Part 1Housing conditions
Chapter 2Improvement notices, prohibition orders and hazard awareness notices
Prohibition orders
20Prohibition orders relating to category 1 hazards: duty of authority to make order
(1)
If—
(a)
the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and
(b)
no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,
making a prohibition order under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).
(2)
A prohibition order under this section is an order imposing such prohibition or prohibitions on the use of any premises as is or are specified in the order in accordance with subsections (3) and (4) and section 22.
(3)
The order may prohibit use of the following premises—
(a)
if the residential premises on which the hazard exists are a dwelling or HMO which is not a flat, it may prohibit use of the dwelling or HMO;
(b)
if those premises are one or more flats, it may prohibit use of the building containing the flat or flats (or any part of the building) or any external common parts;
(c)
if those premises are the common parts of a building containing one or more flats, it may prohibit use of the building (or any part of the building) or any external common parts.
Paragraphs (b) and (c) are subject to subsection (4).
(4)
The notice may not, by virtue of subsection (3)(b) or (c), prohibit use of any part of the building or its external common parts that is not included in any residential premises on which the hazard exists, unless the authority are satisfied—
(a)
that the deficiency from which the hazard arises is situated there, and
(b)
that it is necessary for such use to be prohibited in order to protect the health or safety of any actual or potential occupiers of one or more of the flats.
(5)
A prohibition order under this section may relate to more than one category 1 hazard on the same premises or in the same building containing one or more flats.
(6)
The operation of a prohibition order under this section may be suspended in accordance with section 23.