prohibition order
📖 What is prohibition order? Meaning and definition
A prohibition order is a formal notice served by a local authority, such as Nottingham City Council or Royal Borough of Greenwich, under sections 20 and 21 of the Housing Act 2004. Its purpose is to prevent the use of a dwelling, or specific areas within it, if there are serious hazards that pose a risk to occupants. The order will specify the exact parts of the property that are prohibited from use and may also detail conditions, such as restricting use by certain age groups, until necessary works are completed.
These orders are typically issued when a Category 1 Hazard is identified, for example, a risk of falling on stairs due to narrow treads. The order will outline the specific works required to remedy the hazard. Until these works are carried out and the hazard is resolved, the restrictions imposed by the prohibition order remain in effect.
Property owners or their agents have the right to appeal a prohibition order to the First-tier Tribunal (Property Chamber). The Tribunal conducts a re-hearing of the case and has the power to confirm, quash (cancel), or vary (change) the order. In some instances, the Tribunal may suspend the order for a period, allowing time for the required works to be completed before the prohibition fully takes effect.
If an appeal is dismissed, the prohibition order is upheld, meaning the restrictions on the property's use remain in force. Conversely, if an order is revoked, it means the restrictions are lifted. The process ensures that properties are safe for habitation, protecting residents from significant risks.
📋 Requirements
- Served by a local council (e.g., Nottingham City Council, Royal Borough of Greenwich)
- Issued under sections 20 and 21 of the Housing Act 2004
- Identifies a Category 1 Hazard (e.g., falling on stairs)
- Specifies the parts of the property prohibited from use
- Details the works required to remedy the hazard
📝 Procedure
- Local council serves a Prohibition Order on the property owner/agent
- Order specifies prohibited use and required works
- Property owner/agent may appeal the order to the First-tier Tribunal (Property Chamber)
- Tribunal conducts a re-hearing and may confirm, quash, or vary the order
- Order may be suspended for a period to allow works to be completed
💡 Examples
- A council serves a prohibition order on a landlord, stating that the first and second floors of a property cannot be used for sleeping or living by persons under 5 or over 60 until hazardous staircases are repaired.
- A property owner appeals a prohibition order that prevents the use of their entire property for living accommodation due to severe structural issues.
- The First-tier Tribunal confirms a prohibition order on a hazardous property but suspends its effect for ten weeks to give the owner time to complete the necessary safety improvements.
- A prohibition order is revoked after the property owner successfully completes all the specified works to address the Category 1 Hazard relating to falling on stairs.
📚 Legal basis
- Housing Act 2004
❓ Frequently asked questions
What is the purpose of a prohibition order?
The purpose of a prohibition order is to prevent the use of a property, or parts of it, when there are serious hazards that could endanger occupants, ensuring the property is safe for habitation.
Who issues a prohibition order?
Prohibition orders are issued by local councils, such as Nottingham City Council or Royal Borough of Greenwich, under specific sections of the Housing Act 2004.
Can I appeal a prohibition order?
Yes, if you are served with a prohibition order, you can appeal it to the First-tier Tribunal (Property Chamber). The Tribunal will conduct a re-hearing and can confirm, quash, or vary the order.
What happens if a prohibition order is suspended?
If a prohibition order is suspended, it means the order is confirmed but its effect is delayed for a specified period, typically to allow the property owner time to complete the necessary works to remove the hazard.
What does 'Category 1 Hazard' mean in relation to these orders?
A Category 1 Hazard refers to a serious risk to health or safety within a property, such as a high risk of falling on stairs due to narrow treads, which can lead to a prohibition order being issued.
What if I don't comply with a prohibition order?
The excerpts do not detail the consequences of non-compliance, but generally, failing to comply with a legal order can lead to further enforcement action by the local authority. It is advisable to seek legal advice from a qualified solicitor if you are unsure about your obligations.