PART IX

SLUM CLEARANCE

Demolition or closing of unfit premises beyond repair at reasonable cost

Demolition orders
265
1
If—
a
the local housing authority are satisfied that a category 1 hazard exists in a dwelling or
HMO
which is not a flat, and
b
this subsection is not disapplied by subsection (5),
making a demolition order in respect of the dwelling or
HMO
is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004 (category 1 hazards: general duty to take enforcement action).
2
If, in the case of any building containing one or more flats—
a
the local housing authority are satisfied that a category 1 hazard exists in one or more of the flats contained in the building or in any common parts of the building, and
b
this subsection is not disapplied by subsection (5),
making a demolition order in respect of the building is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004.
3
The local housing authority may make a demolition order in respect of a dwelling or
HMO
which is not a flat if—
a
they are satisfied that a category 2 hazard exists in the dwelling or
HMO
,
b
this subsection is not disapplied by subsection (5), and
c
the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.
4
The local housing authority may make a demolition order in respect of any building containing one or more flats if—
a
they are satisfied that a category 2 hazard exists in one or more of the flats contained in the building or in any common parts of the building,
b
this subsection is not disapplied by subsection (5), and
c
the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.
5
None of subsections (1) to (4) applies if a management order under Chapter 1 or 2 of Part 4 is in force in relation to the premises concerned.
6
This section also has effect subject to section 304(1) (no demolition order to be made in respect of listed building).
7
In this section “
HMO
” means house in multiple occupation.
8
An order made under subsection (3) or (4)—
a
may make different provision for different cases or descriptions of case (including different provision for different areas);
b
may contain such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate; and
c
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
9
Sections 584A and 584B provide for the payment of compensation where demolition orders are made under this section, and for the repayment of such compensation in certain circumstances.
S. 265 substituted (18.11.2004 for certain purposes and 6.4.2006 in so far as not already in force for E. and 16.6.2006 in so far as not already in force for W.) by Housing Act 2004 (c. 34), ss. 46, 270(2)(b)(4)(5); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
Pt. IX (ss. 264–323) extended by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(2), Sch. 4 para. 11
Pt. IX (ss. 264–323): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)
Pt. IX (ss. 264–323) extended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(1), 193(1), Sch. 25 para. 1(2)(xxxii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58