Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025
|
Application for an adjacent remediation option | ||
|
15. The Principal Act is amended by the insertion of the following section after section 22: | ||
“22A. (1) Where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, the relevant owner may apply to the designated local authority for approval to construct a new dwelling in the curtilage of the relevant dwelling (in this section referred to as an ‘adjacent remediation option’) to replace the approved remediation option. | ||
(2) A relevant owner may only make an application under subsection (1) where— | ||
(a) the relevant dwelling was adapted for the accommodation of a person who has a disability, and | ||
(b) the works necessary to carry out the approved remediation option have not commenced. | ||
(3) An application under subsection (1) shall— | ||
(a) be made in such form and manner as may be prescribed, and | ||
(b) be accompanied by— | ||
(i) such evidence as may be prescribed of the matters referred to in paragraphs (a) and (b) of subsection (2), and | ||
(ii) such other documents or information as may be prescribed for the purposes of the application. | ||
(4) The designated local authority may require the relevant owner— | ||
(a) to provide, in writing, within 90 days of the date of the requirement, such further information or documents relating to the application as the designated local authority may consider necessary, and | ||
(b) to facilitate, within 90 days of the date of the requirement, an inspection of the dwelling by an authorised officer of the designated local authority. | ||
(5) Where an applicant does not comply with a requirement under subsection (4), the application under subsection (1) shall be considered to have been withdrawn. | ||
(6) The designated local authority shall consider the application under subsection (1) and shall— | ||
(a) approve an adjacent remediation option where it is satisfied that— | ||
(i) the relevant dwelling was adapted for the accommodation of a person who has a disability, and | ||
(ii) the eligibility requirements, prescribed under subsection (11)(a), have been met, | ||
or | ||
(b) where it is not satisfied that the requirements pursuant to paragraph (a) have been met, refuse to approve the adjacent remediation option. | ||
(7) Where an adjacent remediation option is approved under subsection (6)(a), the remediation option grant calculated in accordance with section 10 and approved under section 16(4)(a)(ii) may be paid to the relevant owner under section 18 for the purpose of completing the adjacent remediation option. | ||
(8) The designated local authority shall, as soon as practicable, notify the relevant owner of the decision under subsection (6), and the reasons for the decision, and the notification shall— | ||
(a) where it relates to a decision under subsection (6)(a), state that the relevant owner shall— | ||
(i) obtain permission prior to commencing works to satisfy the adjacent remediation option, | ||
(ii) comply with section 17, subject to the modifications referred to in subsection (10), and | ||
(iii) provide a certificate of demolition in respect of the relevant dwelling to the designated local authority within 12 months of the date of the final payment of the remediation option grant under section 18, | ||
and | ||
(b) state that the relevant owner may appeal the decision in accordance with Part 5 within 90 days of the date of the notification. | ||
(9) Subject to the modifications referred to in subsection (10) and any other necessary modifications, an adjacent remediation option shall for the purposes of this Act, be deemed to be an approved remediation option under section 16(4)(a)(i) and this Act shall apply accordingly. | ||
(10) The modifications are: | ||
(a) in section 17: | ||
(i) the reference in subsection (1) to ‘a notification under section 16(9) which relates to a decision under section 16(4)(a)’ shall be construed as a reference to ‘a notification under section 22A(8) which relates to a decision under section 22A(6)(a)’; | ||
(ii) subsection (5) shall be construed as if the following subsection were substituted for that subsection: | ||
‘(5) Where an adjacent remediation option is approved under section 22A(6)(a) and the remedial works plan provided under subsection (1) indicates that the internal floor area of the new dwelling which the relevant owner proposes to construct is a reduction of the internal floor area of the relevant dwelling, the designated local authority shall reduce the amount of the remediation option grant approved by the Housing Agency under section 16(4) proportionately.’; | ||
(iii) subsection (8) shall be construed as if the following paragraphs were substituted for paragraphs (b) and (c): | ||
‘(b) satisfy the designated local authority that he or she has obtained permission for the adjacent remediation option and the demolition of the relevant dwelling and any additional works, if required, | ||
(c) complete the adjacent remediation option, and’; | ||
(b) in section 18: | ||
(i) the reference in subsection (5)(b) to ‘where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling’ shall be construed as a reference to ‘where an adjacent remediation option has been approved under section 22A(6)(a)’; | ||
(ii) the reference in subsection (6)(b) to ‘where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling’ shall be construed as a reference to ‘where an adjacent remediation option has been approved under section 22A(6)(a)’; | ||
(c) in section 19(1)(a): | ||
(i) the reference in subparagraph (i) to ‘the notification under section 16(9)’ shall be construed as a reference to ‘the notification under section 22A(8)’; | ||
(ii) the reference in subparagraph (ii) to ‘a decision under section 16(4)’ shall be construed as a reference to ‘a decision under section 22A(6)’; | ||
(d) in section 20: | ||
(i) the reference in subsection (1)(b) to ‘any additional works are completed’ shall be construed as a reference to ‘any additional works, other than the demolition of the relevant dwelling, are completed’; | ||
(ii) the reference in subsection (2)(a)(ii) to ‘where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling’ shall be construed as a reference to ‘where the approved remediation option is the construction of a new dwelling, approved under section 22A(6)(a)’; | ||
(e) section 21(2) shall be construed as if the following paragraph were substituted for paragraph (a): | ||
‘(a) the approved remediation option, or any additional works completed by the relevant owner, did not result in the construction of a new dwelling, and’. | ||
(11) The Minister may prescribe— | ||
(a) the eligibility requirements for an adjacent remediation option, including— | ||
(i) the class of person who qualifies under subsection (2)(a), | ||
(ii) the residence of that person in the relevant dwelling and in the new dwelling to be constructed, and | ||
(iii) the nature of the adaptations to the relevant dwelling, | ||
(b) the form and manner in which a requirement may be made under subsection (4), | ||
(c) the standards by reference to which inspections by authorised officers for the purposes of this section are to be carried out, | ||
(d) matters to which a designated local authority is to have regard in making a decision under subsection (6), | ||
(e) the form and manner in which a notification may be given under subsection (8), | ||
(f) the content of a demolition certificate, | ||
(g) the inspection of the demolition of the relevant dwelling by a competent building professional, and | ||
(h) the form and manner in which a demolition certificate shall be provided to the designated local authority. | ||
(12) In this section— | ||
‘curtilage’ means the area immediately surrounding or adjacent to the relevant dwelling and used in conjunction with the dwelling; | ||
‘disability’ has the same meaning as it has in the Disability Act 2005 ; | ||
‘permission’ has the meaning given to it by section 28.”. |