Section 46 — Housing Act 2004: Demolition orders

Demolition orders 46 For section 265 of the Housing Act 1985 (c. 68) substitute— Demolition orders 265 1 If—

a the local housing authority are satisfied that a category 1 hazard exists in a dwelling or HMO which is not a flat, and b this subsection is not disapplied by subsection (5), making a demolition order in respect of the dwelling or HMO is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004 (category 1 hazards: general duty to take enforcement action).

2 If, in the case of any building containing one or more flats—

a the local housing authority are satisfied that a category 1 hazard exists in one or more of the flats contained in the building or in any common parts of the building, and b this subsection is not disapplied by subsection (5), making a demolition order in respect of the building is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004.

3 The local housing authority may make a demolition order in respect of a dwelling or HMO which is not a flat if—

a they are satisfied that a category 2 hazard exists in the dwelling or HMO, b this subsection is not disapplied by subsection (5),

and c the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.

4 The local housing authority may make a demolition order in respect of any building containing one or more flats if—

a they are satisfied that a category 2 hazard exists in one or more of the flats contained in the building or in any common parts of the building, b this subsection is not disapplied by subsection (5),

and c the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.

5 None of subsections (1) to (4) applies if a management order under Chapter 1 or 2 of Part 4 is in force in relation to the premises concerned.

6 This section also has effect subject to section 304(1) (no demolition order to be made in respect of listed building).

7 In this section “ HMO ” means house in multiple occupation.

8 An order made under subsection (3) or (4)—

a may make different provision for different cases or descriptions of case (including different provision for different areas);

b may contain such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate;

and c shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

9 Sections 584A and 584B provide for the payment of compensation where demolition orders are made under this section, and for the repayment of such compensation in certain circumstances.