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PART IXE+W SLUM CLEARANCE

Modifications etc. (not altering text)

C2Pt. IX (ss. 264–323): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

Provisions for protection or assistance of ownersE+W

310 Certificate of fitness resulting from owner’s improvements or alterations.E+W

(1)An owner of a [F1dwelling-house, house in multiple occupation or building containing one or more flats] in respect of which works of improvement or structural alteration are proposed to be executed may submit a list of the proposed works to the local housing authority with a request in writing that the authority inform him whether in their opinion the [F2dwelling-house, the house or the flat or flats in the building] would, after the execution of those works, or of those works together with additional works, be fit for human habitation and, with reasonable care and maintenance, remain so fit for a period of at least five years.

(2)As soon as may be after the receipt of such a list and request, the authority shall take the list into consideration and shall inform the owner whether they are of that opinion, and, if they are, furnish him with a list of any additional works appearing to them to be required.

(3)Where the authority have stated that they are of that opinion and the works specified in the list, together with any additional works specified in a list furnished by them, have been executed to their satisfaction, they shall, on the application of the owner and on payment by him of a fee of five pence, issue to him a certificate that the [F3dwelling-house or house is or, as the case may be, the flat or flats in the building is or are] fit for human habitation and will with reasonable care and maintenance remain so fit for such period (not being less than five nor more than 15 years) as may be specified in the certificate.

(4)During the period specified in a certificate given under this section—

(a)no action shall be taken in relation to the [F4dwelling-house, house in multiple occupation or building] under the provisions of this Part relating to the demolition, closing or purchase of unfit premises, and

(b)no action shall be taken under the provisions of this Part relating to clearance areas with a view to the demolition of the [F4dwelling-house, house in multiple occupation or building] as being unfit for human habitation.

(5)For the purposes of this section “works of improvement” includes the provision of additional or improved fixtures or fittings but not works by way of decoration or repair.

(6)This section does not apply to premises—

(a)in respect of which a demolition order has become operative, or

(b)comprised in a compulsory purchase order under section 290 (acquisition of land for clearance) which has been confirmed by the Secretary of State;

and has effect subject to section 311 in a case where proposals are submitted under this section with respect to premises in a clearance area.