Section 559 — Housing Act 1985: Designation of defective dwellings under local schemes.

Designation of defective dwellings under local schemes. 559 1 A local housing authority may by resolution designate as a class buildings in their district each of which consists of or includes one or more dwellings if it appears to them 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 Subsection (1) does not apply to a building in a class designated under section 528 (designation by Secretary of State); but a building does not cease to be included in a class designated under this section by virtue of its inclusion in a class designated under that section.

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

4 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.

5 A designation may not describe a designated class by reference to the area (other than the authority’s district) in which the buildings concerned are situated; but a designated class may be so described that within the authority’s district there is only one building in the class.

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 local housing authority concerned.