Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
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Determination by Housing Agency of damage threshold | ||
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15. (1) The Housing Agency shall consider an application referred to it under section 13 and determine— | ||
(a) that the dwelling has the minimum type and amount of damage as may be prescribed for the application to be considered by the Housing Agency under this section (in this section referred to as the “damage threshold”), or | ||
(b) that the dwelling does not meet the damage threshold. | ||
(2) Where the Housing Agency makes a determination under subsection (1)(a), the Housing Agency shall assess the level of damage to the dwelling and, in so far as is possible, prioritise the assessment and consideration of the application under section 16 in accordance with the criteria prescribed under section 16 (10)(c). | ||
(3) For the purposes of making a determination under subsection (1) and an assessment of the level of damage under subsection (2), an authorised officer of the Housing Agency— | ||
(a) shall consider the application, and | ||
(b) may, where he or she considers it appropriate— | ||
(i) conduct a non-invasive visual inspection of the interior or exterior of the dwelling, or | ||
(ii) make enquiries of any person, including the designated local authority. | ||
(4) The Housing Agency shall notify the designated local authority of its determination under subsection (1) and the reasons for it. | ||
(5) The designated local authority shall, as soon as practicable on being notified by the Housing Agency under subsection (4), notify the applicant of the determination under subsection (1) and the reasons for it. | ||
(6) Where a determination is made under subsection (1)(b), a notification under subsection (5) shall state that the applicant may appeal the determination under Part 5 within 90 days of the date of the notification. | ||
(7) The Minister may prescribe: | ||
(a) the type and amount of damage which constitutes the damage threshold; | ||
(b) the standard and procedures by which assessments and inspections under this section shall be carried out. | ||
(8) The Minister shall have regard to I.S. 465:2018 or any amendment or replacement of it in making regulations under subsection (7). |