The Housing (Northern Ireland) Order 2003

Restriction on grants for works already begun N.I.

60.—(1) Subject as follows, the Executive shall not approve an application for a grant if the relevant works have been begun before the application is approved.

(2) Where the relevant works have been begun but have not been completed, the Executive may approve the application for a grant if it is satisfied that there were good reasons for beginning the works before the application was approved.

(3) Where the Executive decides to approve an application in accordance with paragraph (2), it may, with the consent of the applicant, treat the application as varied so that the relevant works do not include any that are completed.

But in determining for the purposes of the application the physical condition of the dwelling, common parts or house or other building concerned, the Executive shall consider the condition of the premises at the date of the application.

(4) Subject as follows, the Executive shall not approve an application for a grant if the relevant works have been completed.

(5) Nothing in this Article applies to an application for a grant in respect of works necessary—

(a) to render a dwelling fit for human habitation or to comply with a notice under Article 41 of the Order of 1981 (repair notices) [F1 or a notice of unfitness under Article 18 of the Private Tenancies (Northern Ireland) Order 2006] , or

[F2 (b) to comply with a requirement in a temporary exemption notice, a rectification notice or a hazard notice under the Act of 2016, to satisfy a statement of remedial work under section 53 of that Act, or to make the house suitable for occupation as an HMO in accordance with section 13 of that Act.]

(6) If the Executive considers that the relevant works include works in addition to those necessary for the purposes mentioned in paragraph (5)(a) or (b), the Executive shall treat the application as an application to which this Article applies so far as it relates to those additional works.

F1 Words in art. 60(5)(a) inserted (1.4.2007) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 74, Sch. 4 para. 14; S.R. 2006/428, art. 3(b)(c)

F2 Art. 60(5)(b) substituted (1.4.2019) by Houses in Multiple Occupation Act (Northern Ireland) 2016 (c. 22), s. 90(2), Sch. 7 para. 6(6); S.R. 2019/39, art. 2 (with art. 3)