Serving Notices
Service of notices is a process of several steps:
Service of notices is a process of several steps:
- Survey of the property
- Matching deficiencies to hazards
- Scoring of the hazards
- Consultation with the stakeholders
- Statement of decision making process
- Drafting the works to alleviate or mitigate the hazard and
- Service of the notices
Decision to serve an improvement notice
An improvement notice under section 11 or 12 of the Act is a possible response to a Category 1 or Category 2 hazard. Under section 11 the action must as a minimum remove the Category 1 hazard but can go beyond this so as to ensure that the hazard does not recur in the next 12 months or is as a minimum reduced to a Category 2 hazard. However in all instances the works required must be reasonable in relation to the hazard. In all instances the works required to mitigate a hazard should ensure that deterioration of the building elements is prevented. It is not satisfactory to keep taking actions because of a patch and mend policy.
The improvement notice must contain the information required in section 13 of the Act
An improvement notice must be revoked when the notice has been complied with although it could be varied where there were several hazards in order to revoke certain hazards that have been complied with. A notice can also be varied by agreement.
Authorities should also be mindful of the the availability of other sources of finance including offering assistance themselves say in the issue of a Disabled Facilities Grant. However the Authority could if they think fit suspend the notice or serve a hazard awareness notice.
Appeals against notices are to a residential property tribunal and can be made by any person served with a notice on the grounds that
Decision to make a Prohibition Order
A prohibition order under section 20 or 21 of the Act is a possible response to a category 1 or category 2 hazard. It may prohibit the use of part or all of the premises for some or all purposes, or occupation by particular numbers or descriptions of people. The order must contain the following information:
The order must be revoked if the hazard no longer exists or the authority considers that there are special circumstances. The authority can also vary the order in response to an application from any person on whom it was served or they may do so on their own volition.
An appeal against the order must be made within 28 days of it being made and must be made on any person who has rightfully received it. There is also an appeal against the refusal to permit an alternative use again within 28 days.
The requirement to consult is also important to ensure that vulnerable persons are not excluded unnecessarily from the use of the property. In particular the authority should be aware of the availability of suitable local accommodation for re housing those displaced. It is the Authority who must consider the housing for displaced persons in particular where they have a duty to provide accommodation. The owners have no legal responsibility to re-house their tenants as a result of the Authorities action. In certain circumstances there may be some redress for tenants. The authority must also consider what other assistance could be made available financially or other.
Decision to serve a hazard awareness notice
A hazard awareness notice under section 29 of the Act may be a reasonable response to a less serious hazard. It is a method of making landlords and owners aware of the existence of a minor hazard and that some action might be necessary. A hazard awareness notice could be served in response to a category 1 hazard so long as no management order is in place under Part 4. It is likely that this power would only be used where it was impracticable to carry out improvements or that prohibition serves no purpose or itself is a danger.
The notice must specify:
More often the authority might choose to serve this notice where they wish to have a record of the hazards and the owners have agreed to undertake the necessary remedial action. This would not prevent the authority serving an improvement notice or making a prohibition order for the same hazard and does not prevent any suspension of the notices.
Demolition Order
Demolition orders remain available under part 9 of the Housing Act 1985 as amended. They are a possible response to a Category 1 hazard unless the building is a listed building.
Before making the the order the Authority must:
Clearance areas
The provisions of Part 9 of the 1985 Act are retained in respect of clearance areas. An authority can declare a clearance area if it is satisfied that each of the residential buildings in the area contains one or more category 1 hazards (or that there is a danger to safety and health of the inhabitants as a result of their bad arrangements or the narrowness of the streets. In a building containing flats at least two of the flats must contain category 1 hazards.
The authority need to consider carefully the implications for the general neighbourhood and must have regard to
Power to make charges for enforcement action
The Act provides for Authorities to make reasonable charges for the service of notices etc. The charges relate to the inspection of the property and the making of the decision to serve notice. It does not relate to any remedial work as these are covered under Section 321 and schedule 3. The government are permitted to set a cap on the charges if they think that it is necessary. To date this has not been done. The authority has powers to recover costs that are not paid.
An improvement notice under section 11 or 12 of the Act is a possible response to a Category 1 or Category 2 hazard. Under section 11 the action must as a minimum remove the Category 1 hazard but can go beyond this so as to ensure that the hazard does not recur in the next 12 months or is as a minimum reduced to a Category 2 hazard. However in all instances the works required must be reasonable in relation to the hazard. In all instances the works required to mitigate a hazard should ensure that deterioration of the building elements is prevented. It is not satisfactory to keep taking actions because of a patch and mend policy.
The improvement notice must contain the information required in section 13 of the Act
- Whether the notice is served under section 11 or 12
- The nature of the hazard and the premises on which it exists
- The deficiency giving rise to the hazard
- The premises in relation to which remedial action is to be taken and the nature of the remedial action.
- The date when the action is to start
- The periods in which the action is to be completed
- Information relating to appeals
An improvement notice must be revoked when the notice has been complied with although it could be varied where there were several hazards in order to revoke certain hazards that have been complied with. A notice can also be varied by agreement.
Authorities should also be mindful of the the availability of other sources of finance including offering assistance themselves say in the issue of a Disabled Facilities Grant. However the Authority could if they think fit suspend the notice or serve a hazard awareness notice.
Appeals against notices are to a residential property tribunal and can be made by any person served with a notice on the grounds that
- Someone else ought to take the action or pay the costs
- An improvement notice was not the most appropriate notice
Decision to make a Prohibition Order
A prohibition order under section 20 or 21 of the Act is a possible response to a category 1 or category 2 hazard. It may prohibit the use of part or all of the premises for some or all purposes, or occupation by particular numbers or descriptions of people. The order must contain the following information:
- Whether the order is made under section 20 or 21
- The nature of the hazard and the residential property on which it exists
- The deficiency giving rise to the hazard
- The premises in relation to which prohibitions are imposed
- Any remedial action that would result in the order being revoked
The order must be revoked if the hazard no longer exists or the authority considers that there are special circumstances. The authority can also vary the order in response to an application from any person on whom it was served or they may do so on their own volition.
An appeal against the order must be made within 28 days of it being made and must be made on any person who has rightfully received it. There is also an appeal against the refusal to permit an alternative use again within 28 days.
The requirement to consult is also important to ensure that vulnerable persons are not excluded unnecessarily from the use of the property. In particular the authority should be aware of the availability of suitable local accommodation for re housing those displaced. It is the Authority who must consider the housing for displaced persons in particular where they have a duty to provide accommodation. The owners have no legal responsibility to re-house their tenants as a result of the Authorities action. In certain circumstances there may be some redress for tenants. The authority must also consider what other assistance could be made available financially or other.
Decision to serve a hazard awareness notice
A hazard awareness notice under section 29 of the Act may be a reasonable response to a less serious hazard. It is a method of making landlords and owners aware of the existence of a minor hazard and that some action might be necessary. A hazard awareness notice could be served in response to a category 1 hazard so long as no management order is in place under Part 4. It is likely that this power would only be used where it was impracticable to carry out improvements or that prohibition serves no purpose or itself is a danger.
The notice must specify:
- The nature of the hazard and the residential property on which it exits.
- The deficiency giving rise to the hazard.
- The premises on which the deficiency exits.
- The authority's reasons for deciding to serve the notice including their reasons for deciding that serving the notice is the most appropriate course of action.
- The details of any remedial action which the authority considers would be practicable and appropriate to take.
More often the authority might choose to serve this notice where they wish to have a record of the hazards and the owners have agreed to undertake the necessary remedial action. This would not prevent the authority serving an improvement notice or making a prohibition order for the same hazard and does not prevent any suspension of the notices.
Demolition Order
Demolition orders remain available under part 9 of the Housing Act 1985 as amended. They are a possible response to a Category 1 hazard unless the building is a listed building.
Before making the the order the Authority must:
- Take account of the availability of the local accommodation for re housing the occupants
- Take into account the demand for, and sustainability of, the accommodation if the hazard was remedied
- Consider the prospective use of the land once cleared
- Consider the local environment, the suitability of the area for continued residential occupation and the impact of a cleared site on the appearance and character of the neighbourhood.
Clearance areas
The provisions of Part 9 of the 1985 Act are retained in respect of clearance areas. An authority can declare a clearance area if it is satisfied that each of the residential buildings in the area contains one or more category 1 hazards (or that there is a danger to safety and health of the inhabitants as a result of their bad arrangements or the narrowness of the streets. In a building containing flats at least two of the flats must contain category 1 hazards.
The authority need to consider carefully the implications for the general neighbourhood and must have regard to
- The likely long term demand for residential accommodation.
- The degree of concentration of dwellings containing serious intractable hazards within the area.
- The density of the buildings and street pattern around which they are arranged.
- The overall availability of housing accommodation in the wider neighbourhood in relation to housing needs and demands.
- The proportion of dwellings free from hazards and other non residential, premise in sound condition which would also need to be cleared to arrive at a suitable site.
- Whether it would be necessary to acquire land surrounding or adjoining the proposed site and whether added land can be acquired by agreement with owners.
- The existence of any listed building or notice pending listing.
- The results of statutory consultations
- The arrangements necessary for re housing the displaced occupants and the extent to which occupants are satisfied with those arrangements.
- The impact of clearance on and the scope for relocating commercial premises.
- The suitability of the site for uses after demolition in relation to its size and the needs of the wider neighbourhood and whether or not it would be economically viable.
Power to make charges for enforcement action
The Act provides for Authorities to make reasonable charges for the service of notices etc. The charges relate to the inspection of the property and the making of the decision to serve notice. It does not relate to any remedial work as these are covered under Section 321 and schedule 3. The government are permitted to set a cap on the charges if they think that it is necessary. To date this has not been done. The authority has powers to recover costs that are not paid.