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Housing (Northern Ireland) Order 1981
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Housing (Northern Ireland) Order 1981, Section 46 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art.155 revoked by 1997 c. 32 s.46(2) Sch.9
- art.155 revoked by 1997 c. 32 s.46(2) Sch.9
[F1Standard of fitness for human habitationN.I.
46.—(1) Subject to paragraph (2), a house is fit for human habitation for the purposes of this Order unless, in the opinion of the Executive, it fails to meet one or more of the requirements in sub-paragraphs (a) to (i) and, by reason of that failure, is not reasonbly suitable for occupation—
(a)it is structurally stable;
(b)it is free from serious disrepair;
(c)it is free from dampness prejudicial to the health of the occupants (if any);
(d)it has adequate provision for lighting, heating and ventilation;
(e)it has an adequate piped supply of wholesome water;
(f)there are satisfactory facilities in the house for the preparation and cooking of food, including a sink with a satisfactory supply of hot and cold water;
(g)it has a suitably located water-closet for the exclusive use of the occupants (if any);
(h)it has, for the exclusive use of the occupants (if any), a suitably located fixed bath or shower and wash-hand basin each of which is provided with a satisfactory supply of hot and cold water; and
(i)it has an effective system for the draining of foul, waste and surface water;
and any reference to a house being unfit for human habitation shall be construed accordingly.
(2) Whether or not a house which is a flat satisfies the requirements in paragraph (1), it is unfit for human habitation for the purposes of this Order if, in the opinion of the Executive, the building or a part of the building outside the flat fails to meet one or more of the requirements in sub-paragraphs (a) to (e) and, by reason of that failure, the flat is not reasonably suitable for occupation—
(a)the building or part is structurally stable;
(b)it is free from serious disrepair;
(c)it is free from dampness;
(d)it has adequate provision for ventilation; and
(e)it has an effective system for the draining of foul, waste and surface water.
(3) The Department may by order amend the provisions of paragraph (1) or paragraph (2) in such manner and to such extent as it considers appropriate; and any such order—
(a)may contain such transitional and supplementary provisions as the Department considers expedient; and
(b)shall be made subject to negative resolution.]
Modifications etc. (not altering text)
C1Art. 46 applied (1.4.2007) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 17; S.R. 2006/428, art. 3
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