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Damage threshold for attached dwellings
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7. The Principal Act is amended by the insertion of the following section after section 15:
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“15A. (1) Where a determination is made under section 15(1)(b) that a relevant dwelling does not meet the damage threshold, the relevant owner may make a notification under subsection (2) where—
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(a) the relevant dwelling is—
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(i) terraced or semi-detached, and
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(ii) connected to another relevant dwelling,
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(in this section the first-mentioned relevant dwelling is referred to as an ‘attached dwelling’), and
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(b) the Housing Agency has approved a remediation option and remediation option grant under section 16(4)(a) in relation to the relevant dwelling referred to in paragraph (a)(ii).
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(2) The relevant owner referred to in subsection (1) may notify the designated local authority that he or she is seeking a determination under section 15(1)(a) that the attached dwelling meets the damage threshold.
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(3) A notification under subsection (2) shall—
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(a) be made in such form and manner as may be prescribed, and
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(b) be accompanied by—
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(i) such evidence as may be prescribed of the matters referred to in paragraphs (a) and (b) of subsection (1), and
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(ii) such other documents or information as may be prescribed for the purposes of the notification.
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(4) The designated local authority shall, having regard to any matters prescribed under subsection (8), consider the notification under subsection (2) and decide—
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(a) where it is satisfied that the notification is made in accordance with subsection (3), that the Housing Agency shall be deemed to have made a determination under section 15(1)(a) that the attached dwelling meets the damage threshold, or
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(b) where it is not satisfied that the notification is made in accordance with subsection (3), that the determination of the Housing Agency under section 15(1)(b) in relation to the attached dwelling remains valid.
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(5) The designated local authority shall, as soon as practicable, notify the relevant owner of the attached dwelling and the Housing Agency of its decision under subsection (4).
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(6) Where a decision is made under subsection (4)(b), a notification under subsection (5) shall state that the relevant owner of the attached dwelling may appeal the decision in accordance with Part 5 within 90 days of the date of the notification.
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(7) Where a decision is made under subsection (4)(a), the Housing Agency shall, notwithstanding the criteria prescribed under section 16(10)(c), in so far as is possible, prioritise the assessment and consideration of the application under section 16.
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(8) The Minister may prescribe the matters to which a designated local authority is to have regard in considering the notification under subsection (2).
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(9) In this section, ‘damage threshold’ has the meaning given to it by section 15.”.
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