The Housing Defects (Expenditure Limits) Order 1992

Statutory Instruments

1992 No. 446

HOUSING, ENGLAND AND WALES

The Housing Defects (Expenditure Limits) Order 1992

Made

2nd March 1992

Laid before the House of Commons

9th March 1992

Coming into force

31st March 1992

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 543(4) and (5) of the Housing Act 1985(1) and of all other powers enabling them in that behalf, hereby make the following Order:—

Citation and commencement

1.  This Order may be cited as the Housing Defects (Expenditure Limits) Order 1992 and shall come into force on 31st March 1992.

Expenditure limits

2.  The amount opposite each category of dwelling mentioned in the first column of the Schedule to this Order is hereby specified as the expenditure limit for that category for the purposes of section 543 of the Housing Act 1985 (amount of reinstatement grant).

Revocation

3.  The Housing Defects (Expenditure Limits) (No. 2) Order 1988(2) is hereby revoked.

Michael Heseltine

Secretary of State for the Environment

2nd March 1992

David Hunt

Secretary of State for Wales

2nd March 1992

SCHEDULE EXPENDITURE LIMITS

Category of Dwelling	Amount
A.  Dwellings in, or consisting of, single storey buildings in a class designated by the Housing Defects (Unity and Butterley Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984.	£20,000
B.  Dwellings in, or consisting of, buildings in a class designated by:— 1. The Housing Defects (Cornish Unit Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984, where the building is constructed substantially in accordance with the method shown in the diagram in Annex A or B to that designation; 2. The Housing Defects (Gregory Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984.	£20,000
C.  Dwellings in, or consisting of, single storey buildings in a class designated by:— 1. The Housing Defects (Dorran Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 2. The Housing Defects (Myton Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 3. The Housing Defects (Newland Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 4. The Housing Defects (Tarran Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 5. The Housing Defects (Wessex Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984.	£24,000
D.  Dwellings in, or consisting of, two-storey buildings in a class designated by:— 1. The Housing Defects (Cornish Unit Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984, where the building is constructed substantially in accordance with the method shown in the diagram in Annex C to that designation; 2. The Housing Defects (Unity and Butterley Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984.	£28,000
E.  Dwellings in, or consisting of, buildings in a class designated by the Housing Defects (Stent Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984.	£28,000
F.  Dwellings in, or consisting of, two-storey buildings in a class designated by:— 1. The Housing Defects (Dorran Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 2. The Housing Defects (Myton Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 3. The Housing Defects (Newland Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 4. The Housing Defects (Tarran Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984.	£32,000
G.  Dwellings in, or consisting of, buildings in a class designated by:—£32,000 1. The Housing Defects (Boswell Dwellings) (England and Wales) Designation 1987; 2. The Housing Defects (Dyke Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 3. The Housing Defects (Stonecrete Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 4. The Housing Defects (Underdown Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 5. The Housing Defects (Waller Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 6. The Housing Defects (Wates Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 7. The Housing Defects (Winget Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984.
H.  Dwellings in, or consisting of, buildings in a class designated by:— 1. The Housing Defects (Airey Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 2. The Housing Defects (Schindler and Hawksley SGS Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 3. The Housing Defects (Smith (BSC) Prefabricated Dwellings) (England and Wales) Designation 1986.	£36,000
I.  Dwellings in, or consisting of, two-storey buildings in a class designated by the Housing Defects (Wessex Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984.	£40,000
J.  Dwellings in, or consisting of, buildings in a class designated by:— 1. The Housing Defects (Boot Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 2. The Housing Defects (Orlit Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 3. The Housing Defects (Parkinson Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 4. The Housing Defects (Reema Hollow Panel Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984; 5. The Housing Defects (Woolaway Prefabricated Reinforced Concrete Dwellings) (England and Wales) Designation 1984.	£40,000
K.  All other dwellings in, or consisting of, buildings in a class designated under either section 528 (designation of defective dwellings by the Secretary of State) or section 559 (designation of defective dwellings under local schemes) of the Housing Act 1985.	£14,000

Explanatory Note

(This note is not part of the Order)

Under Part XVI of the Housing Act 1985 (“the Act”) an owner of a defective dwelling (one in a class designated by the Secretary of State or a local housing authority) can, if the appropriate conditions are fulfilled, require the local housing authority either to give him a grant towards the reinstatement of the dwelling or to repurchase it from him at 95 per cent. of a “defect-free” value. The amount of reinstatement grant payable is 90 per cent. (or, in cases of financial hardship, 100%) of:—

(a) the estimated expenditure to be incurred, or

(b) the actual expenditure incurred, or

(c) the expenditure limit in force,

whichever is the least.

This Order, which extends to England and Wales, specifies, in accordance with section 543 of the Act, expenditure limits (ranging from £14,000 to £40,000) for various categories of defective dwelling. Category K, which is a residual category having a limit of £14,000, applies to all defective dwellings designated by local housing authorities, and to any further defective dwellings to be designated by the Secretary of State.

This Order revokes the Housing Defects (Expenditure Limits) (No. 2) Order 1988.

Information about designations made by local housing authorities may be obtained from the authority concerned. The Housing Defects (Smith (BSC) Prefabricated Dwellings) (England and Wales) Designation 1986 and the Housing Defects (Boswell Dwellings) (England and Wales) Designation 1987 may be obtained from the Department of the Environment. The Housing Defects (Prefabricated Concrete Dwellings) (England and Wales) Designations 1984 (ISBN 0 11 751769 0), which contains as Annexes all the other designations mentioned in the Schedule to this Order, may be obtained from Her Majesty’s Stationery Office.

(1)

1985 c. 68 to which there are amendments not relevant to this Order.

(2)

S.I. 1988/923.