Housing Associations Act 1985

[F1 Relevant Authority’s] powers with respect to land and works E+W+S

Textual Amendments

F1 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

88 Acquisition of land. E+W

(1) The [F2 Relevant Authority] may acquire land by agreement for the purpose of—

(a) selling or leasing it to a [F3 registered social landlord] or an unregistered self-build society, or

(b) providing dwellings (for letting or for sale) or hostels,

and [F4 the Housing Corporation may be authorised by the Secretary of State to, and the Secretary of State may,] acquire land compulsorily for any such purpose.

(2) Land may be so acquired by the [F2 Relevant Authority] notwithstanding that it is not immediately required for any such purpose.

(3) In relation to a compulsory purchase of land by the [F2 Relevant Authority] under this section—

(a) in England and Wales, the M1 Acquisition of Land Act 1981 applies;

(b) in Scotland, the M2 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 applies as if the [F2 Relevant Authority] were a local authority and as if this section were contained in an Act in force immediately before the commencement of that Act.

(4) For the purposes of the purchase of land in Scotland by agreement by the [F2 Relevant Authority]—

(a) the Lands Clauses Acts (except so much of them as relates to the acquisition of land otherwise than by agreement, the provisions relating to access to the special Act and section 120 to 125 of the M3 Lands Clauses Consolidation (Scotland) Act 1845), and

(b) sections 6 and 70 to 78 of the M4 Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M5 Mines (Working Facilities and Support) Act 1923),

are hereby incorporated with this section, and in construing those Acts for the purposes of this section this section shall be deemed to be the special Act and the [F2 Relevant Authority] shall be deemed to be the promotors of the undertaking or company, as the case may require.

(5) In Scotland the [F2 Relevant Authority] may (without prejudice to their own power to acquire land compulsorily) request the Scottish Special Housing Association to acquire land compulsorily on its behalf (as provided in section [F5 23 of the Housing (Scotland) Act 1987]) for any purpose for which the [F2 Relevant Authority] may purchase land compulsorily.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F2 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F3 Words in s. 88(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(31)

F4 Words in s. 88(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 41 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F5 Words “23 of the Housing (Scotland) Act 1987” substituted (S.) for “175(2) of the Housing (Scotland) Act 1966” by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(9)

Marginal Citations

M1 1981 c. 67.

M2 1947 c. 42.

M3 1845 c. 19.

M4 1845 c. 33.

M5 1923 c. 20.

89 Provision of dwellings or hostels and clearance, management and development of land. E+W

(1) The [F6 Relevant Authority]may provide or improve dwellings or hostels on land belonging to it.

(2) The [F6 Relevant Authority] may clear land belonging to it and carry out other work on the land to prepare it as a building site or estate, including—

(a) the laying out and construction of streets or roads and open spaces, and

(b) the provision of sewerage facilities and supplies of gas, electricity and water.

(3) The [F6 Relevant Authority]may repair, maintain and insure buildings or works on land belonging to it, may generally deal in the proper course of management with such land and buildings or works on it, and may charge for the tenancy or occupation of such land, buildings or works.

(4) The [F6 Relevant Authority]may carry out such operations on, and do such other things in relation to, land belonging to it as appear to it to be conducive to facilitating the provision or improvement of dwellings or hostels on the land—

(a) by the [F6 Relevant Authority] itself, or

(b) by a [F7 registered social landlord] or unregistered self-build society.

(5) In the exercise of its powers under subsection (4) the [F6 Relevant Authority] may carry out any development ancillary to or in connection with the provision of dwellings or hostels, including development which makes provision for buildings or land to be used for commercial, recreational or other non-domestic purposes.

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F6 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F7 Words in s. 89(4)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. para. 15(32)

90 Disposal of land. E+W

(1) The [F8 Relevant Authority] may dispose of land in respect of which it has not exercised its powers under section 89(1) (provision or improvement of dwellings or hostels) and on which it has not carried out any such development as is mentioned in section 89(5) [F9 (ancillary development) to a registered social landlord or an unregistered self-build society; and the Housing Corporation may dispose of such land to any of its subsidiaries or to any other body in which it holds an interest.]

(2) The [F8 Relevant Authority] may dispose of land on which dwellings or hostels have been provided or improved in exercise of its powers under section 89 to—

• a [F10 registered social landlord],

• a local authority,

• a new town corporation [F11 , or

• Scottish Homes;

and the Housing Corporation may dispose of any such land to any of its subsidiaries.]

(3) The [F8 Relevant Authority] may sell or lease individual dwellings to persons for their own occupation; but where the dwelling concerned was acquired [F12 by the Housing Corporation]by compulsory purchase under section 88(1), it shall not be disposed of under this subsection without the written consent of the Secretary of State.

(4) The [F8 Relevant Authority]may dispose of a building or land intended for use for commercial, recreational or other non-domestic purposes in respect of which development has been carried out by virtue of section 89; but no such building or land shall be disposed of [F13 by the Housing Corporation]for less than the best consideration it commands except with the written consent of the Secretary of State.

(5) The [F8 Relevant Authority] may dispose of land which is not required for the purposes for which it was acquired; but where the land—

(a) was acquired compulsorily by, or on behalf of, the [F14 Housing Corporation]or by a local housing authority who transferred it to the [F14 Housing Corporation], or

(b) is disposed of [F15 by the Housing Corporation](otherwise than for use as, or in connection with, a highway or street) for less than the best consideration it commands,

the [F14 Housing Corporation] shall not dispose of the land except with the written consent of the Secretary of State.

(6) The [F16 Housing Corporation] may not dispose of land except in accordance with the provisions of this section.

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F8 Words in Pt. III (ss. 74-102) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 28(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F9 Words in s. 90(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F10 Words in s. 90(2) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 15(33)

F11 Words in s. 90(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(3) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F12 Words in s. 90(3) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(4) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F13 Words in s. 90(4) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(5) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F14 Words in s. 90(5)(a) and in the words following (b) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(6)(a) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F15 Words in s. 90(6)(b) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(6)(b) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

F16 Words in s. 90(6) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 42(7) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C1 Reference to "Scottish Homes" substituted for the reference to "Scottish Special Housing Association" by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3) Sch. 2 para. 1

91 Protection of persons deriving title under transactions requiring consent. E+W+S

Where the [F17 Housing Corporation]purport to acquire or dispose of land—

(a) in favour of a person claiming under the [F17 Housing Corporation]the transaction is not invalid by reason that any consent of the Secretary of State which is required has not been given, and

(b) a person dealing with the [F17 Housing Corporation], or with a person claiming under the [F17 Housing Corporation], shall not be concerned to see or inquire whether any such consent has been given.

Textual Amendments

F17 Words in s. 91 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 43 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5