Housing Grants, Construction and Regeneration Act 1996

34 Decision and notification. E+W

(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.