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Housing (Scotland) Act 2006

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This is the original version (as it was originally enacted).

83Conditions applicable on completion of work

This section has no associated Explanatory Notes

(1)Conditions A to D apply for the period mentioned in subsection (3) with respect to any land on or premises in which work to which an approved grant or loan relates is carried out.

(2)But conditions A and B do not apply where the work is carried out on land or in any premises which is not a house (unless that land is or, as the case may be, those premises are converted by the work into a house).

(3)That period is the period—

(a)beginning with the date on which the work is completed (which cannot be before the house to which the grant or loan relates becomes, in the authority’s opinion, fit for occupation), and

(b)ending—

(i)in the case of a grant, 10 years after that date,

(ii)in the case of a subsidised loan, 10 years after that date or on the date on which the repayment element of the loan and any interest or other charge on it is repaid in full, whichever is the later,

(iii)in the case of a standard loan, on the date on which the loan and any interest or other charge on it is repaid in full.

(4)Condition A is that the house must be used as a private dwelling; but that does not prevent the use of part of the house as a shop or office or for business, trade or professional purposes.

(5)Condition B is that the house must not be occupied by the owner or a member of the owner’s family (within the meaning of section 83 of the 1987 Act) except as that person’s only or main residence.

(6)Condition C is that the owner of the land or premises must take all practicable steps to keep it in a good state of repair.

(7)Condition D is that the owner of the land or premises must, if required to do so by the local authority, certify that the conditions A to C are, in so far as they apply, being observed.

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