Local Government and Housing Act 1989

Group repair schemes E+W

127 Group repair schemes and persons eligible to participate. E+W

(1) In accordance with a scheme under this section prepared by a local housingauthority and approved by the Secretary of State, the authority may, with theconsent of the persons participating in the scheme, enter into agreements tosecure the carrying out of such external works to qualifying buildings towhich the scheme relates as will ensure that, on completion of the works, theexterior of those buildings will be in reasonable repair; and in this Partsuch a scheme is referred to as a “group repair scheme".

(2) The approval of the Secretary of State under subsection (1) above may begiven either to a specific scheme or generally to schemes which fulfil suchcriteria as he may from time to time specify; and any such approval may bemade conditional upon compliance with requirements specified by him.

(3) Every person who, at the date of the approval of the scheme, has anowner’s interest in a dwelling or other premises comprised in a building towhich a group repair scheme relates and who fulfils the conditions insubsection (5) below is eligible to participate in the scheme as an assistedparticipant unless that person is—

(a) the council of a county, [F1 county borough]district or London borough, the Common Councilof the City of London or the Council of the Isles of Scilly;

(b) a development corporation or the Commission for the New Towns;

(c) the Development Board for Rural Wales;

(d) a housing action trust; or

[F2 (e) a registered social landlord.]

(4) Any of the bodies specified in paragraphs (a) to (e) of subsection (3)above which has an owner’s interest in a dwelling or other premises comprisedin a building to which a group repair scheme relates is eligible toparticipate in the scheme as an unassisted participant.

(5) The conditions referred to in subsection (3) above are—

(a) that, as respects the dwelling or other premises in which he has anowner’s interest, the person concerned either is able to give possession ofany part of the building to which external works are proposed to be carriedout or has the consent of the occupier of that part to the carrying out ofthose works; and

(b) that, if the owner’s interest which he has is an interest in a dwellingand this paragraph is not excluded by subsection (6) below, he gives acertificate of future occupation which falls within subsection (2) orsubsection (4) of section 106 above; and

(c) that, if the owner’s interest which the person concerned has is aninterest in a house in multiple occupation and that person is not a charityor the trustee of a charity, he gives a certificate under section 106(7)above.

(6) Paragraph (b) of subsection (5) above does not apply if—

(a) the person concerned is a charity or the trustee of a charity; or

(b) the dwelling is the residence house of an ecclesiastical benefice.

(7) If the Secretary of State so directs in the case of any scheme or anydescription of scheme, such of the provisions of this section and sections 128to 130 below as are specified in the direction shall not apply in relation tothat scheme or, as the case may be, in relation to a scheme of thatdescription.

(8) Section 99 above applies to the power to give directions under subsection(7) above as it applies to a power to give directions under Part VII of thisAct.

Textual Amendments

F1 Words in s. 127(3)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 10(2) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3 Sch. 1

F2 S. 127(3)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 19(4)

128 Qualifying buildings and external works, etc. E+W

(1) A building is not a qualifying building in relation to a group repairscheme unless, at the time the scheme is prepared, the whole or some part ofthe exterior of the building is not in reasonable repair and that lack ofreasonable repair affects at least 75 per cent. of the houses contained in thebuilding.

(2) Every group repair scheme shall relate to at least one qualifying building(in this section referred to as “the primary building”) which was constructed so as tocomprise not less than four separate houses and may also relate to one or moreother qualifying buildings if the following conditions are fulfilled withrespect to each of them—

(a) the building was constructed so as to comprise at least one house and iscontiguous or adjacent to the primary building; and

(b) the exterior of the building is not in reasonable repair and is in needof works similar to those required to the exterior of the primary building;and

(c) carrying out the works to the building and the primary building at thesame time is the most effective way of securing the repair of each of them.

(3) The question whether a building was constructed so as to comprise not lessthan four houses or at least one house shall be determined according to theconfiguration of the building at the date of its construction.

(4) For the purposes of this section—

(a) a terrace of houses shall be regarded as one building except that, if itappears appropriate to a local housing authority to do so, having regard inparticular to the requirements of subsection (1) above, they may treat partonly of the terrace as a building; and

(b) if, apart from this paragraph, one building would be regarded ascontaining two or more purpose-built flats and one or more houses, the partof the building containing the purpose-built flats and the part or parts ofthe building containing the houses shall be regarded as separate buildings.

(5) In relation to a group repair scheme, “external works” are works to any part of the exterior of abuilding to which the scheme relates and, so far only as may be necessary togive satisfactory effect to such works, additional works to other parts of thebuilding.

(6) For the purposes of this Part, the exterior of a building means—

(a) any part thereof which is exposed to the elements of wind and rain orotherwise faces into the open air (including, in particular, roofs, chimneys,walls, doors, windows, rainwater goods and external pipework); and

(b) the curtilage of the building, including any wall within the curtilagewhich is constructed as a retaining wall or otherwise to protect the structureof the building;

and, in relation to works to any part of the curtilage referred to inparagraph (b) above, the reference in subsection (5) above to additional worksto other parts of the building includes a reference to additional works onland outside the curtilage.

(7) In this section—

(a) “house” means a dwelling which is not a flat (and,accordingly, does not include a house constructed as a house in multipleoccupation); and

(b) a “purpose-built flat” means a part of a building which, at thedate of the construction of the building, was constructed as a flat.

(8) For the purposes of this Part, unless the exterior of a building issubstantially free from rising or penetrating damp, it shall not be regardedas in reasonable repair.

129 Contributions by participants and limitations on works. E+W

(1) Those persons who are eligible to participate in a group repair scheme andwho participate in the scheme by signifying consent (in this section referredto as “scheme consent”), in accordance with the terms of thescheme, to the proposals to carry out the external works specified in thescheme shall be liable, subject to subsection (2) below, to contribute to thecost, as notified to them under the scheme, of such of those works as relateto the house or other premises in which they have an interest at a ratedetermined in accordance with this section.

(2) For the purposes of subsection (1) above, “house” includes premises which were originally constructedas a house but which, by the time the group repair scheme is prepared, havebeen divided so as to form one or more flats, with or without other premises;and, in the case of a house which has been so divided, the cost of such of theexternal works as relate to the house shall be apportioned between the severalparts into which the house has been divided in such way as may be agreedbetween the persons with owner’s interests in those parts or, in default ofagreement, equally.

(3) In the case of a person who participates in a scheme as an unassistedparticipant, the rate of contribution shall be 100 per cent.

(4) In the case of a person who participates in a scheme as an assistedparticipant but whose owner’s interest in the part of the qualifying buildingin question is an interest in premises other than a house or flat, the rateof contribution, subject to subsection (5) below, shall be—

(a) 25 per cent. in a case where the qualifying building is in a renewal area;and

(b) 50 per cent. in any other case;

and in this subsection “house” includes a house in multiple occupation.

(5) The Secretary of State may by order amend paragraph (a) or paragraph (b)of subsection (4) above so as to specify a percentage different from thatwhich applied before the coming into force of the order.

(6) In the case of any other person who participates in a scheme as anassisted participant, the rate of contribution shall be such percentage as maybe determined by the local housing authority, being a percentage between niland that which would be appropriate if subsection (4) above applied; and, inmaking their determination under this subsection in the case of any person,the authority shall have regard—

(a) to the way in which section 109 or section 110 above would apply in hiscase if he were an applicant for a renovation grant or, as the case mayrequire, an HMO grant; and

(b) to any guidance given by the Secretary of State for the purposes of thissection;

and section 99 above applies to the power to give guidance as mentionedin paragraph (b) above as it applies to any power to give guidance under PartVII of this Act.

(7) Except as provided by subsection (8) below, no external works shall becarried out to a part of a building which consists of a house, flat or otherpremises in respect of which no person eligible to participate has signifiedscheme consent.

(8) Subsection (7) above does not apply—

(a) to works carried out to a part of a building in respect of which there isno person (or no ascertainable person) eligible to participate in the scheme;or

(b) to works which—

(i) are carried out to a part of a building in respect of which the personeligible to participate consents to their being carried out but has notsignified scheme consent (and, accordingly, is not liable to contribute); and

(ii) it is necessary to carry out in order satisfactorily to carry out anyexternal works specified in the scheme to another part of the building inrespect of which a person eligible to participate has signified schemeconsent.

130 Payment of balance of costs in case of certain disposals. E+W

(1) When the external works specified in a group repair scheme are completed,the local housing authority shall, for the purposes of this section, send toeach assisted participant a certificate specifying the date on which the workswere completed to their satisfaction; and in subsection (2) below that dateis referred to as “the completion date”.

(2) It shall be a condition of participation in a group repair scheme as anassisted participant that if, before the expiry of the period of three yearsbeginning with the completion date, the assisted participant makes a relevantdisposal (other than an exempt disposal) of the dwelling or other premises inwhich he had an owner’s interest at the date of the approval of the scheme,then, subject to subsection (6) below, he shall pay to the local housingauthority on demand the outstanding balance determined in accordance withsubsections (3) and (4) below or such lesser amount, being not less thanone-third of that outstanding balance, as the authority may specify in thedemand.

(3) Subject to subsection (4) below, in the case of any assisted participant,the outstanding balance referred to in subsection (2) above is the differencebetween—

(a) the cost, as notified to him under the scheme, of such of the externalworks specified in the scheme as relate to the house or other premises inwhich his owner’s interest subsisted; and

(b) the amount of the contribution in respect of that cost paid by him byvirtue of section 129 above.

(4) If, in the case of any assisted participant, the cost of the externalworks relating to the house in which he had an owner’s interest falls to beapportioned as mentioned in subsection (2) of section 129 above, the referencein subsection (3) above to the cost of the works relating to the house shallbe construed as a reference to that part of the cost which is apportioned tothe part of the house in which his owner’s interest subsisted.

(5) Section 124 above applies for the purposes of this section as it appliesfor the purposes of sections 120 to 123 above, except that for any referencein that section to the dwelling there shall be substituted a reference to thehouse (or part of a house) or other premises in which the assisted participanthad an owner’s interest.

(6) The duty of an assisted participant under subsection (2) above shall ceaseto apply if he makes such a disposal as is mentioned in that subsection eitherfor no consideration or for consideration of an amount less than that eitherprescribed, or calculated in accordance with a formula prescribed, byregulations made by the Secretary of State.

(7) In subsections (3) to (5) above “house” shall be construed in accordance with section 129(2)above.