Housing Defects Act 1984

1 Designation of defective dwellings

(1) The Secretary of State may designate as a class any buildings each of which consists of or includes one or more dwellings if it appears to him that—

(a) buildings in the proposed class are defective by reason of their design or construction, and

(b) by virtue of the circumstances mentioned in paragraph (a) above having become generally known, the value of some or all of the dwellings concerned has been substantially reduced.

(2) Any dwelling which a building in a class designated under this section consists of or includes is referred to in this Act as a " defective dwelling "; and in this Act in relation to such a dwelling—

(a) "the qualifying defect" means that which, in the opinion of the Secretary of State, is wrong with the buildings in that class ; and

(b) "the cut-off date" means the date by which, in the opinion of the Secretary of State, the circumstances mentioned in subsection (1)(a) above became generally known.

(3) A designation under this section shall describe the qualifying defect and specify—

(a) the date on which the designation is to come into operation ;

(b) the cut-off date (not being a date falling after the date specified under paragraph (a) above); and

(c) the period within which persons may seek assistance under this Act in respect of the defective dwellings concerned.

(4) The Secretary of State may vary or revoke a designation under this section and may by a variation of the designation extend the period referred to in subsection (3)(c) above, whether or not it has expired ; but

(a) no variation or revocation shall affect the operation of the provisions of this Act in relation to any dwelling if, before the variation or revocation comes into operation, it is a defective dwelling by virtue of the designation in question and application for assistance in respect of it has been made under section 3 of this Act; and

(b) no variation shall alter the cut-off date.

(5) Notice of a designation under this section and of the variation or revocation of such a designation shall—

(a) if it relates to England or Wales, be published in the London Gazette, and

(b) if it relates to Scotland, be published in the Edinburgh Gazette.

(6) Any question arising as to whether a building is or was at any time in a class designated under this section shall be determined by the Secretary of State.

(7) A designation under this section may make different provision in relation to England, Scotland and Wales; subject to that, no such designation shall describe a designated class by reference to the area in which the buildings concerned are situated.