(1)If it appears to a local authority—
(a)that a building is without sufficient closet accommodation,
(b)that a part of a building, being a part that is occupied as a separate dwelling, is without sufficient closet accommodation, or
(c)that any closets provided for or in connection with a building are in such a state as to be prejudicial to health or a nuisance and cannot without reconstruction be put into a satisfactory condition,
the authority shall, by notice to the owner of the building, require him to provide the building with such closets or additional closets, or such substituted closets, being in each case either water-closets or earth-closets, as may be necessary.
(2)Unless a sufficient water supply and sewer are available, the authority shall not require the provision of a water-closet except in substitution for an existing water-closet.
(3)Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.
(4)Among the grounds on which an appeal may be brought under section 102 below against such a notice is that—
(a)the need for the works to be executed under the notice would not, in whole or in part, arise but for the occupation of part of the building as a separate dwelling, and the occupation of that part as a separate dwelling is a matter in respect of which the appellant has a cause of action, and
(b)the person against whom the appellant has a cause of action ought to contribute towards the expenses of executing the works.
(5)Where the grounds on which an appeal under section 102 below is brought include the ground specified in subsection (4) above—
(a)the appellant shall serve a copy of his notice of appeal on the person or persons referred to in that ground of appeal, and
(b)on the hearing of the appeal the court [F1or tribunal] may make such order as it thinks fit with respect to—
(i)the contribution to be made by any such person towards the cost of the works, or
(ii)the proportion in which any expenses that may be recoverable by the local authority are to be borne by the appellant and any such other person.
(6)This section does not apply to—
(a)a factory,
(b)a building that is used as a workplace, or
(c)premises to which the M1Offices, Shops and Railway Premises Act 1963 applies.
Textual Amendments
F1Words in s. 64(5)(b) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 17; S.I. 2023/993, reg. 2(o)(i) (with reg. 6)
Modifications etc. (not altering text)
C1S. 64(1) applied (with modifications) (07. 08. 1991) by S.I. 1991/1773, art. 8(2)(3), Sch.2.S. 64(1) applied (with modifications) (10. 01. 1992) by S.I. 1991/2913, art. 8(2)(3), Sch.2.
C2S. 64(1): certain functions transferred (07. 08. 1991) by S.I. 1991/1773, art. 8(1)(3), Sch.2.S. 64(1): certain functions transferred (10. 01. 1992) by S.I. 1991/2913, art. 8(1)(3), Sch.2.
Marginal Citations