Office of Public Sector Information
PART VIII continued
(4) Any of the bodies specified in paragraphs (a) to (e) of subsection (3) above which has an owner’s interest in a dwelling or other premises comprised in a building to which a group repair scheme relates is eligible to participate in the scheme as an unassisted participant.
(5) The conditions referred to in subsection (3) above are—
(a) that, as respects the dwelling or other premises in which he has an owner’s interest, the person concerned either is able to give possession of any part of the building to which external works are proposed to be carried out or has the consent of the occupier of that part to the carrying out of those works; and
(b) that, if the owner’s interest which he has is an interest in a dwelling and this paragraph is not excluded by subsection (6) below, he gives a certificate of future occupation which falls within subsection (2) or subsection (4) of section 106 above; and
(c) that, if the owner’s interest which the person concerned has is an interest in a house in multiple occupation and that person is not a charity or the trustee of a charity, he gives a certificate under section 106(7) above.
(6) Paragraph (b) of subsection (5) above does not apply if—
(a) the person concerned is a charity or the trustee of a charity; or
(b) the dwelling is the residence house of an ecclesiastical benefice.
(7) If the Secretary of State so directs in the case of any scheme or any description of scheme, such of the provisions of this section and sections 128 to 130 below as are specified in the direction shall not apply in relation to that scheme or, as the case may be, in relation to a scheme of that description.
(8) Section 99 above applies to the power to give directions under subsection (7) above as it applies to a power to give directions under Part VII of this Act.
(1) A building is not a qualifying building in relation to a group repair scheme unless, at the time the scheme is prepared, the whole or some part of the exterior of the building is not in reasonable repair and that lack of reasonable repair affects at least 75 per cent. of the houses contained in the building.
(2) Every group repair scheme shall relate to at least one qualifying building (in this section referred to as “the primary building”) which was constructed so as to comprise not less than four separate houses and may also relate to one or more other qualifying buildings if the following conditions are fulfilled with respect to each of them—
(a) the building was constructed so as to comprise at least one house and is contiguous or adjacent to the primary building; and
(b) the exterior of the building is not in reasonable repair and is in need of works similar to those required to the exterior of the primary building; and
(c) carrying out the works to the building and the primary building at the same time is the most effective way of securing the repair of each of them.
(3) The question whether a building was constructed so as to comprise not less than four houses or at least one house shall be determined according to the configuration of the building at the date of its construction.
(4) For the purposes of this section—
(a) a terrace of houses shall be regarded as one building except that, if it appears appropriate to a local housing authority to do so, having regard in particular to the requirements of subsection (1) above, they may treat part only of the terrace as a building; and
(b) if, apart from this paragraph, one building would be regarded as containing two or more purpose-built flats and one or more houses, the part of the building containing the purpose-built flats and the part or parts of the building containing the houses shall be regarded as separate buildings.
(5) In relation to a group repair scheme, “external works” are works to any part of the exterior of a building to which the scheme relates and, so far only as may be necessary to give satisfactory effect to such works, additional works to other parts of the building.
(6) For the purposes of this Part, the exterior of a building means—
(a) any part thereof which is exposed to the elements of wind and rain or otherwise faces into the open air (including, in particular, roofs, chimneys, walls, doors, windows, rainwater goods and external pipework); and
(b) the curtilage of the building, including any wall within the curtilage which is constructed as a retaining wall or otherwise to protect the structure of the building;
and, in relation to works to any part of the curtilage referred to in paragraph (b) above, the reference in subsection (5) above to additional works to other parts of the building includes a reference to additional works on land outside the curtilage.
(7) In this section—
(a) “house” means a dwelling which is not a flat (and, accordingly, does not include a house constructed as a house in multiple occupation); and
(b) a “purpose-built flat” means a part of a building which, at the date of the construction of the building, was constructed as a flat.
(8) For the purposes of this Part, unless the exterior of a building is substantially free from rising or penetrating damp, it shall not be regarded as in reasonable repair.
(1) Those persons who are eligible to participate in a group repair scheme and who participate in the scheme by signifying consent (in this section referred to as “scheme consent”), in accordance with the terms of the scheme, to the proposals to carry out the external works specified in the scheme shall be liable, subject to subsection (2) below, to contribute to the cost, as notified to them under the scheme, of such of those works as relate to the house or other premises in which they have an interest at a rate determined in accordance with this section.
(2) For the purposes of subsection (1) above, “house” includes premises which were originally constructed as a house but which, by the time the group repair scheme is prepared, have been divided so as to form one or more flats, with or without other premises; and, in the case of a house which has been so divided, the cost of such of the external works as relate to the house shall be apportioned between the several parts into which the house has been divided in such way as may be agreed between the persons with owner’s interests in those parts or, in default of agreement, equally.
(3) In the case of a person who participates in a scheme as an unassisted participant, the rate of contribution shall be 100 per cent.
(4) In the case of a person who participates in a scheme as an assisted participant but whose owner’s interest in the part of the qualifying building in question is an interest in premises other than a house or flat, the rate of contribution, subject to subsection (5) below, shall be—
(a) 25 per cent. in a case where the qualifying building is in a renewal area; and
(b) 50 per cent. in any other case;
and in this subsection “house” includes a house in multiple occupation.
(5) The Secretary of State may by order amend paragraph (a) or paragraph (b) of subsection (4) above so as to specify a percentage different from that which applied before the coming into force of the order.
(6) In the case of any other person who participates in a scheme as an assisted participant, the rate of contribution shall be such percentage as may be determined by the local housing authority, being a percentage between nil and that which would be appropriate if subsection (4) above applied; and, in making their determination under this subsection in the case of any person, the authority shall have regard—
(a) to the way in which section 109 or section 110 above would apply in his case if he were an applicant for a renovation grant or, as the case may require, an HMO grant; and
(b) to any guidance given by the Secretary of State for the purposes of this section;
and section 99 above applies to the power to give guidance as mentioned in paragraph (b) above as it applies to any power to give guidance under Part VII of this Act.
(7) Except as provided by subsection (8) below, no external works shall be carried out to a part of a building which consists of a house, flat or other premises in respect of which no person eligible to participate has signified scheme consent.
(8) Subsection (7) above does not apply—
(a) to works carried out to a part of a building in respect of which there is no person (or no ascertainable person) eligible to participate in the scheme; or
(b) to works which—
(i) are carried out to a part of a building in respect of which the person eligible to participate consents to their being carried out but has not signified scheme consent (and, accordingly, is not liable to contribute); and
(ii) it is necessary to carry out in order satisfactorily to carry out any external works specified in the scheme to another part of the building in respect of which a person eligible to participate has signified scheme consent.
(1) When the external works specified in a group repair scheme are completed, the local housing authority shall, for the purposes of this section, send to each assisted participant a certificate specifying the date on which the works were completed to their satisfaction; and in subsection (2) below that date is referred to as “the completion date”.
(2) It shall be a condition of participation in a group repair scheme as an assisted participant that if, before the expiry of the period of three years beginning with the completion date, the assisted participant makes a relevant disposal (other than an exempt disposal) of the dwelling or other premises in which he had an owner’s interest at the date of the approval of the scheme, then, subject to subsection (6) below, he shall pay to the local housing authority on demand the outstanding balance determined in accordance with subsections (3) and (4) below or such lesser amount, being not less than one-third of that outstanding balance, as the authority may specify in the demand.
(3) Subject to subsection (4) below, in the case of any assisted participant, the outstanding balance referred to in subsection (2) above is the difference between—
(a) the cost, as notified to him under the scheme, of such of the external works specified in the scheme as relate to the house or other premises in which his owner’s interest subsisted; and
(b) the amount of the contribution in respect of that cost paid by him by virtue of section 129 above.
(4) If, in the case of any assisted participant, the cost of the external works relating to the house in which he had an owner’s interest falls to be apportioned as mentioned in subsection (2) of section 129 above, the reference in subsection (3) above to the cost of the works relating to the house shall be construed as a reference to that part of the cost which is apportioned to the part of the house in which his owner’s interest subsisted.
(5) Section 124 above applies for the purposes of this section as it applies for the purposes of sections 120 to 123 above, except that for any reference in that section to the dwelling there shall be substituted a reference to the house (or part of a house) or other premises in which the assisted participant had an owner’s interest.
(6) The duty of an assisted participant under subsection (2) above shall cease to apply if he makes such a disposal as is mentioned in that subsection either for no consideration or for consideration of an amount less than that either prescribed, or calculated in accordance with a formula prescribed, by regulations made by the Secretary of State.
(7) In subsections (3) to (5) above “house” shall be construed in accordance with section 129(2) above.
(1) Subject to the provisions of regulations under subsection (3) below, on an application made to them for the purpose, a local housing authority may give assistance as mentioned in subsection (2) below—
(a) for the provision or improvement of thermal insulation in a dwelling;
(b) for the carrying out of works of repair to a dwelling which, at the time of the application, is included in a clearance area, within the meaning of section 289 of the Housing(c) to an elderly owner or tenant of a dwelling for the carrying out of works of repair, improvement or adaptation;
(d) for the carrying out of works to adapt a dwelling to enable an elderly person who is not an owner or tenant of the dwelling but who is or proposes to be resident in the dwelling to be cared for; or
(e) for any other purpose specified by order made by the Secretary of State.
(2) Assistance under this section may be in the form of a grant or the provision of materials but—
(a) the total amount or value of the assistance given on any one application shall not exceed £1,000 or such other sum as may be determined for the purposes of this paragraph in accordance with regulations under subsection (3) below;
(b) the total amount or value of assistance given under this section in any period of three years in respect of any one dwelling shall not exceed £3,000 or such other sum as may be determined for the purposes of this paragraph in accordance with regulations under subsection (3) below; and
(c) no assistance may be given under this section in respect of works if they are or are included in the eligible works in relation to an application for a grant which has been approved under the preceding provisions of this Part.
(3) The Secretary of State may by regulations make provision for the determination of sums for the purposes of paragraphs (a) and (b) of subsection (2) above and, in addition, may for the purposes of this section specify—
(a) the manner in which an application for assistance is to be made and the content of such an application;
(b) the descriptions of dwellings and works in respect of which assistance may be given;
(c) the descriptions of persons to whom assistance may be given;
(d) the procedure for dealing with applications under subsection (1) above and for ensuring that works are carried out to any standard specified in the regulations; and
(e) the way in which the amount of assistance to be given on any application is to be calculated, taking account, in such manner and to such extent as may be determined under the regulations, of the financial circumstances of the applicant.
(1) The Secretary of State may pay contributions to local housing authorities towards such expenditure incurred by them under this Part as he may determine.
(2) The rate or rates of the contributions, the calculation of the expenditure to which they relate and the manner of their payment shall be such as may be determined by the Secretary of State with the consent of the Treasury.
(3) A determination under subsection (1) or subsection (2) above may be made—
(a) generally, or
(b) with respect to a particular local housing authority or description of authority, including a description framed by reference to authorities in a particular area,
and may make different provision in relation to different cases or descriptions of case.
(4) Subsections (3) to (6) of section 96 above shall apply in relation to this section, substituting a reference to subsection (1) or, as the case may be, subsection (2) above for any reference to the corresponding subsection of that section.
(5) In the application of section 516 of the [1985 c. 68.] Housing Act 1985 (contributions by Secretary of State towards expense of grants under Part XV of that Act) in relation to a case where—
(a) an application under section 461 of that Act has been approved by the local housing authority after 14th June 1989, and
(b) the date which is the certified date, as defined in section 499(3) of that Act, in relation to the works to which that application relates falls on or after the day appointed under section 195 below for the coming into force of section 101 above,
for subsection (2) there shall be substituted the following subsection—
“(2) In the case of any grant, the contribution—
(a) shall be equal to a percentage of the amount of the grant determined under subsections (3) and (4) below; and
(b) shall be payable in one sum or by two or more instalments, according as the Secretary of State may determine.”
(1) In relation to a grant or an application for a grant, references in the preceding provisions of this Part, and in subsection (2) below, to the applicant shall be construed in relation to any time after his death as a reference to his personal representatives.
(2) Where an application for a grant is approved but before the certified date the applicant ceases to be a person entitled to apply for a grant of that description—
(a) in the case of any grant, other than a common parts grant, no grant shall be paid or, as the case may be, no further instalments shall be paid, and
(b) in the case of a common parts grant, other than one made on a tenants' common parts application, the local housing authority may refuse to pay the grant or any further instalment,
and the authority may demand that any instalment of the grant which has been paid be repaid forthwith, together with interest from the date on which it was paid until repayment at such reasonable rate as the authority may determine.
(3) For the purposes of subsection (2) above an applicant ceases to be a person entitled to apply for a grant, other than a common parts grant,—
(a) if he ceases to have the owner’s interest by virtue of which the condition in section 104(1)(a) above was (or was treated as) fulfilled, or
(b) if he ceases to be a tenant of the dwelling, or
(c) if he, or a member of his family, ceases to have the intention specified in a certificate under subsection (2), subsection (3) or subsection (4) (as the case may be) of section 106 above, or
(d) if, in the case of an applicant for an HMO grant, he ceases to have the intention specified in a certificate under section 106(7) above.
(4) For the purposes of subsection (2) above an applicant whose application is a landlord’s common parts application ceases to be a person entitled to apply for a common parts grant—
(a) if he ceases to have a duty or power to carry out the relevant works; or
(b) if he ceases to have such an interest in the building as is referred to in paragraph (a) or paragraph (b) of section 105(4) above.
(1) Where an application for a grant has been approved by the local housing authority, subsection (2) below applies in any case where—
(a) the eligible works are not completed to the satisfaction of the authority within the period specified under subsection (2) of section 118 above, or such extended period as they may allow under subsection (3) of that section; or
(b) the authority ascertain that the aggregate of the cost of completing the eligible works and the costs incurred with respect to preliminary or ancillary services and charges, is or is likely to be lower than the estimated expense; or
(c) the authority ascertain that without their knowledge the eligible works were started before the application was approved and the application was neither—
(i) one which they were required to approve by virtue of section 112 above in a case where completion of the relevant works was necessary to comply with a notice under section 189 of the [1985 c. 68.] Housing Act 1985 (repair notice requiring works to render premises fit for human habitation); nor
(ii) one which they were required to approve by virtue of section 113 above.
(2) Where this subsection applies, the authority may—
(a) refuse to pay the grant or any further instalment of grant which remains to be paid; or
(b) make a reduction in the grant which, in a case falling within subsection (1)(b) above, is to be a reduction proportionate to the reduction in the estimated expense;
and may demand repayment by the applicant forthwith, in whole or part, of the grant or any instalment of the grant paid, together with interest at such reasonable rate as the authority may determine from the date of payment until repayment.
(1) A local housing authority may by agreement with a person having the requisite interest execute at his expense—
(a) any works towards the cost of which a grant under this Part is payable or might be paid on an application duly made and approved; and
(b) any further works which it is in their opinion necessary or desirable to execute together with the works mentioned in paragraph (a) above.
(2) Except in the case of a common parts grant, the “requisite interest” means an owner’s interest in every parcel of land on which the works are to be carried out or, in a case where (if an application was made) section 104(4) above might apply, in part only of the land concerned.
(3) In the case of a common parts grant, the reference in subsection (1) above to a person having the requisite interest is a reference to the person who—
(a) has a power or duty to carry out the relevant works; and
(b) has such an interest in the building or in a flat in the building as is referred to in subsection (4) of section 105 above.
Sections 104 and 106 above do not apply to—
(a) an application for a grant in respect of glebe land or the residence house of an ecclesiastical benefice; and
(b) an application for a grant made by a charity or on behalf of a charity by the charity trustees of the charity.
(1) Orders under this Part—
(a) may make different provision with respect to different cases or descriptions of cases, including different provision for different areas; and
(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) Orders and regulations under this Part may contain such incidental, supplemental or transitional provisions as the Secretary of State considers appropriate.
(1) In this Part, except where the context otherwise requires,—
“agricultural population” means—
persons whose employment or latest employment is or was employment in agriculture or in an industry mainly dependent on agriculture, and
the dependents of those persons;
and for this purpose “agriculture” includes dairy-farming and poultry-farming and the use of land as grazing, meadow or pasture land, or orchard or osier land or woodland, or for market gardens or nursery grounds;
“certified date” means the date certified by the local housing authority as the date on which the execution of the eligible works is completed to their satisfaction;
“charity” does not include a registered housing association but, subject to that, has the same meaning as in the [1960 c. 58.] Charities Act 1960;
“common parts”, in relation to a building, includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more flats in the building;
“disabled person” has the meaning assigned by section 114(6) above;
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
“the eligible works” shall be construed in accordance with section 116(2)(a) above;
“the estimated expense” shall be construed in accordance with section 116(2) above;
“flat”, in relation to a building, means a dwelling which is a separate set of premises, whether or not on the same floor, divided horizontally from some other part of the building;
“group repair scheme” has the meaning assigned by section 127(1) above;
“house in multiple occupation” has the same meaning as in Part VII above;
“improvement” includes alteration and enlargement;
“initial period” means the period of five years beginning with the certified date;
“landlord’s common parts application” has the meaning assigned by section 105(2)(b) above;
“local housing authority” has the same meaning as in the [1985 c. 68.] Housing Act 1985;
“long tenancy” has the meaning assigned by section 115 of that Act;
“occupying tenant” has the meaning assigned by section 105(2)(a) above;
“owner”, in relation to a dwelling, means the person who—
(a) is for the time being entitled to receive from a lessee of the dwelling (or would be so entitled if the dwelling were let) a rent of not less than two-thirds of the net annual value of the dwelling; and
(b) is not himself liable as lessee of the dwelling, or of property which includes the dwelling, to pay such a rent to a superior landlord;
and, in relation to a house in multiple occupation, “owner” has the same meaning as in Part XI of the Housing Act 1985;
“owner’s interest” has the meaning assigned by section 104(2) above;
“participating landlord” has the meaning assigned by section 105(3) above;
“preliminary or ancillary services and charges” has the meaning assigned by section 102(3) above;
“prescribed” means prescribed by regulations made by the Secretary of State;
“the relevant works” has the meaning assigned by section 102(2)(a) above;
“tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy;
“tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant;
“tenants' common parts application” has the meaning assigned by section 105(2)(c) above.
(2) Section 113 of the [1985 c. 68.] Housing Act 1985 (meaning of “members of a person’s family”) shall apply in determining whether a person is a member of another’s family for the purposes of this Part.
Local Government and Housing Act 1989 (C. 42)