Section 528 — Housing Act 1985: Designation of defective dwellings by Secretary of State.

Designation of defective dwellings by Secretary of State. 528 1 The Secretary of State may designate as a class buildings each of which consists of or includes one or more dwellings if it appears to him that—

a buildings in the proposed class are defective by reason of their design or construction, and b by virtue of the circumstances mentioned in paragraph (a) having become generally known, the value of some or all of the dwellings concerned has been substantially reduced.

2 A dwelling which is, or is included in, a building in a class so designated is referred to in this Part as a “defective dwelling”;

and in this Part, in relation to such a dwelling—

a “ the qualifying defect ” means what, in the opinion of the Secretary of State, is wrong with the buildings in that class, and b “ the cut-off date ” means the date by which, in the opinion of the Secretary of State, the circumstances mentioned in subsection (1)(a) became generally known.

3 A designation shall describe the qualifying defect and specify—

a the cut-off date, b the date (being a date falling on or after the cut-off date) on which the designation is to come into operation, and c the period within which persons may seek assistance under this Part in respect of the defective dwellings concerned.

4 A designation may make different provision in relation to England and Wales; subject to that, a designated class shall not be described by reference to the area in which the buildings concerned are situated.

5 Notice of a designation shall be published in the London Gazette.

6 Any question arising as to whether a building is or was at any time in a class designated under this section shall be determined by the Secretary of State.