Office of Public Sector Information
PART I continued CHAPTER I continued
“qualifying owner’s interest” means an owner’s interest meeting the condition in subsection (1)(a) or treated by virtue of subsection (3) as meeting that condition; and
“qualifying tenant” means a tenant who meets the conditions in subsection (1)(b).
(5) In this Chapter“tenant”, in relation to a disabled facilities grant, includes—
(a) a secure tenant, introductory tenant or statutory tenant,
(b) a protected occupier under the [1976 c. 80.] Rent (Agriculture) Act 1976 or a person in occupation under an assured agricultural occupancy within the meaning of Part I of the [1988 c. 50.] Housing Act 1988,
(c) an employee (whether full-time or part-time) who occupies the dwelling or flat concerned for the better performance of his duties, and
(d) a person having a licence to occupy the dwelling or flat concerned which satisfies such conditions as may be specified by order of the Secretary of State;
and other expressions relating to tenancies, in the context of an application for disabled facilities grant, shall be construed accordingly.
In this Chapter the“disabled occupant”, in relation to an application for disabled facilities grant, means the disabled person for whose benefit it is proposed to carry out any of the relevant works.
(1) A local housing authority shall not entertain an owner’s application for a disabled facilities grant unless it is accompanied by an owner’s certificate in respect of the dwelling to which the application relates or, in the case of a common parts application, in respect of each flat in the building occupied or proposed to be occupied by a disabled occupant.
(2) An“owner’s certificate”, for the purposes of an application for a disabled facilities grant, certifies that the applicant—
(a) has or proposes to acquire a qualifying owner’s interest, and
(b) intends that the disabled occupant will live in the dwelling or flat as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.
(1) A local housing authority shall not entertain a tenant’s application for a disabled facilities grant unless it is accompanied by a tenant’s certificate.
(2) A“tenant’s certificate”, for the purposes of an application for a disabled facilities grant, certifies—
(a) that the application is a tenant’s application, and
(b) that the applicant intends that he (if he is the disabled occupant) or the disabled occupant will live in the dwelling or flat as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.
(3) Except where the authority consider it unreasonable in the circumstances to require such a certificate, they shall not entertain a tenant’s application for a disabled facilities grant unless it is also accompanied by an owner’s certificate from the person who at the time of the application is the landlord under the tenancy.
(1) The purposes for which an application for a disabled facilities grant must be approved, subject to the provisions of this Chapter, are the following—
(a) facilitating access by the disabled occupant to and from the dwelling or the building in which the dwelling or, as the case may be, flat is situated;
(b) making the dwelling or building safe for the disabled occupant and other persons residing with him;
(c) facilitating access by the disabled occupant to a room used or usable as the principal family room;
(d) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room used or usable for sleeping;
(e) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a lavatory, or facilitating the use by the disabled occupant of such a facility;
(f) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a bath or shower (or both), or facilitating the use by the disabled occupant of such a facility;
(g) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a washhand basin, or facilitating the use by the disabled occupant of such a facility;
(h) facilitating the preparation and cooking of food by the disabled occupant;
(i) improving any heating system in the dwelling to meet the needs of the disabled occupant or, if there is no existing heating system in the dwelling or any such system is unsuitable for use by the disabled occupant, providing a heating system suitable to meet his needs;
(j) facilitating the use by the disabled occupant of a source of power, light or heat by altering the position of one or more means of access to or control of that source or by providing additional means of control;
(k) facilitating access and movement by the disabled occupant around the dwelling in order to enable him to care for a person who is normally resident in the dwelling and is in need of such care;
(l) such other purposes as may be specified by order of the Secretary of State.
(2) An application for a disabled facilities grant may be approved, subject to the provisions of this Chapter, for the purpose of making the dwelling or building suitable for the accommodation, welfare or employment of the disabled occupant in any other respect.
(3) If in the opinion of the local housing authority the relevant works are more or less extensive than is necessary to achieve any of the purposes set out in subsection (1) or the purpose mentioned in subsection (2), they may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to or, as the case may be, include such works as seem to the authority to be necessary for that purpose.
(1) The local housing authority—
(a) shall approve an application for a disabled facilities grant for purposes within section 23(1), and
(b) may if they think fit approve an application for a disabled facilities grant not for a purpose within that provision but for the purpose specified in section 23(2),
subject to the following provisions.
(2) Where an authority entertain an owner’s application for a disabled facilities grant made by a person who proposes to acquire a qualifying owner’s interest, they shall not approve the application until they are satisfied that he has done so.
(3) A local housing authority shall not approve an application for a disabled facilities grant unless they are satisfied—
(a) that the relevant works are necessary and appropriate to meet the needs of the disabled occupant, and
(b) that it is reasonable and practicable to carry out the relevant works having regard to the age and condition of the dwelling or building.
In considering the matters mentioned in paragraph (a) a local housing authority which is not itself a social services authority shall consult the social services authority.
(4) An authority proposing to approve an application for a disabled facilities grant shall consider—
(a) in the case of an application in respect of works to a dwelling, whether the dwelling is fit for human habitation;
(b) in the case of a common parts application, whether the building meets the requirements in section 604(2) of the [1985 c. 68.] Housing Act 1985.
and the authority shall take that into account in deciding whether it is reasonable and practicable to carry out the relevant works.
(5) A local housing authority shall not approve a common parts application for a disabled facilities grant unless they are satisfied that the applicant has a power or is under a duty to carry out the relevant works.
(1) A local housing authority shall not entertain an application for an HMO grant unless they are satisfied that the applicant has or proposes to acquire an owner’s interest in every parcel of land on which the relevant works are to be carried out.
(2) In accordance with directions given by the Secretary of State, a local housing authority may treat the condition in subsection (1) as fulfilled by a person who has, or proposes to acquire, an owner’s interest in only part of the land concerned.
(3) References in this Chapter to “a qualifying owner’s interest”, in relation to an application for an HMO grant, are to an owner’s interest meeting the condition in subsection (1) or treated by virtue of subsection (2) as meeting that condition.
(1) A local housing authority shall not entertain an application for an HMO grant unless it is accompanied by a certificate of future occupation.
(2) A “certificate of future occupation” certifies that the applicant—
(a) has or proposes to acquire a qualifying owner’s interest in the house, and
(b) intends that throughout the grant condition period the house or a part of it (specified in the certificate) will be residentially occupied, or available for residential occupation, under tenancies or licences by persons who are not connected with the owner for the time being of the house.
In paragraph (b) “residential occupation” does not include occupation for a holiday, and “tenancies” does not include a long tenancy.
(1) The purposes for which an application for an HMO grant (other than a conversion application) may be approved are—
(a) to comply with a notice under section 189 of the [1985 c. 68.] Housing Act 1985 (repair notice in respect of unfit premises) or otherwise to render the house fit for human habitation;
(b) to comply with a notice under section 190 of that Act (repair notice in respect of premises not unfit but in need of substantial repair) or otherwise to put the building in reasonable repair;
(c) to comply with a notice under section 352 of that Act (notice requiring works to render premises fit for the number of occupants) or otherwise to enable the house to meet one or more of the requirements in subsection (1A) of that section;
(d) to provide adequate thermal insulation;
(e) to provide adequate facilities for space heating;
(f) to provide satisfactory internal arrangements;
(g) to provide means of escape in case of fire or other fire precautions, not being precautions required under or by virtue of any enactment (whenever passed);
(h) to ensure that the house complies with such requirements with respect to construction or physical condition as may be specified by the Secretary of State;
(i) to ensure that there is compliance with such requirements with respect to the provision or condition of services and amenities to or within the house as are so specified;
(j) any other purpose for the time being specified for the purposes of this section by order of the Secretary of State.
(2) The purpose for which a conversion application may be approved is to provide a house in multiple occupation by the conversion of a house or other building.
(3) If in the opinion of the authority the relevant works are more or less extensive than is necessary to achieve any of the purposes set out in subsection (1) or (2), they may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to or, as the case may be, include such works as seem to the authority to be necessary for that purpose.
(4) In exercise of the powers conferred by paragraphs (h) and (i) of subsection (1) the Secretary of State may specify requirements generally or for particular cases, and may specify different requirements for different areas.
(1) The local housing authority may approve an application for an HMO grant if they think fit, subject to the following provisions.
(2) The authority shall not approve an application for an HMO grant unless they are satisfied that the works are necessary for one or more of the purposes set out in section 27(1) or (2).
(3) Where an authority entertain an application for an HMO grant made by a person who proposes to acquire a qualifying owner’s interest, they shall not approve the application until they are satisfied that he has done so.
(4) An authority proposing to approve an application for an HMO grant shall consider whether the house to which the application relates is fit for human habitation and meets the requirements in section 352(1A) of the [1985 c. 68.] Housing Act 1985.
(5) If it appears to the authority that the house is not fit for human habitation or does not meet those requirements, they shall not approve the application unless they are satisfied—
(a) that on completion of the relevant works, together with any other works proposed to be carried out, the house will be fit for human habitation and meet those requirements,
(b) that there are satisfactory financial and other arrangements for carrying out those works, and
(c) that the carrying out of the works is the most satisfactory course of action.
(6) In considering whether to approve an application for an HMO grant the local housing authority shall have regard to the expected life of the house (taking account, where appropriate, of the effect of carrying out the works).
(1) Subject as follows, a local housing authority shall not approve an application for a grant if the relevant works have been begun before the application is approved.
(2) Where the relevant works have been begun but have not been completed, the authority may approve the application for a grant if they are satisfied that there were good reasons for beginning the works before the application was approved.
(3) Where an authority decide to approve an application in accordance with subsection (2), they may, with the consent of the applicant, treat the application as varied so that the relevant works do not include any that are completed.
But in determining for the purposes of the application the physical condition of the dwelling, common parts or house or other building concerned, they shall consider the condition of the premises at the date of the application.
(4) Subject as follows, a local housing authority shall not approve an application for a grant if the relevant works have been completed.
(5) Nothing in this section applies to an application for a grant in respect of works necessary—
(a) to render a dwelling fit for human habitation or to comply with a notice under section 189 or 190 of the Housing Act 1985 (repair notices), or
(b) to enable a house in multiple occupation to meet one or more of the requirements in section 352(1A) of that Act (fitness for the number of occupants) or to comply with a notice under that section.
(6) If the local housing authority consider that the relevant works include works in addition to those necessary for the purposes mentioned in subsection (5)(a) or (b), they shall treat the application as an application to which this section applies so far as it relates to those additional works.
(1) This section applies—
(a) to an application for a renovation grant which is—
(i) an owner’s application accompanied by an owner-occupation certificate, or
(ii) a tenant’s application; and
(b) to any application for a disabled facilities grant.
(2) An owner’s application for a renovation grant shall be treated as falling within this section if it is a conversion application for the provision of two or more dwellings and any of the certificates accompanying the application is an owner-occupation certificate.
(3) If in the case of an application for a renovation grant to which this section applies the financial resources of the applicant exceed the applicable amount, the amount of any grant which may be paid shall, in accordance with regulations, be reduced from what it would otherwise have been.
(4) If in the case of an application for a disabled facilities grant the financial resources of any person of a description specified by regulations exceed the applicable amount, the amount of any grant which may be paid shall, in accordance with regulations, be reduced from what it would otherwise have been.
(5) Provision may be made by regulations—
(a) for the determination of the amount which is to be taken to be the financial resources of any person,
(b) for the determination of the applicable amount referred to in subsection (3) or (4), and
(c) as to circumstances in which the financial resources of a person are to be assumed (by reason of his receiving a prescribed benefit or otherwise) not to exceed the applicable amount.
(6) Regulations may, in particular—
(a) make provision for account to be taken of the income, assets, needs and outgoings not only of the person himself but also of his spouse, any person living with him or intending to live with him and any person on whom he is dependent or who is dependent on him;
(b) make provision for amounts specified in or determined under the regulations to be taken into account for particular purposes.
(7) Regulations may apply for the purposes of this section, subject to such modifications as may be prescribed, any other statutory means-testing regime as it has effect from time to time.
(8) Regulations may make provision requiring any information or evidence needed for the determination of any matter under this section to be furnished by such person as may be prescribed.
(9) In this section “regulations” means regulations made by the Secretary of State with the consent of the Treasury.
(1) This section applies to—
(a) an owner’s application for a renovation grant which is accompanied by a certificate of intended letting (not being an application which falls within section 30: see subsection (2) of that section),
(b) a landlord’s application for a common parts grant,
(c) a landlord’s application for a disabled facilities grant, and
(d) any application for an HMO grant.
(2) The reference in subsection (1)(c) to a landlord’s application for a disabled facilities grant is to an owner’s application in respect of works to a dwelling which is or is intended to be let, or to the common parts of a building in which a flat is or is intended to be let.
(3) The amount of the grant (if any) shall be determined by the local housing authority, having regard to—
(a) the extent to which the landlord is able to charge a higher rent for the premises because of the works, and
(b) such other matters as the Secretary of State may direct.
(4) The authority may, if they think it appropriate, seek and act upon the advice of rent officers as to any matter.
(5) The Secretary of State may by regulations make provision requiring any information or evidence needed for the determination of any matter under this section to be furnished by such person as may be prescribed.
(1) This section applies where a local housing authority approve a tenants' application for a common parts grant.
(2) The local housing authority shall decide how much of the cost of the relevant works is attributable to the applicants (“the attributable cost”).
(3) For the purposes of this section the attributable cost is an amount equal to the following proportion of the cost of the relevant works—
(a) if it can be ascertained, the proportion that the aggregate of the respective liabilities of each of the applicants to carry out or contribute to the carrying out of the relevant works bears to the aggregate of all such liabilities on the part of all persons (including the applicants) so liable; or
(b) if the proportion mentioned in paragraph (a) cannot be ascertained, the proportion that the number of applicants bears to the number of persons (including the applicants) liable to carry out or contribute to the carrying out of works to the building.
(4) The local housing authority shall then apportion the attributable cost to each of the applicants—
(a) in a case where the attributable cost is calculated by reference to the proportion mentioned in subsection (3)(a), according to the proportion that his liabilities to carry out or contribute to the carrying out of the relevant works bears to the aggregate of the applicants' liabilities mentioned in that paragraph; or
(b) in a case where the attributable cost is calculated by reference to the proportion mentioned in subsection (3)(b), equally.
(5) The amount of the grant payable shall be the aggregate of the grants that would be payable to each of the applicants under section 30 or, in the case of a participating landlord, under section 31 if each of the applicants was an individual applicant in respect of his portion of the attributable cost.
(6) Where the interest of an occupying tenant is held jointly by two or more persons, those persons shall be regarded as a single person for the purposes of this section.
(1) The Secretary of State may, if he thinks fit, by order specify a maximum amount or a formula for calculating a maximum amount of grant which a local housing authority may pay in respect of an application for a grant.
(2) An order under this section may make different provision for different types of grant, or for the same type of grant in different circumstances.
(3) In relation to an application for a grant in respect of works for any of the purposes in section 23(1) (mandatory disabled facilities grant), the order may—
(a) provide for a maximum amount of grant to be paid if the application is approved, and
(b) authorise the local housing authority, if they think fit, to pay a further amount in excess of that maximum but subject to such other maximum (if any) as may be specified in or determined in accordance with the order.
(4) An authority may not, except as mentioned in subsection (3), pay an amount of grant in excess of a specified maximum amount.
(1) A local housing authority shall by notice in writing notify an applicant for a grant as soon as reasonably practicable, and, in any event, not later than six months after the date of the application concerned, whether the application is approved or refused.
(2) Where an authority decide to approve an application for a grant, they shall determine—
(a) which of the relevant works are eligible for grant (in this Chapter referred to as “the eligible works”),
(b) the amount of the expenses which in their opinion are properly to be incurred in the execution of the eligible works,
(c) the amount of the costs which in their opinion have been properly incurred, or are properly to be incurred, with respect to preliminary or ancillary services and charges, and
(d) the amount of grant they have decided to pay, taking into account all the relevant provisions of this Chapter.
The total of the amounts referred to in paragraphs (b) and (c) is referred to in this Chapter as “the estimated expense”.
(3) If the authority notify the applicant under subsection (1) that the application is approved, they shall specify in the notice—
(a) the eligible works,
(b) the amounts referred to in subsection (2)(b) and (c), and how those amounts have been calculated, and
(c) the amount of the grant.
(4) If the authority notify the applicant under subsection (1) that the application is refused, they shall at the same time notify him of the reasons for the refusal.
(5) If after an application for a grant has been approved the authority are satisfied that owing to circumstances beyond the control of the applicant—
(a) the eligible works cannot be, or could not have been, carried out on the basis of the amount of expenses referred to in subsection (2)(b),
(b) the amount of the costs which have been or are to be incurred as mentioned in subsection (2)(c) has increased, or
(c) the eligible works cannot be, or could not have been, carried out without carrying out additional works which could not have been reasonably foreseen at the time the application was made,
the authority may re-determine the estimated expense and the amount of the grant.
(6) Where an application for a grant is approved, the local housing authority may not impose any condition in relation to the approval or payment of the grant, except—
(a) as provided by the following provisions of this Chapter, or
(b) with the consent of the Secretary of State;
and this applies whether the condition purports to operate as a condition, a personal covenant or otherwise.
(1) Where the local housing authority have approved an application for a grant, they shall pay the grant, subject to the following provisions of this Chapter.
(2) The grant may be paid—
(a) in whole after the completion of the eligible works, or
(b) in part by instalments as the works progress and the balance after completion of the works.
(3) Where a grant is paid by instalments, the aggregate of the instalments paid before the completion of the eligible works shall not at any time exceed nine-tenths of the amount of the grant.
(1) Where the local housing authority are obliged to approve an application for a grant under section 24(1)(a) (mandatory disabled facilities grant), they may do so on terms that payment of the grant, or part of it, will not be made before a date specified in the notification of their decision on the application.
(2) That date shall not be more than twelve months, or such other period as may be specified by order of the Secretary of State, after the date of the application.
(1) It is a condition of payment of every grant that the eligible works are carried out within twelve months from—
(a) the date of approval of the application concerned, or
(b) where section 36 applies (delayed payment of mandatory grant), the date specified in the notification of the authority’s decision,
or, in either case, such further period as the local housing authority may allow.
(2) The authority may, in particular, allow further time where they are satisfied that the eligible works cannot be, or could not have been, carried out without carrying out other works which could not have been reasonably foreseen at the time the application was made.
(3) In approving an application for a grant a local housing authority may require as a condition of payment of the grant that the eligible works are carried out in accordance with such specifications as they determine.
(4) The payment of a grant, or part of a grant, is conditional upon—
(a) the eligible works or the corresponding part of the works being executed to the satisfaction of the authority, and
(b) the authority being provided with an acceptable invoice, demand or receipt for payment for the works and any preliminary or ancillary services or charges in respect of which the grant or part of the grant is to be paid.
For this purpose an invoice, demand or receipt is acceptable if it satisfies the authority and is not given by the applicant or a member of his family.
(1) It is a condition of payment of every grant, unless the local housing authority direct otherwise in any particular case, that the eligible works are carried out by the contractor whose estimate accompanied the application or, where two or more estimates were submitted, by one of those contractors.
(2) The Secretary of State may by regulations make provision as to the establishing and maintaining by local housing authorities of lists of contractors approved by them for the purpose of carrying out grant-aided works.
(3) The regulations may provide that it shall be a condition of payment of every grant by a local housing authority by whom such a list is maintained that, except in such cases as may be prescribed and unless the local housing authority direct otherwise in any particular case, the eligible works are carried out by a contractor who is on the authority’s list of approved contractors.
(1) The local housing authority may pay a grant or part of a grant—
(a) by payment direct to the contractor, or
(b) by delivering to the applicant an instrument of payment in a form made payable to the contractor.
They shall not do so unless the applicant was informed before the grant application was approved that this would or might be the method of payment.
(2) Where an amount of grant is payable, but the works in question have not been executed to the satisfaction of the applicant, the local housing authority may at the applicant’s request and if they consider it appropriate to do so withhold payment from the contractor.
If they do so, they may make the payment to the applicant instead.
(1) This section applies where an application for a grant is approved but before the certified date the applicant ceases to be a person entitled to a grant of that description.
In the case of a joint application this section does not apply unless all the applicants cease to be so entitled.
(2) Where this section applies—
(a) in the case of a renovation grant, disabled facilities grant or HMO 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 approved on a landlord’s 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 this section an applicant ceases to be a person entitled to a renovation grant—
(a) in the case of an owner’s application—
(i) if he ceases to have a qualifying owner’s interest, or
(ii) if he ceases to have the intention specified in the owner-occupation certificate or certificate of intended letting which accompanied the application;
(b) in the case of a tenant’s application—
(i) if he ceases to be a qualifying tenant of the dwelling, or
(ii) if the application was accompanied by a certificate of intended letting and the landlord ceases to have the intention specified in the certificate; or
(c) if the application was approved under section 13(5) (approval of grant in respect of works to unfit premises) and the authority cease to be satisfied of the matters mentioned in that provision.
Housing Grants, Construction and Regeneration Act 1996