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The Housing (Northern Ireland) Order 2003

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This is the original version (as it was originally made).

Introductory

Interpretation of Chapter III

89.  In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions of this Chapter indicated—

assisted participantArticle 94(2), (7), (8) and (9)
balance of the cost (in relation to conditions of participationArticle 99(3)
buildingArticle 90(2)
certificate of future occupationArticle 94(6)
certificate of intended lettingArticle 94(4)
completion dateArticle 96(2)
eligible to participateArticle 94(1)
exempt disposalArticle 102
group repair schemeArticle 90(1)
owner-occupation schemeArticle 90(1)
protected period (in relation to conditions of participation)Article 99(2)
qualifying buildingArticle 91
relevant disposalArticle 102
scheme consentArticle 95(1)
scheme worksArticle 92
tenant and related expressions (in the conttext of a certificate of intended letting)Article 94(5)
unattended participantArticle 94(7) and (11)
Group repair schemes

90.—(1) The Executive may prepare a scheme (a “group repair scheme”) for the carrying out of works—

(a)to put in reasonable repair the exterior of buildings to which the scheme relates, or

(b)to render the buildings to which the scheme relates structurally stable,

or for both those purposes.

(2) For the purposes of this Chapter “building” includes the whole or part of a terrace of houses or other units.

(3) The scheme must satisfy the requirements of Articles 91 and 92 as to the buildings to which it relates and the works specified in it.

Qualifying buildings

91.—(1) The buildings to which a group repair scheme relates must be qualifying buildings.

(2) A building is a qualifying building if at the time the scheme is prepared it satisfies such conditions as may be prescribed for qualifying buildings in relation to a group repair scheme.

(3) A group repair scheme must relate to at least one qualifying building which at the time the scheme is prepared satisfies the conditions prescribed for a primary building in relation to a group repair scheme.

(4) Each of the other qualifying buildings to which a group repair scheme relates must satisfy the conditions prescribed for additional buildings in relation to a group repair scheme.

Scheme works

92.—(1) The works specified in a group repair scheme (“scheme works”) must be works of the following descriptions.

(2) In the case of works to put in reasonable repair the exterior of the buildings to which the scheme relates, the works must be—

(a)works to the exterior of the buildings to which the scheme relates, or

(b)so far only as may be necessary to give satisfactory effect to such works, additional works to other parts of the buildings,

and must be such that on completion of the works the exterior of the buildings will be in reasonable repair.

(3) In the case of works to render the buildings to which the scheme relates structurally stable, the works must be—

(a)works to the structure or to the foundations of the buildings to which the scheme relates, or

(b)other works necessary to give satisfactory effect to such works,

and must be such that on completion of the works the buildings will be structurally stable.

(4) For the purposes of this Chapter the exterior of a building means—

(a)any part of the building 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.

(5) In relation to works to the curtilage of a building the reference in paragraph (2)(b) to additional works to other parts of the building includes additional works on land outside the curtilage.

(6) For the purposes of this Chapter the exterior of a building shall not be regarded as in reasonable repair unless it is substantially free from rising or penetrating damp.

Approval of scheme by the Department

93.—(1) If a group repair scheme prepared by the Executive is approved by the Department, the Executive may, with the consent of the persons participating in the scheme, enter into agreements to secure the carrying out of the works specified in the scheme.

(2) The approval of the Department may be given either to a specific scheme or generally to schemes which fulfil such criteria as the Department may specify.

(3) Different criteria may be specified for different types of scheme and for different areas.

(4) The approval of a scheme may be made conditional upon compliance with requirements specified by the Department.

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