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Housing (Northern Ireland) Order 1981

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Changes to legislation:

Housing (Northern Ireland) Order 1981 is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

  1. Introductory Text

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    PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

    3. 2A.Meaning of member of a person's family

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    PART II THE NORTHERN IRELAND HOUSING EXECUTIVE

    1. CHAPTER I THE NORTHERN IRELAND HOUSING EXECUTIVE AND COUNCIL

      1. 3.The Northern Ireland Housing Executive

      2. 4.The Northern Ireland Housing Council

      3. 5.Staff of the Executive

    2. CHAPTER II GENERAL FUNCTIONS OF THE EXECUTIVE

      1. 6.General functions of the Executive

      2. 7.Consultation by the Executive

      3. 8.Delegation of functions by the Executive

      4. 8A.Housing management scheme

      5. 9.Advances by the Executive

      6. 10.Directions to the Executive

      7. 11.Disclosure of information to the Department

      8. 12.Annual report

      9. 13.Power to enter on lands

      10. 14.Information as to ownership of land

    3. CHAPTER III FINANCE

      1. 15.Advances by the Department to the Executive

      2. 16.Borrowing by the Executive

      3. 17.Rent scheme

      4. Art. 18 rep. by 1983 NI 14

      5. 19.Estimates of the Executive's income and expenditure

      6. 20.Annual grant to the Executive

      7. 21.Accounts and Audit

    4. CHAPTER IV HOUSING MANAGEMENT

      1. 22.House allocation scheme

      2. 22A.Allocation only to eligible persons

      3. 23.Power to let houses to government departments and other bodies

      4. 24.Recovery of possession of premises let by the Executive

      5. 25.Substitution or variation of tenancy agreements

      6. 26.Increase of Executive rents

      7. 26A.Length of notice to quit under Executive tenancies

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    PART III DEVELOPMENT FUNCTIONS OF THE EXECUTIVE

    1. CHAPTER I PROVISION OF HOUSING ACCOMMODATION

      1. 27.Provision of housing accommodation

      2. 28.Supplementary powers

      3. 28A.Provision of caravan sites for members of the Irish Traveller community

      4. 29.Production and supply of heat

      5. 30.Submission of schemes by the Executive

      6. 31.Housing development

      7. 31A.Acquisition and development of land for resettlement of certain undertakings

      8. 31B.Acquisition of land by the Executive for amenity purposes

    2. CHAPTER II CLEARANCE AREAS AND CLEARANCE, DEMOLITION AND CLOSING ORDERS

      1. 32.Declaration of clearance areas

      2. 33.Clearance orders

      3. 34.Exclusion orders

      4. 35.Demolition orders

      5. 36.Recovery of possession of buildings subject to clearance or demolition order

      6. 37.Determination of demolition orders

      7. 37A.Demolition orders: substitution of closing orders to permit use otherwise than for human occupation

      8. 38.Closing orders

      9. 39.Determination of closing orders

      10. 40.Use of premises in contravention of closing order

      11. 41.Repair notices

      12. 41A.Effect on Article 41 of proposal to include premises in group repair scheme

      13. 41B.Offence of failing to comply with a repair notice

      14. 42.Enforcement of repair notices

      15. 43.Appeals against demolition orders, closing orders, etc.

      16. 44.Operative date of demolition orders, closing orders and repair notices

      17. 45.Effect of Rent (Northern Ireland) Order 1978

      18. 46.Standard of fitness for human habitation

      19. 46A.Executive to consider guidance given by Department in deciding whether to take action under Article 32, 35, 38, 41 or 47

    3. CHAPTER III RE-DEVELOPMENT AREAS

      1. 47.Re-development areas

      2. 48.Re-development schemes and applications for vesting orders

      3. 49.Approval and amendment of re-development schemes and making of vesting orders

      4. 50.Disposal of land and powers of the Executive in re-development areas

      5. Art. 51 rep by 1992 NI 15

    4. CHAPTER IV HOUSING ACTION AREAS

      1. 52.Declaration of housing action areas

      2. 53.Duration of housing action areas

      3. 54.Reduction of housing action areas

      4. 55.Duty to publish information

      5. 56.Acquisition of land in housing action areas

      6. 57.Provision, improvement, etc., of housing accommodation by the Executive

      7. 58.Assistance for carrying out environmental works

    5. CHAPTER V UNOCCUPIED PREMISES

      1. 59.Interpretation

      2. 60.Power to take possession of unoccupied houses

      3. 61.Occupation of possessed houses

      4. 62.Compensation to be paid in respect of possessed houses

      5. 63.Power to secure or demolish unoccupied premises

      6. Art. 64 rep by 1992 NI 15

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    PART IV GRANTS

    1. CHAPTER I Chapter 1 (Arts. 65‐85) rep. with saving by 1983 NI...

      1. Chapter 1 (Arts. 65‐85) rep. with saving by 1983 NI...

    2. CHAPTER II HOME INSULATION GRANTS

      1. Chapter 2 (Art. 86) rep. by 2003 NI 2

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    PART V LAND ACQUISITION AND COMPENSATION

    1. CHAPTER I ACQUISITION AND DISPOSAL OF LAND

      1. 87.Acquisition of land by the Executive

      2. 88.Disposal of land by the Executive

      3. 88A.Transfer of mortgages by the Executive

      4. 88B.Certain transfers to require Department's approval

      5. 88C.Disposal of houses let by the Executive to secure tenants

      6. 88D.Extinguishment of public rights of way

      7. 88E.Procedures for approving extinguishment orders

    2. CHAPTER II LAND COMPENSATION MATTERS

      1. 89.Interpretation

      2. 90.Land acquired compulsorily in re-development areas and housing action areas

      3. 91.Compensation payable in case of clearance orders, demolition orders and closing orders

      4. 92.Repayment on revocation of clearance order, demolition order or closing order

      5. Arts. 93‐97 rep. with saving by 1992 NI 15

      6. 98.Allowances to retail shopkeepers

      7. Arts. 99, 100 rep. with saving by 1992 NI 15...

      8. 101.Interest

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    Arts. 102‐140A rep. by 1992 NI 15

    1. Arts. 102‐140A rep. by 1992 NI 15

  8. Part VIII (Arts. 141‐152) rep. with saving by 1982 c....

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    PART IX HOME PURCHASE ASSISTANCE

    1. 153.Advances to lending institutions

    2. 154.Administration

    3. Art. 155 rep. by 1997 c. 32

    4. Art. 155A rep. by SI 2000/311

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    PART X MISCELLANEOUS

    1. 156.Power of the Executive to enter into indemnity agreements with building societies

    2. 156A.Financial assistance for voluntary organisations concerned with housing

    3. 156AA.Indemnity agreements with recognised bodies

    4. 157.Inquiries

    5. 158.Power to authorise superior landlord to enter and execute works

    6. 159.Department's power to enter on land, etc.

    7. 159A.(1) Paragraph 23 of the electronic communications code (which provides...

    8. 160.Penalty for obstruction

    9. 161.Registration of certain matters as statutory charges

    10. 162.Regulations

    11. 163.Amendments, savings and transitional provisions, repeals and revocation

  11. SCHEDULES

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      SCHEDULE 1

      THE NORTHERN IRELAND HOUSING EXECUTIVE

      1. 1.(1) The Executive shall consist of ten persons appointed by the head of the Department...

      2. 2.In making appointments under paragraph (1), the Minister in charge of the Department shall as...

      3. 3.(1) Subject to this paragraph, a member of the Executive shall hold and vacate office...

      4. 4.The Executive may act notwithstanding any vacancy in its membership.

      5. 5.The Executive may pay to its members such remuneration and other allowances as the Department...

      6. 6.(1) The Executive may constitute committees of its members to which it may delegate such...

      7. 7.Sections 28 to 33, 42, 46, 47, 47A, 48 and 146 of the Local Government...

      8. 8.(1) The common seal of the Executive shall, when applied to a document, be attested...

      9. 9.The validity of any proceedings of the Executive or of any of its committees shall...

      10. Para. 10 rep. by 1996 NI 7

      11. Para. 10 rep. by 1996 NI 7

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      SCHEDULE 2

      THE NORTHERN IRELAND HOUSING COUNCIL

      1. 1.(1) The Council shall, subject to sub-paragraph (2), consist of the chairman of each district...

      2. 2.Subject to paragraph 1(1A) of Schedule 1, The Council may regulate its own proceedings.

      3. 3.The validity of any proceedings of the Council shall not be affected by any defect...

      4. 4.(1) The Council may constitute one or more committees to which it may delegate such...

      5. 5.The Executive may pay to members of the Council such travelling, subsistence or other allowances...

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      Schedule 3 restates Amendments of 1972 c.9 ( NI ), made by 1976 NI 25

      1. Schedule 3 restates Amendments of 1972 c.9 ( NI ), made by 1976 NI 25

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      SCHEDULE 4

      CLEARANCE ORDERS

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        PART I MAKING AND OPERATION OF CLEARANCE ORDERS

        1. 1.A clearance order shall be in the prescribed form and shall describe by reference to...

        2. 2.(1) Before submitting the order to the Department the Executive shall— (a) publish in one...

        3. 3.So soon as may be after the required notices have been given, the Executive shall...

        4. 4.(1) If no objection, other than an objection which the Department is satisfied is of...

        5. 5.The Department may confirm an order, notwithstanding that the effect of the modifications made by...

        6. 6.So soon as may be after a clearance order has been confirmed by the Department...

        7. 7.A clearance order shall become operative at the expiration of 6 weeks from the date...

        8. 8.So soon as may be after a clearance order has become operative, the Executive shall...

        9. 9.When a clearance order has become operative, the owner of any building to which the...

        10. 10.Any expenses incurred by the Executive under paragraph 9, after giving credit for any amount...

        11. 11.Any surplus in the hands of the Executive shall be paid by it to the...

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        PART II ORDERS EXCLUDING BUILDINGS FROM A CLEARANCE AREA

        1. 12.(1) Paragraphs 2 to 6 shall have effect in relation to exclusion orders under Article...

        2. 13.On the date on which an exclusion order is made— (a) paragraph 9; and (b)...

        3. 14.(1) If— (a) the Department notifies the Executive that it declines to confirm the exclusion...

        4. 15.(1) After the making of an exclusion order the right to any payment under Article...

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      Schedule 5 rep. by 1983 NI 15

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      Schedule 6—Modifications

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      Schedule 7 rep. with saving by 1992 NI 15

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      Schedules 7A, 8, 9 rep. by 1992 NI 15

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      SCHEDULE 10

      INSTITUTIONS RECOGNISED FOR PURPOSES OF ARTICLE 153

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        PART I LENDING INSTITUTIONS

        1. 1.Building Societies.

        2. 2.District councils.

        3. 4.The following bodies, namely— (a) companies which have satisfied the Department of Commerce that they...

        4. 5.Insurance companies to which Part II of the Insurance Companies Act 1974 applies.

        5. 6.Friendly societies and branches thereof if registered under the Friendly Societies Act (Northern Ireland) 1970...

        6. 7.The Northern Ireland Housing Executive.

        7. 7A.(i) Abbey Life Executive Mortgages Limited (ii) Abbey Life Funding Limited (iii) Abbey Life Home...

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        PART II SAVINGS INSTITUTIONS

        1. 8.Any of the recognised lending institutions specified in paragraphs 1, 3, 4 and 6.

        2. 9.The Director of Savings.

        3. 10.The Department of Finance.

        4. 11.The Post Office.

        5. 12.Any savings institution recognised for purposes of section 1 of the Home Purchase Assistance and...

        6. 13.Strabane Credit Union Limited.

        7. 14.Dungannon Credit Union Limited.

        8. 15.Keady Credit Union Limited.

        9. 16.Newry Credit Union Limited

        10. 17.Termonmaguirk Credit Union Limited.

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      Schedule 11—Amendments

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      SCHEDULE 12

      SAVINGS AND TRANSITIONAL PROVISIONS

      1. 1.The repeal by this Order of sections 10, 11 and 16(4) to (6) of the...

      2. Para. 2 rep. by 1983 NI 15

      3. Para. 2 rep. by 1983 NI 15

      4. 3.The repeal of Article 31 of the Housing (Northern Ireland) Order 1976 and Article 14...

      5. 4.(1) Notwithstanding the repeal by this Order of Article 15 of the Housing (Northern Ireland)...

      6. 5.For the purpose of allowing an application for an improvement grant, an intermediate grant, or...

      7. 6.Notwithstanding the repeal of Article 1(3) of the Housing (Northern Ireland) Order 1976 , the...

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      Schedule 13—Repeals

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