Section 47 — Housing Act 2004: Clearance areas

Clearance areas 47 In section 289 of the Housing Act 1985 (c. 68) (declaration of clearance area) for subsections (2) and (2A) substitute— 2 If the local housing authority are satisfied, in relation to any area—

a that each of the residential buildings in the area contains a category 1 hazard, and b that the other buildings (if any) in the area are dangerous or harmful to the health or safety of the inhabitants of the area, declaring the area to be a clearance area is a course of action available to the authority in relation to the hazard or hazards for the purposes of section 5 of the Housing Act 2004 (category 1 hazards: general duty to take enforcement action). 2ZA The local housing authority may declare an area to be a clearance area if they are satisfied that—

a the residential buildings in the area are dangerous or harmful to the health or safety of the inhabitants of the area as a result of their bad arrangement or the narrowness or bad arrangement of the streets;

and b that the other buildings (if any) in the area are dangerous or harmful to the health or safety of the inhabitants of the area. 2ZB The local housing authority may declare an area to be a clearance area if they are satisfied that—

a that each of the residential buildings in the area contains a category 2 hazard, b that the other buildings (if any) in the area are dangerous or harmful to the health or safety of the inhabitants of the area, and c the circumstances of the case are circumstances specified or described in an order made by the Secretary of State. Subsection (8) of section 265 applies in relation to an order under this subsection as it applies in relation to an order under subsection (3) or (4) of that section. 2ZC In this section “ residential buildings ” means buildings which are dwellings or houses in multiple occupation or contain one or more flats. This is subject to subsection (2ZD). 2ZD For the purposes of subsection (2) or (2ZB)—

a subsection (2ZC) applies as if “two or more flats” were substituted for “one or more flats”;

and b a residential building containing two or more flats is only to be treated as containing a category 1 or 2 hazard if two or more of the flats within it contain such a hazard. 2ZE Subsections (2) to (2ZB) are subject to subsections (2B) to (4) and (5B).