C1C2C3PART XVI ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING

Annotations:
Modifications etc. (not altering text)
C2

Pt. XVI (Ss. 527–577) modified by S.I. 1986/797, regs. 2, 3–18

C3

Pt. XVI (Ss. 527–577): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

Pt. XVI (ss. 527-577) extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 21(e) (with ss. 54(5)(7), 55(5))

Pt. XVI (ss. 527-577) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(d)

Eligibility for assistance

528 Designation of defective dwellings by Secretary of State.

1

The Secretary of State may designate as a class 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) having become generally known, the value of some or all of the dwellings concerned has been substantially reduced.

2

A dwelling which is, or is included in, a building in a class so designated is referred to in this Part as a “defective dwelling”; and in this Part, in relation to such a dwelling—

a

“the qualifying defect” means what, 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) became generally known.

3

A designation shall describe the qualifying defect and specify—

a

the cut-off date,

b

the date (being a date falling on or after the cut-off date) on which the designation is to come into operation, and

c

the period within which persons may seek assistance under this Part in respect of the defective dwellings concerned.

4

A designation may make different provision in relation to England and Wales; subject to that, a designated class shall not be described by reference to the area in which the buildings concerned are situated.

5

Notice of a designation shall be published in the London 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.