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The Housing (Northern Ireland) Order 2003

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This is the original version (as it was originally made).

Introductory

Interpretation of Chapter II

34.—(1) In this Chapter—

“common parts”, in relation to a building, includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more flats in the building;

“common parts application”, in relation to an application for a disabled facilities grant, means an application in respect of works to the common parts of a building containing one or more flats;

“conversion application”—

(a)

in relation to an application for a renovation grant, means an application in respect of works required for the provision of one or more dwellings by the conversion of a house or other building, and

(b)

in relation to an application for an HMO grant, means an application for a grant in respect of works for the provision of a house in multiple occupation by the conversion of a house or other building;

“flat”, in relation to a building, means a dwelling which is a separate set of premises, whether or not on the same floor, divided horizontally from some other part of the building.

(2) In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions of this Chapter indicated—

certificate of future occupation (in relation to an application for an HMO grant)Article 57(2)
certificate of intended letting (in relation to an application for a renovation grant)Article 41(3)
certified dateArticle 75(3)(b)
common parts grantArticle 35(3)
disabled facilities grantArticle 35(4)
disabled occupantArticle 51
eligible worksArticle 65(2)(a)
estimated expenseArticle 65(2)
exempt disposalArticle 85
grant (without more)Article 35(6)
grant conditionArticle 75(1)
grant condition periodArticle 75(3)(a)
HMO grantArticle 35(5)
landlord’s application (in relation to a common parts grant)Article 46(1) and (2)
occupying tenant (in relation to an application for a common parts grant)Article 45(2)
owner-occupation certificate (in relation to an application for a renovation grant)Article 41(2)
owner’s application
–in relation to a renovation grantArticle 40(1) and (2)
–in relation to a disabled facilities grantArticle 50(1) and (2)
owner’s certificate (in relation to an application for a disabled facilities grant)Article 52(2)
participating landlord (in relation to a tenants' application for a common parts grant)Article 46(4)
preliminary or ancillary services and chargesArticle 36(4)
qualifying owner’s interest
–in relation to an application for a renovation grantArticle 40(4)
–in relation to an application for a disabled facilities grantArticle 50(4)
–in relation to an application for an HMO grantArticle 56(3)
qualifying tenant
–in relation to an application for a renovation grantArticle 40(5)
–in relation to an application for a disabled facilities grantArticle 50(4)
relevant disposalArticle 84
relevant works (in relation to a grant application)Article 36(2)(a)
renovation grantArticle 35(2)
tenant (and expressions relating to tenancies)
–in the context of a tenant’s application for a renovation grantArticle 40(6)
–in the context of a certificate of intended lettingArticle 41(4)
–in the context of an application for a common parts grantArticle 45(2)
–in the context of an application for a disabled facilities grantArticle 50(5)
tenant’s application
–in relation to a renovation grantArticle 40(1) and (2)
–in relation to a disabled facilities grantArticle 50(1) and (2)
tenants' application (in relation to a common parts grant)Article 46(1) and (2)
tenant’s certificate
–for the purposes of an application for a renovation grantArticle 42(2)
–for the purposes of an application for a disabled facilities grantArticle 53(2)
Grants for improvements and repairs, &c.

35.—(1) Grants are available from the Executive in accordance with this Chapter towards the cost of works required for—

(a)the improvement or repair of dwellings, houses in multiple occupation or the common parts of buildings containing one or more flats,

(b)the provision of dwellings or houses in multiple occupation by the conversion of a house or other building, and

(c)the provision of facilities for disabled persons in dwellings and in the common parts of buildings containing one or more flats.

(2) A grant relating to—

(a)the improvement or repair of a dwelling, or

(b)the provision of dwellings by the conversion of a house or other building,

is referred to as a “renovation grant”.

(3) A grant relating to the improvement or repair of the common parts of a building is referred to as a “common parts grant”.

(4) A grant for the provision of facilities for a disabled person—

(a)in a dwelling, or

(b)in the common parts of a building containing one or more flats,

is referred to as a “disabled facilities grant”.

(5) A grant for—

(a)the improvement or repair of a house in multiple occupation, or

(b)the provision of a house in multiple occupation by the conversion of a house or other building,

is referred to as an “HMO grant”.

(6) In the following provisions of this Chapter the expression “grant”, without more, means any of these types of grant.

Applications for grants

36.—(1) No grant shall be paid unless an application for it is made to the Executive in accordance with the provisions of this Chapter and is approved by it.

(2) An application for a grant shall be in writing and shall specify the premises to which it relates and contain—

(a)particulars of the works in respect of which the grant is sought (in this Chapter referred to as the “relevant works”);

(b)subject to paragraph (3), an estimate from a contractor acceptable to the Executive (see Article 69) of the cost of carrying out the relevant works;

(c)particulars of any preliminary or ancillary services and charges in respect of the cost of which the grant is also sought; and

(d)such other particulars as the Department may direct.

(3) The Executive may in any particular case direct that an application shall contain estimates from different contractors acceptable to it.

(4) In this Chapter “preliminary or ancillary services and charges”, in relation to an application for a grant, means services and charges which—

(a)relate to the application and the preparation for and the carrying out of works, and

(b)are specified for the purposes of this paragraph by the Department.

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