Local Government and Housing Act 1989

107 Certain dwellings and works excluded from grant aid

(1) In each of the cases in subsection (2) below, the local housing authority may not approve an application for a grant unless—

(a) it is an application which they are required to approve by virtue of section 112 below and completion of the relevant works is necessary to comply with a notice under section 189 of the [1985 c. 68.] Housing Act 1985 (repair notice requiring works to render premises fit for human habitation); or

(b) it is an application which they are required to approve by virtue of section 113 below.

(2) The cases referred to in subsection (1) above are as follows—

(a) if, in the case of an application in respect of a dwelling or house which is not fit for human habitation, the local housing authority consider that the carrying out of the relevant works will not be sufficient to cause the dwelling or house to be fit for human habitation;

(b) if or to the extent that the relevant works have been completed before the date of service of the notice of refusal under section 116(1) below;

(c) if, within the period of three months beginning on the date of service of the notice of refusal, the authority intend to make a closing or demolition order relating to the dwelling, house or building under section 264 or section 265 of the Housing Act 1985;

(d) if, within the period of twelve months beginning on the date of service of the notice of refusal, the authority intend to declare a clearance area under section 289 of the Housing Act 1985 for an area which includes the dwelling, house or building;

(e) if the dwelling, house or building is or forms part of a building of a class designated under section 528 or section 559 of the Housing Act 1985 (defective dwellings), the applicant is eligible for assistance under Part XVI of that Act in respect of a defective dwelling which is or forms part of the dwelling, house or building concerned and the relevant works are, within the meaning of that Part, work required to re-instate that defective dwelling; and

(f) if, in the case of an application for a common parts grant, the local housing authority consider that the carrying out of the relevant works will not be sufficient to cause the building to meet the requirements mentioned in paragraphs (a) to (e) of section 604(2) of the Housing Act 1985.

(3) Where a group repair scheme has been approved by the Secretary of State, a local housing authority may not approve an application for a grant in so far as it relates to works which will be carried out in pursuance of agreements entered into, or to be entered into, in pursuance of the scheme.

(4) A local housing authority may not approve an application for a grant so far as it relates to works which are of a description excluded from grant aid by directions made by the Secretary of State.

(5) Unless it is an application which they are required to approve by virtue of section 113 below, a local housing authority may not approve an application for an HMO grant so far as it relates to works—

(a) which relate to means of escape from fire or other fire precautions; and

(b) which are required to be carried out under or by virtue of any enactment (whenever passed).

(6) If directions made by the Secretary of State under subsection (4) above specify a description of works for which grant aid is not to be available without his consent, a local housing authority may not approve an application for a grant, so far as it relates to works of that description, unless the Secretary of State has given his consent with respect to those works.

(7) Directions under subsection (4) above may be made with respect to local housing authorities generally or to a particular local housing authority.

(8) The Secretary of State may give his consent for the purposes of subsection (6) above—

(a) with respect to local housing authorities generally or to a particular local housing authority; or

(b) with respect to applications generally or to a particular description of applications.