Local Government and Housing Act 1989

128 Qualifying buildings and external works, etc. E+W

(1) A building is not a qualifying building in relation to a group repairscheme unless, at the time the scheme is prepared, the whole or some part ofthe exterior of the building is not in reasonable repair and that lack ofreasonable repair affects at least 75 per cent. of the houses contained in thebuilding.

(2) Every group repair scheme shall relate to at least one qualifying building(in this section referred to as “the primary building”) which was constructed so as tocomprise not less than four separate houses and may also relate to one or moreother qualifying buildings if the following conditions are fulfilled withrespect to each of them—

(a) the building was constructed so as to comprise at least one house and iscontiguous or adjacent to the primary building; and

(b) the exterior of the building is not in reasonable repair and is in needof works similar to those required to the exterior of the primary building;and

(c) carrying out the works to the building and the primary building at thesame time is the most effective way of securing the repair of each of them.

(3) The question whether a building was constructed so as to comprise not lessthan four houses or at least one house shall be determined according to theconfiguration of the building at the date of its construction.

(4) For the purposes of this section—

(a) a terrace of houses shall be regarded as one building except that, if itappears appropriate to a local housing authority to do so, having regard inparticular to the requirements of subsection (1) above, they may treat partonly of the terrace as a building; and

(b) if, apart from this paragraph, one building would be regarded ascontaining two or more purpose-built flats and one or more houses, the partof the building containing the purpose-built flats and the part or parts ofthe building containing the houses shall be regarded as separate buildings.

(5) In relation to a group repair scheme, “external works” are works to any part of the exterior of abuilding to which the scheme relates and, so far only as may be necessary togive satisfactory effect to such works, additional works to other parts of thebuilding.

(6) For the purposes of this Part, the exterior of a building means—

(a) any part thereof which is exposed to the elements of wind and rain orotherwise faces into the open air (including, in particular, roofs, chimneys,walls, doors, windows, rainwater goods and external pipework); and

(b) the curtilage of the building, including any wall within the curtilagewhich is constructed as a retaining wall or otherwise to protect the structureof the building;

and, in relation to works to any part of the curtilage referred to inparagraph (b) above, the reference in subsection (5) above to additional worksto other parts of the building includes a reference to additional works onland outside the curtilage.

(7) In this section—

(a) “house” means a dwelling which is not a flat (and,accordingly, does not include a house constructed as a house in multipleoccupation); and

(b) a “purpose-built flat” means a part of a building which, at thedate of the construction of the building, was constructed as a flat.

(8) For the purposes of this Part, unless the exterior of a building issubstantially free from rising or penetrating damp, it shall not be regardedas in reasonable repair.