. 9(4)(a); S.I. 1996/2127, art. 2, Sch. Pt. I