Search Legislation

The Housing (Northern Ireland) Order 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: HMO grants

 Help about opening options

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Changes to legislation:

There are currently no known outstanding effects for the The Housing (Northern Ireland) Order 2003, Cross Heading: HMO grants. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

HMO grantsN.I.

HMO grants: the interest of the applicant in the propertyN.I.

56.—(1) The Executive shall not entertain an application for an HMO grant unless it is satisfied that the applicant has or proposes to acquire an owner's interest in every parcel of land on which the relevant works are to be carried out.

(2) In accordance with directions given by the Department, the Executive may treat the condition in paragraph (1) as fulfilled by a person who has, or proposes to acquire, an owner's interest in only part of the land concerned.

(3) References in this Chapter to “a qualifying owner's interest”, in relation to an application for an HMO grant, are to an owner's interest meeting the condition in paragraph (1) or treated by virtue of paragraph (2) as meeting that condition.

HMO grants: certificate required to accompany applicationN.I.

57.—(1) The Executive shall not entertain an application for an HMO grant unless it is accompanied by a certificate of future occupation.

(2) A “certificate of future occupation” certifies that the applicant—

(a)has or proposes to acquire a qualifying owner's interest in the house, and

(b)intends that throughout the grant condition period the house or a part of it (specified in the certificate) will be residentially occupied, or available for residential occupation, under tenancies or licences by persons who are not connected with the owner for the time being of the house.

In sub-paragraph (b) “residential occupation” does not include occupation for a holiday and “tenancies” does not include a long tenancy.

HMO grants: purposes for which grant may be givenN.I.

58.—(1) The purposes for which an application for an HMO grant (other than a conversion application) may be approved are—

(a)to comply with a notice under Article 41 of the Order of 1981 (repair notices) or otherwise to render the house fit for human habitation;

[F1(b)to comply with a requirement in a temporary exemption notice, a rectification notice or a hazard notice under the Act of 2016, to carry out works specified in a statement of remedial work under section 53 of that Act, or to make the house suitable for occupation as an HMO in accordance with section 13 of that Act;]

(c)to provide adequate facilities for space heating;

(d)to provide satisfactory internal arrangements;

(e)to provide means of escape in case of fire or other fire precautions, not being precautions required under or by virtue of any statutory provision (whenever made);

(f)to ensure that the house complies with such requirements with respect to construction or physical condition as may be specified by the Department;

(g)to ensure that there is compliance with such requirements with respect to the provision or condition of services and amenities to or within the house as are so specified;

(h)any other purpose for the time being specified for the purposes of this Article by order of the Department.

(2) The purpose for which a conversion application may be approved is to provide a house in multiple occupation by the conversion of a house or other building.

(3) If in the opinion of the Executive the relevant works are more or less extensive than is necessary to achieve any of the purposes set out in paragraph (1) or (2), the Executive may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to or, as the case may be, include such works as seem to it to be necessary for that purpose.

(4) In exercise of the powers conferred by sub-paragraphs (f) and (g) of paragraph (1) the Department may specify requirements generally or for particular cases.

HMO grants: approval of applicationN.I.

59.—(1) The Executive may approve an application for an HMO grant if it thinks fit, subject to the following provisions.

(2) The Executive shall not approve an application for an HMO grant unless it is satisfied that the works are necessary for one or more of the purposes set out in Article 58(1) or (2).

(3) Where the Executive entertains an application for an HMO grant made by a person who proposes to acquire a qualifying owner's interest, it shall not approve the application until it is satisfied that he has done so.

(4) Where the Executive proposes to approve an application for an HMO grant, it shall consider whether the house to which the application relates is fit for human habitation and [F2is suitable for occupation as an HMO in accordance with section 13 of the Act of 2016] .

(5) If it appears to the Executive that the house is not fit for human habitation [F3or is not suitable for such occupation] , the Executive shall not approve the application unless it is satisfied—

(a)that on completion of the relevant works, together with any other works proposed to be carried out, the house will be fit for human habitation and [F4suitable for such occupation] ,

(b)that there are satisfactory financial and other arrangements for carrying out those works, and

(c)that the carrying out of the works is the most satisfactory course of action.

(6) In considering whether to approve an application for an HMO grant the Executive shall have regard to the expected life of the house (taking account, where appropriate, of the effect of carrying out the works).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources