TREASURY AND RESOURCES DEPARTMENT
PROPERTY HOLDINGS
Property Transaction for Ministerial Decision –
Minister for Treasury and Resources
Proposed Sale of :-
27 Oak Tree Gardens | St Helier |
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Purpose
To seek approval from the Minister for Treasury and Resources to allow the Public to sell the above property to the first time buyer detailed below in accordance with the Social Housing Property Plan 2007 – 2016 (P.6/2007) and Housing Ministerial Decision, (for ease of reference copy of the relevant Ministerial Decision is attached at Appendix 2).
Background
On 17 July 2007 the States approved P.6/2007, the Social Housing Property Plan 2007 – 2016. Section 3.7.4 empowered the Housing Department to sell certain properties as detailed in Appendix D2 of P6.2007.
As noted in MD-PH-2007-0087, advice has previously been obtained from both the Comptroller and Auditor General and the Solicitor General on the principles underlying these disposals. They have confirmed that on the basis of the information provided to them on the specific sale in question, that the transaction was in accordance with the policy approved by the States Assembly under P.6/2007.
The disposals detailed in this report follow the same principles as the disposal documented in MD-PH-2007-0087, and it is therefore considered that the advice received continues to be applicable to these circumstances. MD-PH-2007-0087 incorporates extracts of P6/2007, including section 3.7.1 and Appendix D for ease of reference. It is therefore not considered necessary to reproduce those extracts in this report.
It is noted that purchasers have been offered varying levels of discount as detailed below. It should also be noted that the Minister for Housing can offer different discounts (anywhere between 0% and 25%) on any property sold under P.6/2007 which also states that “a buyer who could afford to pay the full price would be encouraged to do so…”. Accordingly these individual transactions do not set a precedent for any future transactions.
On 24 August 2007 the Minister for Housing adopted MD-H-207-0057 “Valuation Policy for sale of homes in accordance with the Property Plan”. All valuations, to be provided by a suitably qualified independent Chartered Surveyor and will be valid for a maximum of 6 months up to the passing of the sale contract through the Royal Court. If contracts are not passed the property will be re-valued and the purchaser will be given the opportunity to purchase at the new value.
The properties are all sold with first time buyer conditions attached in perpetuity and have been valued in accordance with the Housing Ministers’ Valuation Policy as detailed in MD-H-2007-0057. It is also agreed that a condition of sale is that the property shall only be used as a single residential dwelling (or other such appropriate wording agreed with the Law Officers Department).
Property Holdings acknowledge that for sales on mixed tenure Estates, there will be a requirement to identify all communal areas with associated maintenance liabilities and costs and, accordingly, contractual provisions will be included in the sale contract. It will be necessary for a Property Owners Residents Association to be established and registered in the Royal Court, prior to any individual sales completing. Once registered, all communal areas will be transferred to the Association, such transfer to take place prior to the sale of any individual properties.
The Association Constitution will cover in detail the mechanism for re-charging property owners for all costs associated with the communal areas, insurance requirements and administration costs of the Association.
Current Situation
The Minister for Housing seeks the acceptance of the Minister for Treasury and Resources to the terms and conditions which have been agreed between the Housing Department on behalf of the Public for the transactions set out in Appendix 1.
Upon the disposal the vendor will pay back to the Public either (as a minimum) the sum identified in the relevant table in Appendix 1 as the “deferred payment amount” even if the market value reduces or 25% of the market value at the time of sale, whichever is the higher.
As an example if a property was subsequently sold for a value of £400,000 the capital receipt to the Public would be £100,000.
Conclusion
The valuation and the deferred sum are in accordance with the Social Housing Property Plan 2007 – 2016 P.6/2007 approved 17 July 2007 and MD-H-2007-0057 dated 27 August 2007 “Valuation Policy for sale of homes in accordance with the Property Plan”.
Recommendation
Ordinarily the Property Holdings would/could not recommend such a transaction as the disposal is at less than best consideration (i.e. best financial value). However, it is accepted that the Minister for Housing is trading financial value for social benefit in accordance with a decision made by the States Assembly. This therefore does allow the property to be sold at a restricted value and accordingly it is recommended that the decision(s) of the Minister for Housing is accepted.
Written By: Paul Griffin
Signature …………………………
Authorised By: David Flowers
Signature ………………………… Date 2 December 2008
Appendix 1
Properties for disposal:
Housing MD Ref: MD-H-2008-0105
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| Name and address of property : | 27 Beach Hill, Oak Tree Gardens, La Route de la Trinite, St Helier, JE2 4YQ. |
| Description | The property is the right hand unit of a pair of two storey plus basement garage, semi-detached, modern houses situated on the north side of the estate road known as Beech Hill which forms part of the larger estate known as Oak Tree Gardens. The property was constructed in 2000 and is built mostly of cavity walled concrete blockwork, internal partition walls are partly blockwork and partly stud partitions. The roof is high pitched and constructed with A-framed trusses, underlined with insulation and laid with interlocking composite tiles. |
| Approx. size of accommodation (GIA) | 1656 sq ft |
| Approx. size of site | 1902 sq ft |
| Proposed purchaser | Mr Jose Martinho Pacheco & Maria Dolores de Freitas Pacheco |
| Appendix D Line Ref | Line |
| Any special terms or conditions to be included in the contract | All areas of land to be included in the proposed transaction are marked on the attached site plan. All communal areas associated with this transaction will be transferred to the Oak Tree Gardens Property Owners Association before any individual property sales take place. This Association will be registered in the Royal Court prior to the transfer of the communal areas. |
| Summary of transaction | £ | % |
| Estimated market value: | 356,400 – 372,600 | |
| FTB discount given: | 32,400 – 48,600 | 10% - 15 % |
| Assessed FTB value: | 324,000 | |
| Deferred payment amount: | 81,000 | 25% |
| Agreed sale price: | 243,000 | |
| Market value to sale price difference: | 113,400 – 129,600 | 32 %- 35% |
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APPENDIX 2
Housing Department
Ministerial Decision
Decision Reference: MD-H-2008-0105 |
Decision Summary Title : | DS-27 Oak Tree Gardens Sale October 2008 | Date of Decision Summary: | 16 October 2008 |
Decision Summary Author: | Dominique Caunce | Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet) | Exempt 3.2.1 (a)(i) |
Type of Report: Oral or Written? | Oral | Person Giving Oral Report: | Dominique Caunce |
Written Report Title : | | Date of Written Report: | |
Written Report Author: | | Written Report : Public or Exempt? (State clauses from Code of Practice booklet) | |
Subject: To agree the sale, as detailed in the table below, through the Social Housing Property Plan 2007 – 2016. |
Decision(s): The Minister; - approved the sale of the following property, to the approved First Time Buyers and at the actual sale price set out below:-
(a) 27 Oak Tree Gardens, La Route de la Trinite, St Helier, JE2 4YQ, with a first time buyer value of £324,000 to Mr Jose Martinho Pacheco and Mrs Maria Dolores de Freitas Pacheco (nee de Freitas) for the sum of £243,000. The transactions being subject to a deferred payment condition as set out in the individual contract of sale. The properties shall also be subject to conditions which will require that; any onward sale is to a bone fide first time buyer and that only one unit of accommodation shall be maintained on each site. All areas of land to be included in the proposed transaction are marked on the attached site plans for this Estate. In respect of this transaction it is proposed that ownership of the roads, footpaths, drains, street lighting, landscaped areas and other communal areas of the estate will be transferred to the “Oak Tree Gardens Property Owners Association”. This will be reflected in the contract of sale in the agreed manner. The constitution for the Association, registered in the Royal Court prior to any individual sales taking place, will detail the arrangements for re-charging any costs associated with the communal areas. - authorises the Gift, Cession and Transfer of the Communal Areas by the Public to the “Oak Tree Gardens Property Owners Association”, such transfer to take place prior to the sale of any individual properties.
- requested that the Treasury & Resources Minister similarly agree and authorise the Greffier of the States and Attorney General to pass the necessary contracts of sale before the Royal Court;
- directed that the resultant funds be credited to HYC029.120410
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Reason(s) for Decision: To ensure that the sales are carried out in accordance with Standing Order 168 and the States approval of P6.2007. |
Resource Implications: Financial: £243,000 receipt as agreed on States approval of P6.2007 to be credited to HYC029.120410 with a deferred payment totalling £81,000. |
Action required: Director of Tenant Services to arrange for Treasury and Resources Minister’s approval and oversee the passing of the contract and receipt of funds. |
Signature: | Position: Minister |
Date Signed: | Date of Decision (If different from Date Signed): |
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