Local Government and Housing Act 1989

115 Discretionary approval of certain applications. E+W

(1) Subject to the preceding provisions of this Part, a local housingauthority may approve an application for a grant, other than a common partsgrant, in any case where—

(a) the relevant works go beyond or are other than those which will cause thedwelling to be fit for human habitation, but

(b) the authority are satisfied that the relevant works are necessary for oneor more of the purposes set out in subsection (3) below.

(2) Subject to the preceding provisions of this Part, a local housingauthority may approve an application for a common parts grant if the authorityare satisfied that the relevant works—

(a) are necessary for one or more of the purposes set out in paragraphs (a)and (c) to (g) of subsection (3) below; or

(b) will cause the building to meet the requirements mentioned in paragraphs(a) to (e) of section 604(2) of the M1 Housing Act 1985.

(3) The purposes referred to in subsection (1) above are—

(a) to put the dwelling or building in reasonable repair;

(b) to provide the dwelling by the conversion of a house or other building;

(c) to provide adequate thermal insulation;

(d) to provide adequate facilities for space heating;

(e) to provide satisfactory internal arrangements;

(f) to ensure that the dwelling or building complies with such requirementswith respect to construction or physical condition as may for the time beingbe specified by the Secretary of State for the purposes of this section; and

(g) to ensure that there is compliance with such requirements with respect tothe provision or condition of services and amenities to or within the dwellingor building as may for the time being be so specified.

(4) In the case of an application for an HMO grant, any reference insubsections (1) and (3) above to the dwelling shall be construed as areference to the house.

(5) In considering whether to approve an application for a grant in exerciseof their discretion under subsection (1) or subsection (2) above, the localhousing authority shall have regard to the expected life of the building(taking account, where appropriate, of the effect of carrying out the relevantworks).

(6) Subject to the preceding provisions of this Part, a local housingauthority may approve an application falling within section 110(1) above (inthis section referred to as a “landlord’s application") if—

(a) the relevant works are for the purpose of rendering the dwelling or houseto which the application relates fit for human habitation, or

(b) in the case of an application for an HMO grant, the relevant works are forthe purpose of enabling the house in question to meet one or more of therequirements in subsection (1A) of section 352 of the M2 Housing Act 1985,

and (in either case) the authority are satisfied that the relevant worksare necessary for the purpose concerned.

(7) If in the opinion of the local housing authority the relevant works aremore or less extensive than is necessary to achieve the result referred to inparagraph (b) of subsection (2) above or any of the purposes set out insubsection (3) above or, as the case may be, the purpose falling withinsubsection (6) above, the authority may, with the consent of the applicant,treat the application as varied so that the relevant works are limited to or,as the case may be, include such works as seem to the authority to benecessary for that purpose.

(8) In determining what is “reasonable repair”, in relation to a dwelling or buildingfor the purposes of subsection (3)(a) above, a local housing authority—

(a) shall have regard to the age and character of the dwelling or building andthe locality in which it is situated; and

(b) shall disregard the state of internal decorative repair.

(9) In the exercise of the powers conferred by paragraphs (f) and (g) ofsubsection (3) above, the Secretary of State—

(a) may specify requirements generally or for particular cases; and

(b) may specify different requirements for different areas.

Marginal Citations

M1 1985 c. 68.

M2 1985 c.68.