What is a PROD?

There is a little known piece of legislation from the 1980 Local Government Planning and Land Act called a PROD - a Public Request to Order Disposal. A PROD allows an individual to force a public landowner to take action over derelict publicly-owned land or even be forced to put it up for sale.

It covers land in England and Wales owned by county, borough and district councils, police authorities, the Housing Corporation, the Civil Aviation Authority, British Shipbuilders, the Coal Authority, the BBC and the National Rivers Authority.

How does it work?

First of all you need to find out the owner of the land: ask neighbours, check the Land Registry (hyperlink to website) www.landregistry.gov.uk or contact your local authorities’ empty property office.

If it is publicly-owned, then you can complain in writing (hyperlink to the letter below) to the Director of Planning at your nearest Regional Government Office. You don’t need to notify the owner.

How long does it take?

The Government will contact the owner and find out as much as possible about the property and the owner's reasons for keeping it empty. The Secretary of State will decide whether the site should just be entered onto the Land Registers or whether an Order of Disposal should be made. If disposal is decided on, the owner will be given 42 days in which to make representation before a decision is made. The sale would usually be on the open market - by auction, tender, or private treaty.

Sample PROD letter

Dear Sir/Madam

Re (insert property address)

I am writing regarding the above named property, in respect of which I would like to make a request to order a disposal under the Local Government Planning and Land Act 1980.

I attach details including a map (if available) of the property and ask that it be put on the Register of Unused Land, if it is not already on. I further request that an order should be made to enforce disposal of this building to an organisation or person prepared to make better use of it.

The building is owned by (if known, write in as much detail and history as possible. How long has the property been empty? How big is it. Do you know how many rooms there are in it?, Do you have any photographs)

(You should write a paragraph on why you are writing this letter. Some reasons may be:
It has been a cause of frustration for many people in the area that this building has remained empty for so long.

Why should a building such as this, in a reasonable condition and in an area of acute housing need be left empty for X years.

It is in a state of disrepair and attracting anti-social behaviour e.g. rubbish dumping, vandalism, squatting.)

I do hope something can be done to get this building back into use as quickly as possible.

Yours sincerely

Tips

You should give your reasons for making a PROD request and say who you are, The more information about the property you can give, the easier it will be to identify it. Give the full address and details of the owners (if you have them).

The Government office will contact the owner and find out as much as possible about the property and the owner’s reasons for keeping it empty. Before an order for disposal can be made, the owners must be given 42 days to put forward their case. You will be kept informed of the outcome.