Office of Public Sector Information
Section 254
1 (1) The following paragraphs list buildings which are not houses in multiple occupation for any purposes of this Act other than those of Part 1.
(2) In this Schedule “building” includes a part of a building.
2 (1) A building where the person managing or having control of it is—
(a) a local housing authority,
(b) a body which is registered as a social landlord under Part 1 of the Housing Act 1996 (c. 52),
(c) a police authority established under section 3 of the Police Act 1996 (c. 16),
(d) the Metropolitan Police Authority established under section 5B of that Act,
(e) a fire and rescue authority, or
(f) a health service body within the meaning of section 4 of the National Health Service and Community Care Act 1990 (c. 19).
(2) In sub-paragraph (1)(e) “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004 (c. 21).
3 Any building whose occupation is regulated otherwise than by or under this Act and which is of a description specified for the purposes of this paragraph in regulations made by the appropriate national authority.
4 (1) Any building—
(a) which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at a specified educational establishment or at an educational establishment of a specified description, and
(b) where the person managing or having control of it is the educational establishment in question or a specified person or a person of a specified description.
(2) In sub-paragraph (1) “specified” means specified for the purposes of this paragraph in regulations made by the appropriate national authority.
(3) Sub-paragraph (4) applies in connection with any decision by the appropriate national authority as to whether to make, or revoke, any regulations specifying—
(a) a particular educational establishment, or
(b) a particular description of educational establishments.
(4) The appropriate national authority may have regard to the extent to which, in its opinion—
(a) the management by or on behalf of the establishment in question of any building or buildings occupied for connected educational purposes is in conformity with any code of practice for the time being approved under section 233 which appears to the authority to be relevant, or
(b) the management of such buildings by or on behalf of establishments of the description in question is in general in conformity with any such code of practice,
as the case may be.
(5) In sub-paragraph (4) “occupied for connected educational purposes”, in relation to a building managed by or on behalf of an educational establishment, means occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at the establishment.
5 (1) Any building which is occupied principally for the purposes of a religious community whose principal occupation is prayer, contemplation, education or the relief of suffering.
(2) This paragraph does not apply in the case of a converted block of flats to which section 257 applies.
6 (1) Any building which is occupied only by persons within the following paragraphs—
(a) one or more persons who have, whether in the whole or any part of it, either the freehold estate or a leasehold interest granted for a term of more than 21 years;
(b) any member of the household of such a person or persons;
(c) no more than such number of other persons as is specified for the purposes of this paragraph in regulations made by the appropriate national authority.
(2) This paragraph does not apply in the case of a converted block of flats to which section 257 applies, except for the purpose of determining the status of any flat in the block.
7 Any building which is occupied only by two persons who form two households.
Section 265(1)
1 (1) Section 11A of the Parliamentary Commissioner Act 1967 (consultation between Parliamentary Commissioner and Welsh Administration Ombudsman or Health Service Commissioners) is amended as follows.
(2) In the sidenote for “Welsh Administration Ombudsman or Health Service Commissioners” substitute “other Commissioners or Ombudsmen”.
(3) In subsection (1)—
(a) after “Ombudsman” insert “, of the Social Housing Ombudsman for Wales”; and
(b) in paragraph (b) for “or” substitute “, under regulations under section 51B of the Housing Act 1996 or under”.
(4) In subsection (2) after “Ombudsman” insert “, the Social Housing Ombudsman for Wales”.
2 The Land Compensation Act 1973 has effect subject to the following amendments.
3 (1) Section 29 (right to home loss payment where person displaced from dwelling) is amended as follows.
(2) In subsection (1)—
(a) for paragraph (b) substitute—
“(b) the making of a housing order in respect of the dwelling;”; and
(b) in paragraph (ii) for the words from “the order” onwards substitute “the housing order;”.
(3) In subsection (3A) for the words from “the acceptance” onwards substitute “the carrying out of any improvement to the dwelling unless he is permanently displaced from it in consequence of the carrying out of that improvement.”
(4) For subsection (7) substitute—
“(7) In this section “a housing order” means—
(a) a prohibition order under section 20 or 21 of the Housing Act 2004, or
(b) a demolition order under section 265 of the Housing Act 1985.”
4 (1) Section 33D (loss payments: exclusions) is amended as follows.
(2) In subsection (4) for paragraphs (b) and (c) substitute—
“(b) notice under section 11 of the Housing Act 2004 (improvement notice relating to category 1 hazard);
(c) notice under section 12 of that Act (improvement notice relating to category 2 hazard);”.
(3) For subsection (5) substitute—
“(5) These are the orders—
(a) an order under section 20 of the Housing Act 2004 (prohibition order relating to category 1 hazard);
(b) an order under section 21 of that Act (prohibition order relating to category 2 hazard);
(c) an order under section 43 of that Act (emergency prohibition orders);
(d) an order under section 265 of the Housing Act 1985 (demolition order relating to category 1 or 2 hazard).”
5 (1) Section 37 (disturbance payments for persons with compensatable interests) is amended as follows.
(2) In subsection (1)—
(a) for paragraph (b) substitute—
“(b) the making of a housing order in respect of a house or building on the land;”; and
(b) in paragraph (ii) for the words from “the order” onwards substitute “the housing order;”.
(3) In subsection (2)(c) for “closing” substitute “prohibition”.
(4) In subsection (3) for the words from “any such order” onwards substitute “a housing order within paragraph (b) of that subsection unless he was in lawful possession as aforesaid at the time when the order was made.”
(5) In subsection (3A) for the words from “the acceptance” onwards substitute “the carrying out of any improvement to a house or building unless he is permanently displaced in consequence of the carrying out of that improvement.”
(6) In subsection (9) omit “or undertaking”.
6 (1) Section 39 (duty to rehouse residential occupiers) is amended as follows.
(2) In subsection (1) for paragraph (b) substitute—
“(b) the making of a housing order in respect of a house or building on the land;”.
(3) In subsection (6) for the words from “any such order” onwards substitute “a housing order within paragraph (b) of that subsection unless he was residing in the accommodation in question at the time when the order was made.”
(4) In subsection (6A) for the words from “the acceptance” onwards substitute “the carrying out of any improvement to a house or building unless he is permanently displaced from the residential accommodation in question in consequence of the carrying out of that improvement.”
(5) In subsection (9) omit “or undertaking”.
7 (1) Section 33 of the Local Government Act 1974 (consultation between the Local Commissioner, other commissioners and the Welsh Administration Ombudsman) is amended as follows.
(2) In the sidenote for “the Parliamentary Commissioner and the Health Service Commissioners” substitute “and other Commissioners and Ombudsmen”.
(3) In subsection (1)—
(a) after paragraph (a) insert—
“(aza) by the Social Housing Ombudsman for Wales, in accordance with regulations under section 51B of the Housing Act 1996,”;
(b) omit “the” after “appropriate Commissioner or”; and
(c) after “the Act of 1967” insert “, under the Housing Act 1996”.
(4) In subsection (2)—
(a) after “Parliamentary Commissioner” insert “, the Social Housing Ombudsman for Wales”; and
(b) omit “the” after “that Commissioner or”.
(5) In subsection (5) after “1967” insert “, in paragraph 13(1) of Schedule 2A to the Housing Act 1996”.
8 In section 9(1) of the Greater London Council (General Powers) Act 1981—
(a) for the words from “a registration scheme” to “section 354 of that Act,” substitute “a licence under Part 2 of the Housing Act 2004”; and
(b) for “358” substitute “134”.
9 In section 2 of the Mobile Homes Act 1983 (terms of agreements) after subsection (4) insert—
“(5) The supplementary provisions in Part 3 of Schedule 1 to this Act have effect for the purposes of paragraphs 8 and 9 of Part 1 of that Schedule.”
10 The Housing Act 1985 has effect subject to the following amendments.
11 In section 8(2) (periodical review of housing needs) for “section 605” substitute “section 3 of the Housing Act 2004”.
12 For section 252(c) (definition of “house in multiple occupation” for purposes of Part 8) substitute—
“(c) “house in multiple occupation” means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act), but does not include any part of such a house which is occupied as a separate dwelling by persons who form a single household.”
13 For section 268 (service of notice of demolition and closing orders) substitute—
(1) A local housing authority who have made a demolition order must serve a copy of the order on every person who, to their knowledge, is—
(a) an owner or occupier of the whole or part of the premises to which the order relates,
(b) authorised to permit persons to occupy the whole or part of those premises, or
(c) a mortgagee of the whole or part of the premises.
(2) The copies required to be served under subsection (1) shall be served within the period of seven days beginning with the day on which the order is made.
(3) A copy of the order is to be regarded as having been served on every occupier in accordance with subsections (1) and (2) if a copy of the order is fixed to some conspicuous part of the premises within the period of seven days mentioned in subsection (2).
(4) A demolition order against which no appeal is brought under section 269 becomes operative at the end of the period of 28 days beginning with the day on which the order is made and is final and conclusive as to matters which could be raised on an appeal.
(5) Section 246 of the Housing Act 2004 (service of notices)—
(a) applies in relation to copies required to be served under this section (instead of section 617 below), and
(b) so applies as it applies in relation to documents required to be served under any provision of Parts 1 to 4 of that Act.”
14 In section 269(1) (right of appeal against demolition or closing order) for the words from “demolition or closing order” to “the order,” substitute “demolition order may, within the period of 28 days beginning with the day on which the order is made,”.
15 After section 269 insert—
(1) One ground of appeal under section 269 in relation to a demolition order made under section 265 is that a course of action mentioned in subsection (2) is the best course of action in relation to the hazard concerned.
(2) The courses of action are—
(a) serving an improvement notice under section 11 or 12 of the Housing Act 2004;
(b) making a prohibition order under section 20 or 21 of that Act;
(c) serving a hazard awareness notice under section 28 or 29 of that Act; or
(d) declaring the area in which the premises concerned are situated to be a clearance area in accordance with section 289 of this Act.
(3) Subsection (4) applies where—
(a) a residential property tribunal is hearing an appeal under section 269 in relation to a demolition order made under section 265; and
(b) the grounds on which the appeal is brought are or include the ground that a course of action mentioned in subsection (2) is the best course of action in relation to each hazard concerned.
(4) The tribunal shall have regard to any guidance given to the local housing authority under section 9 of the Housing Act 2004.
(5) Subsection (6) applies where—
(a) an appeal under section 269 is allowed against a demolition order made under section 265; and
(b) the reason or one of the reasons for allowing the appeal is that a course of action mentioned in subsection (2) is the best course of action in relation to the hazard concerned.
(6) The tribunal shall, if requested to do so by the appellant or the local housing authority, include in its decision a finding to that effect and identifying the course of action concerned.
(7) Subsection (1) of this section is without prejudice to the generality of section 269.”
16 In section 274 (demolition orders: power to permit reconstruction of condemned house) for subsections (2) to (5) substitute—
“(2) If the authority are satisfied that the result of the works will be—
(a) in the case of a demolition order made under section 265(1) or (2), that the hazard concerned ceases to be a category 1 hazard, or
(b) in the case of a demolition order made under section 265(3) or (4), that a prescribed state of affairs exists,
they may, in order that the person submitting the proposals may have an opportunity of carrying out the works, extend for such period as they may specify the time within which the owner of the premises is required under section 271 to demolish them.
(3) In subsection (2) “prescribed state of affairs” means such state of affairs as may be specified or described in an order made by the Secretary of State.
(4) An order under subsection (3)—
(a) may make different provision for different cases or descriptions of case (including different provision for different areas);
(b) may contain such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate; and
(c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) That time may be further extended by the authority, once or more often as the case may require, if—
(a) the works have begun and appear to the authority to be making satisfactory progress, or
(b) though they have not begun, the authority think there has been no unreasonable delay.
(6) Where the authority determine to extend, or further extend, the time within which the owner of any premises is required under section 271 to demolish them, notice of the determination shall be served by the authority on every person having an interest in the premises or part of the premises, whether as freeholder, mortgagee or otherwise.
(7) If the works are completed to the satisfaction of the authority they shall revoke the demolition order (but without prejudice to any subsequent proceedings under this Part or Part 1 of the Housing Act 2004).”
17 After section 274 insert—
A demolition order which has been made in respect of any premises shall cease to have effect if a management order under Chapter 1 or 2 of Part 4 of the Housing Act 2004 comes into force in relation to the premises.”
18 For section 275 (demolition orders: substitution of closing orders) substitute—
(1) If—
(a) an owner of any premises in respect of which a demolition order has become operative, or
(b) any other person who has an interest in the premises,
submits proposals to the local housing authority for the use of the premises for a purpose other than human habitation, the authority may, if they think fit, determine the demolition order and make a prohibition order under section 20 or 21 of the Housing Act 2004 in respect of the hazard concerned.
(2) The authority shall serve notice that the demolition order has been determined, and a copy of the prohibition order, on every person on whom they are required by Part 1 of Schedule 2 to the Housing Act 2004 to serve a copy of the prohibition order.”
19 (1) Section 289 (declaration of clearance area) is amended as follows.
(2) In subsection (2F)(b) for “are unfit for human habitation” substitute “contain category 1 or category 2 hazards”.
(3) In subsection (3)—
(a) in sub-paragraph (i), for the words from “unfit” to “health” substitute “dangerous or harmful to health or safety”; and
(b) in sub-paragraph (ii), for “injurious to health” substitute “harmful to health or safety”.
20 For section 300 (purchase of houses liable to be demolished or closed) substitute—
(1) Where—
(a) the local housing authority would be required under section 5 of the Housing Act 2004 to make a demolition order under section 265(1) or (2) of this Act in respect of a dwelling, a house in multiple occupation or a building containing one or more flats, and
(b) it appears to them that the dwelling, house in multiple occupation or, as the case may be, building is or can be rendered capable of providing accommodation of a standard which is adequate for the time being,
they may purchase it instead.
(2) Where—
(a) the local housing authority would be required under section 5 of the Housing Act 2004 to make a relevant prohibition order in respect of a dwelling, a house in multiple occupation or a building containing one or more flats, and
(b) it appears to them that the dwelling, house in multiple occupation or, as the case may be, building is or can be rendered capable of providing accommodation of a standard which is adequate for the time being,
they may purchase it instead.
(3) In subsection (2) “relevant prohibition order” means a prohibition order under section 20 of the Housing Act 2004 which imposes in relation to the whole of the dwelling, house in multiple occupation or building a prohibition on its use for all purposes other than any purpose approved by the authority.
(4) Where an authority have determined to purchase any premises under subsection (1)—
(a) they shall serve a notice of their determination on the persons on whom they would have been required by section 268(1) to serve a copy of a demolition order, and
(b) sections 268(4) and 269(1), (2), (3) and (6) (operative date and right of appeal) apply to such a notice as they apply to a demolition order.
(5) Where an authority have determined to purchase any premises under subsection (2)—
(a) they shall serve a notice of their determination on the persons on whom they would have been required by Part 1 of Schedule 2 to the Housing Act 2004 (service of prohibition orders) to serve a copy of the relevant prohibition order; and
(b) section 24 of that Act and Parts 1 and 3 of that Schedule (operative date, right of appeal etc.) apply to such a notice as they apply to a prohibition order which is not suspended or to appeals against such an order (as the case may be).
(6) At any time after the notice has become operative the authority may purchase the dwelling, house in multiple occupation or building by agreement or be authorised by the Secretary of State to purchase it compulsorily.
(7) This section does not apply where section 304(1) applies (listed building or building protected pending listing).”
21 For section 304 (closing orders in relation to listed buildings) substitute—
(1) A local housing authority shall not make a demolition order under section 265 (power to make a demolition order) in respect of a listed building.
(2) Where a dwelling, house in multiple occupation or building in respect of which a demolition order has been made becomes a listed building, the local housing authority shall determine the order (whether or not it has become operative).
(3) The local housing authority shall serve notice that the demolition order has been determined on every person on whom they would be required by section 268 to serve a copy of a new demolition order in relation to the premises.
(4) The Secretary of State may give notice in respect of a dwelling, house in multiple occupation or building to the local housing authority stating that its architectural or historic interest is sufficient to render it inexpedient that it should be demolished pending determination of the question whether it should be a listed building; and the provisions of this section apply to a dwelling, house in multiple occupation or building in respect of which such a notice is in force as they apply to a listed building.”
22 In section 307(1) (saving for rights arising from breach of covenant etc.) for the words from “relating to” to “prejudices” substitute “relating to the demolition or purchase of unfit premises prejudices”.
23 In section 308(3) (approval of owner’s proposals for re-development)—
(a) after “Part” insert “or Chapter 2 of Part 1 of the Housing Act 2004”; and
(b) for “, closing or purchase of unfit premises” substitute “or purchase of premises or the prohibition of uses of premises”.
24 Omit section 310 (certificate of fitness for human habitation resulting from owner’s improvements or alterations).
25 In section 318(1)(a) (power of court to authorise execution of works on unfit premises or for improvement)—
(a) for “dwelling-houses” substitute “dwellings”; and
(b) for “injurious to health or unfit for human habitation” substitute “harmful to health or safety”.
26 For section 322 substitute—
(1) In this Part the following expressions have the same meaning as in Part 1 of the Housing Act 2004 (see sections 1(5) to (7) and 2(1) of that Act)—
“building containing one or more flats”,
“category 1 hazard”,
“category 2 hazard”,
“common parts”, in relation to a building containing one or more flats,
“dwelling”,
“flat”,
“hazard”.
(2) In this Part—
“health” includes mental health;
“house in multiple occupation” means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act);
“owner”, in relation to premises—
means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in premises, whether in possession or reversion, and
includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years;
“premises” in relation to a demolition order, means the dwelling, house in multiple occupation or building in respect of which the order is made.
(3) This Part applies to unoccupied HMO accommodation (as defined by section 1(5) of the Housing Act 2004) as it applies to a house in multiple occupation, and references to a house in multiple occupation in this Part are to be read accordingly.”
27 In section 323 (index of defined expressions: Part 9) insert at the appropriate places—
| “building containing one or more flats | section 322” |
| “category 1 hazard | section 322” |
| “category 2 hazard | section 322” |
| “common parts | section 322” |
| “dwelling | section 322” |
Housing Act 2004