Housing Act 1985

239 Declaration of housing action area. E+W

(1) Where a report with respect to an area within their district consisting primarily of housing accommodation is submitted to the local housing authority by a person appearing to the authority to be suitably qualified (who may be an officer of the authority), and the authority, upon consideration of the report and of any other information in their possession, are satisfied, having regard to—

(a) the physical state of the housing accommodation in the area as a whole, and

(b) social conditions in the area,

that the requirement mentioned in subsection (2) is fulfilled with respect to the area, they may cause the area to be defined on a map and by resolution declare it to be a housing action area.

(2) The requirement is that the living conditions in the area are unsatisfactory and can most effectively be dealt with within a period of five years so as to secure—

(a) the improvement of the housing accommodation in the area as a whole,

(b) the well-being of the persons for the time being resident in the area, and

(c) the proper and effective management and use of that accommodation,

by declaring the area to be a housing action area.

(3) In considering whether to take action under this section the local housing authority shall have regard to such guidance as may from time to time be given by the Secretary of State, either generally or with respect to a particular authority or description of authority or in any particular case, with regard to the identification of areas suitable to be declared housing action areas.

(4) An area which is declared to be a housing action area shall be such an area for the period of five years . . . F1 , subject to—

(a) section 241(2)(a) (power of Secretary of State to overrule declaration),

(b) section 250(1)(b) (power of local housing authority to terminate housing action area), and

(c) section 251 (extension of duration of housing action area).

(5) A resolution declaring an area to be a housing action area is a local land charge.

Textual Amendments

F1 Words repealed by Housing and Planning Act 1986 (c. 63, SIF 61), s. 21(2)(a)