William Eichler 28 September 2017

Developers avoid building 700 social homes in borough thanks to loophole

A legal loophole has allowed big developers in Kensington and Chelsea to avoid building over 700 social homes - enough to house those made homeless by the Grenfell fire.

New research by the homelessness charity Shelter has revealed that housing developers have exploited a legal loophole - called a ‘viability assessment’ - to avoid building 706 social homes in the London borough.

Housing developers win planning permission by promising to build a certain amount of affordable homes. However, the developers can use a ‘viability assessment’ to argue they are unable to build those homes because it would reduce their profit margins.

In Kensington and Chelsea, Shelter’s research found, the loophole has been used by developers to reduce the amount of affordable housing from the council’s policy target of 50% to only 15%.

This gap between the council’s target and what was eventually permitted is equivalent to 831 affordable homes, of which 706 would have been social homes.

‘At a time when we desperately need more affordable homes, big developers are allowed to prioritise their profits by building luxury housing while backtracking on their promises to build a fair share of affordable homes,’ Shelter chief executive, Polly Neate.

‘The government must make sure we treat affordable housing commitments as cast iron pledges, rather than optional extras, and act now to close the loophole that allows developers to wriggle out of building the affordable homes this country urgently needs.’

Responding to the findings, Cllr Elizabeth Campbell, leader of Kensington and Chelsea Council, said: 'Housing is a London-wide issue. All boroughs need to work together, and with developers, to ensure the capital has the right mix of housing.

'In places like Kensington and Chelsea, an independent viability report often results in the ability to build more homes, due to the sums of money developers have to pay instead of providing affordable housing on site.

'That said, we are getting tougher with developers to ensure that where affordable housing can be provided - it is. Grenfell has focussed everybody’s minds on the issue of housing and we want to find solutions.'

SIGN UP
For your free daily news bulletin
Highways jobs

School Crossing Patrol Officer

Essex County Council
Up to £13.4600 per hour
School Crossing Patrol Officer Chelmsford, Essex Part-Time, Temporary 7.5 hours per week, term-time only Up to 6 Months £13.46 PAYE / £17.24 Umbrella England, Essex, Chelmsford
Recuriter: Essex County Council

Deputy Team Manager - Older Adults Mental Health

Essex County Council
£48205 - £57988 per annum + Flexible Working, Hybrid Working
Interviews will be held in person at Rowan House, Colchester on 6th May 2026.The TeamWe are a committed team working with adults aged 65 years plus a England, Essex, Colchester
Recuriter: Essex County Council

Executive Director Place, Economy and Environment

West Northamptonshire Council
£151,368 – £161,559 (pay award pending)
West Northamptonshire is an ambitious, fast‑growing place with a bold vision for inclusive and sustainable growth. Northampton, Northamptonshire
Recuriter: West Northamptonshire Council

Assistant Director Adult Social Care Operations

Buckinghamshire Council
Circa £92,000
Are you a credible, values-driven leader with the operational grip to deliver change? Buckinghamshire
Recuriter: Buckinghamshire Council

Chief Executive

Thurrock Council
c. £200,000
Lead the change, shape the future. West Thurrock, Grays
Recuriter: Thurrock Council
Linkedin Banner