Commentary on Sections The Homes and Communities Agency and other bodies
159.From April 2015, the Homes and Communities Agency (HCA) is taking on a new role as the land disposal agency for Government in England (outside of London). In London this role will be carried out by the Greater London Authority (GLA).
160.Until this Act, land held by an arm’s length body of a government department could not transfer directly to the HCA. Instead it first transferred to the sponsor Department, before being transferred to the HCA. This method required two independent legal processes. Section 31 amends the Housing and Regeneration Act 2008 (HRA 2008) and the Greater London Authority Act 1999 (GLAA 1999) in order to allow the direct transfer of land held by arm’s length bodies to the HCA or the GLA.  Only land identified as no longer required will transfer to the HCA or the GLA. The transferring body must give consent to the transfer before this can take place.
161.The HCA, the GLA and Mayoral development corporations (MDCs) have powers to override third-party rights and restrictions (such as easements and restrictive covenants) affecting their land.  However, once any freehold interest in that land is sold, these powers cease to be available and so cannot be used by any purchaser and these interests can no longer be overridden.
162.Section 32 amends the HRA 2008, GLAA 1999 and Localism Act 2011 to ensure future purchasers of land owned by the HCA, the GLA (or a company or body carrying out housing or regeneration functions on the GLA’s behalf) or an MDC will be able to develop and use that land without being affected by easements and other rights and restrictions. This is regardless of whether they have purchased a freehold or leasehold interest in that land. Section 32 will allow purchasers of land from these bodies to achieve parity with buyers of land belonging to local authorities and other public bodies involved in regeneration and development (such as housing action trusts and urban development corporations). It will not apply in relation to any freehold interest in land which is sold before the commencement of section 32.