Housing Grants, Construction and Regeneration Act 1996

87 Unfitness for human habitation, &c.: power to charge for enforcement action

(1) A local housing authority may make such reasonable charge as they consider appropriate as a means of recovering certain administrative and other expenses incurred by them in taking action of any of the following kinds—

(a) serving a deferred action notice under section 81 or deciding to renew such a notice under section 84;

(b) serving a notice under section 189 of the [1985 c. 68.] Housing Act 1985 (repair notice in respect of house which unfit for human habitation);

(c) serving a notice under section 190 of that Act (repair notice in respect of house in state of disrepair but not unfit for human habitation);

(d) making a closing order under section 264 of that Act;

(e) making a demolition order under section 265 of that Act.

(2) The expenses are, in the case of the service of a notice under section 81 of this Act or section 189 or 190 of the Housing Act 1985, the expenses incurred in—

(a) determining whether to serve the notice,

(b) identifying the works to be specified in the notice, and

(c) serving the notice.

(3) The expenses are, in the case of a decision to renew a notice under section 84 of this Act, the expenses incurred in—

(a) deciding whether to renew the notice, and

(b) serving notice of the authority’s decision.

(4) The expenses are, in the case of a closing order under section 264 of the Housing Act 1985 or a demolition order under section 265 of that Act, the expenses incurred in—

(a) determining whether to make the order, and

(b) serving notice of the order.

(5) The amount of the charge shall not exceed such amount as is specified by order of the Secretary of State.

(6) Where a court allows an appeal against the underlying notice, decision or order mentioned in subsection (1), it may make such order as it thinks fit reducing, quashing or requiring the repayment of any charge under this section made in respect of the notice, decision or order.