To fix the housing market, the government needs to do nothing at all

Just stop trying.

In November, planning minister Nick Boles tackled the country's housing crisis — caused, he said, by a decade-long invasion of propertyless aliens — head-on, announcing he would seek powers to build 100,000 homes a year on Green Belt land. Shortly afterwards, Theresa May, the Home Secretary, reinforced this message, warning us of the imminent danger that migrant homebuyers pose to the “national interest” – "without the demand caused by mass immigration," she said, "house prices could be ten per cent lower over a twenty year period."

The Conservative grassroots, mortified at what they apparently see as the sheer illiberality of building on the Green Belt, moved swiftly to an ostrich position to undermine the proposal.

"The notion of a housing shortage in London… is, and always has been, a myth," read Andrew Lilico's riposte. "Surpluses of dwellings over households actually increased everywhere".

It is almost impossible to be more wrong. The immigration argument has been debunked so comprehensively that, in its 2012 report on the housing shortage (pdf), the IEA casually dismisses it as an "oft-repeated non-issue". Similarly, the effort to use simple mathematics to describe a notoriously variegated and illiquid asset class ignores the fact that neither property nor its occupants are homogenous and freely exchangeable: an abundance of one- or two-bedroom flats in a given area at a range of prices, for example, is useless if the majority of demand is for family homes (pdf).

There is, in fact, a fairly robust consensus across the political spectrum that the United Kingdom is in the grip of an acute housing supply shortage with many causes, among them NIMBYism, speculation, capital flight from southern Europe, over-taxation, land use controls, and failure to implement comprehensive welfare reform. In the absence of a credible policy proposal from the Coalition, however, the left has assumed the mantle of leadership on the issue by setting itself in diametrical opposition to austerity, demanding more central government funding for affordable housing – and lots of it.

Unquestionably, the money could be put to good use. Shelter, the housing charity, predicted in 2010 that (pdf):

"cuts to housing benefit and the slashing of the affordable house building subsidy will be devastating for the housing aspirations of thousands of young people consigned to increasing costs."

Those costs are the third-highest in Europe, 40 per cent of net income for over 15 per cent of the population. Sensing the undercurrent of popular anger, Labour has promised funding for the same 100,000 homes a year as Nick Boles – except these are “affordable” ones. Unfortunately, these counterproposals only draw battle-lines for the next election. They address the question of how taxpayers should step in to reinforce the safety net, but do nothing to tell us how to rein in the cost of the safety net itself.

The key question is this: would building more “affordable housing”, either in the Green Belt or in our cities, actually end the housing crisis? In my view, probably not. Housing was a risky enough business before the recession; today, with scarce financing, high material costs, narrow profit margins, and downward pressure on public finances for the next decade at least (£), developers face additional disincentives. If anything, affordable housing prevents developers from meeting market demand while concurrently increasing their costs — and as such it has become a significant part of the supply problem.

Many English councils mandate that developers designate a certain proportion of units in any new construction as "affordable," i.e. earmarked for social tenants or a social housing provider. Taking the London borough of Newham as an example, that locality aims to provide "the maximum reasonable amount of affordable housing when negotiating on (the approval of) individual private residential and mixed use schemes". By “reasonable,” however, Newham means 50 per cent of the total, with the affordable component supported mostly by government subsidies.

This has serious implications on any proposed scheme's economic viability. Without government grants, affordable housing in Newham is completely uneconomic at the 50 per cent target (pdf) and remains so even at lower targets, for example with 35 per cent or 25 per cent provision. Viability is further impaired where build cost per square metre rises (as occurs when a development is denser) or sale price per square metre falls (meaning the proposed unit would be affordable in a free market). To wit, the economic viability of housing schemes in England is low if you intend to build units that constitute ordinary working- and middle-class housing in most of the English-speaking world, because local planning policies force developers to only embark on those projects which realise relatively higher marginal returns and command a higher market price.

This is a fact of which local governments around the country are aware (pdf); Newham's viability assessment, for example, points out that "50% affordable housing is unlikely to be viable in all market conditions", and that "in some circumstances... sales values would need to increase beyond the 2007 peak for 50% affordable housing to be achievable."

But this is not 2007, and we would be mistaken to believe that the social housing crisis is separable from the supply problem in the wider private markets. British social housing policy is itself heavily reliant on private sector provision; a crisis in one begets a crisis in the other, or as put by the IEA (pdf):

If social housing in Britain is under strain – and it clearly is – it is because the housing market as a whole is under strain.

When we consider that fully 20 per cent of the nation's residential property is directly or indirectly supported by the state and virtually the entire private sector housing supply process — design, location, construction, profit margin, and post-completion tenant allocation — is regulated and made more burdensome by the state, it does not take much to see that virtually all state intervention in the UK housing market should in theory, and does in fact, constrain supply or inflate demand. Certain aspects of the problem arise from pet policies of the right; others, of the left. What they have in common is that they disincentivise new housebuilding while making existing housing more expensive at the same time, to the detriment of low- and middle-income earners, the propertyless and the young.

Neither redistributive taxation nor piecemeal tinkering are well-suited to solve this problem. An iconoclastic, no-holds-barred programme of liberalisation, however, is. Like fuel shortages in the America of the seventies or bread shortages in the USSR of the eighties, the British housing crisis is government-led. If the government is serious about solving it, the first thing it should do is get out of the way.

The Carpenters estate in Newham, London. Photograph: Getty Images

Preston Byrne is a fellow at the Adam Smith Institute.

Show Hide image

7 problems with the Snooper’s Charter, according to the experts

In short: it was written by people who "do not know how the internet works".

A group of representatives from the UK Internet Service Provider’s Association (ISPA) headed to the Home Office on Tuesday to point out a long list of problems they had with the proposed Investigatory Powers Bill (that’s Snooper’s Charter to you and me). Below are simplified summaries of their main points, taken from the written evidence submitted by Adrian Kennard, of Andrews and Arnold, a small ISP, to the department after the meeting. 

The crucial thing to note is that these people know what they're talking about - the run the providers which would need to completely change their practices to comply with the bill if it passed into law. And their objections aren't based on cost or fiddliness - they're about how unworkable many of the bill's stipulations actually are. 

1. The types of records the government wants collected aren’t that useful

The IP Bill places a lot of emphasis on “Internet Connection Records”; i.e. a list of domains you’ve visited, but not the specific pages visited or messages sent.

But in an age of apps and social media, where we view vast amounts of information through single domains like Twitter or Facebook, this information might not even help investigators much, as connections can last for days, or even months. Kennard gives the example of a missing girl, used as a hypothetical case by the security services to argue for greater powers:

 "If the mobile provider was even able to tell that she had used twitter at all (which is not as easy as it sounds), it would show that the phone had been connected to twitter 24 hours a day, and probably Facebook as well… this emotive example is seriously flawed”

And these connection records are only going to get less relevant over time - an increasing number of websites including Facebook and Google encrypt their website under "https", which would make finding the name of the website visited far more difficult.

2. …but they’re still a massive invasion of privacy

Even though these records may be useless when someone needs to be found or monitored, the retention of Internet Connection Records (IRCs) is still very invasive – and can actually yield more information than call records, which Theresa May has repeatedly claimed are the non-digital equivalent of ICRs. 

Kennard notes: “[These records] can be used to profile them and identify preferences, political views, sexual orientation, spending habits and much more. It is useful to criminals as it would easily confirm the bank used, and the time people leave the house, and so on”. 

This information might not help find a missing girl, but could build a profile of her which could be used by criminals, or for over-invasive state surveillance. 

3. "Internet Connection Records" aren’t actually a thing

The concept of a list of domain names visited by a user referred to in the bill is actually a new term, derived from “Call Data Record”. Compiling them is possible, but won't be an easy or automatic process.

Again, this strongly implies that those writing the bill are using their knowledge of telecommunications surveillance, not internet era-appropriate information. Kennard calls for the term to be removed, or at least its “vague and nondescript nature” made clear in the bill.

4. The surveillance won’t be consistent and could be easy to dodge

In its meeting with the ISPA, the Home Office implied that smaller Internet service providers won't be forced to collect these ICR records, as it would use up a lot of their resources. But this means those seeking to avoid surveillance could simply move over to a smaller provider.

5. Conservative spin is dictating the way we view the bill 

May and the Home Office are keen for us to see the surveillance in the bill as passive: internet service providers must simply log the domains we visit, which will be looked at in the event that we are the subject of an investigation. But as Kennard notes, “I am quite sure the same argument would not work if, for example, the law required a camera in every room in your house”. This is a vast new power the government is asking for – we shouldn’t allow it to play it down.

6. The bill would allow our devices to be bugged

Or, in the jargon, used in the draft bill, subjected to “equipment interference”. This could include surveillance of everything on a phone or laptop, or even turning on its camera or webcam to watch someone. The bill actually calls for “bulk equipment interference” – when surely, as Kennard notes, “this power…should only be targeted at the most serious of criminal suspects" at most.

7. The ability to bug devices would make them less secure

Devices can only be subject to “equipment interference” if they have existing vulnerabilities, which could also be exploited by criminals and hackers. If security services know about these vulnerabilities, they should tell the manufacturer about them. As Kennard writes, allowing equipment interference "encourages the intelligence services to keep vulnerabilities secret” so they don't lose surveillance methods. Meanwhile, though, they're laying the population open to hacks from cyber criminals. 


So there you have it  – a compelling soup of misused and made up terms, and ethically concerning new powers. Great stuff. 

Barbara Speed is a technology and digital culture writer at the New Statesman and a staff writer at CityMetric.