Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

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Consideration by Housing Agency of application for remediation option grant

16. (1) Where a determination is made under section 15 (1)(a), the Housing Agency shall arrange for an authorised officer who is a competent engineer to assess the dwelling and submit a report of the assessment to the Housing Agency in accordance with this section.

(2) For the purposes of preparing a report under subsection (1), the authorised officer may—

(a) exercise such powers referred to in section 43 as he or she considers necessary, and

(b) review such information or documents as he or she considers appropriate.

(3) The authorised officer shall submit a report to the Housing Agency, which—

(a) shall state whether, in his or her opinion, the damage to the dwelling is caused by the use of defective concrete blocks in its construction, and

(b) where his or her opinion is that such damage has been caused, shall recommend—

(i) the appropriate remediation option, or combination of remediation options, to remedy the damage, and

(ii) in accordance with section 10 , or any order made under section 11 , the remediation option grant which may be paid to the relevant owner under section 18 for the purpose of completing that remediation option.

(4) The Housing Agency shall consider the application under section 13 and the report of the authorised officer and shall—

(a) where it is satisfied that there is damage to the dwelling caused by the use of defective concrete blocks in its construction approve—

(i) in accordance with any regulations made under section 12 , the appropriate remediation option, or combination of remediation options, to remedy the damage (in this Act referred to as the “approved remediation option”), and

(ii) in accordance with section 10 , or any order made under section 11 , the remediation option grant which may be paid to the relevant owner under section 18 for the purpose of completing the approved remediation option,

or

(b) where it is not satisfied that there is damage to the dwelling caused by the use of defective concrete blocks in its construction, refuse to approve the grant.

(5) For the purposes of considering the application under subsection (4), the Housing Agency may—

(a) require the applicant to provide to it, within such period as it may specify, such further information or documents as it may specify, or

(b) require further information from the designated local authority.

(6) Where an applicant does not comply with a requirement under subsection (5)(a), the application shall be considered to have been withdrawn.

(7) The Housing Agency shall notify the designated local authority of its decision under subsection (4) and of the reasons for its decision, as soon as practicable after the decision is made.

(8) Where an applicant states in the application under section 13 that he or she, or any other person who has a legal or beneficial interest in the relevant dwelling, received a payment from another person, other than under this Act, in respect of damage to the relevant dwelling caused by the use of defective concrete blocks in its construction, the designated local authority shall reduce the remediation option grant approved under subsection (4)(a)(ii) in respect of the dwelling by the amount of the payment.

(9) The designated local authority shall, as soon as practicable on being notified by the Housing Agency under subsection (7), notify the applicant of the decision under subsection (4) and, where applicable, of a reduction under subsection (8), and the reasons for the decision and, where applicable, reduction, and the notification shall—

(a) where it relates to a decision under subsection (4)(a), state that the applicant is required to comply with section 17 , and

(b) include a statement that the applicant may appeal the decision under subsection (4) in accordance with Part 5 within 90 days of the date of the notification under this subsection.

(10) The Minister may prescribe—

(a) the standards by reference to which inspections and tests by authorised officers for the purposes of this section are to be carried out,

(b) the procedures for the selection by the Housing Agency of competent engineers to be authorised officers for the purposes of this section and the form and manner in which reports of authorised officers are to be provided,

(c) for the purposes of section 15 (2), the criteria in accordance with which the Housing Agency may determine the priority in which it may assess applications under this section,

(d) the matters to which the Housing Agency is to have regard in approving the remediation option and remediation option grant under subsection (4).

(e) the form and manner in which a requirement may be made under subsection (5).

(f) the method and procedure by which a remediation option grant may be reduced under subsection (8), and

(g) the form and manner in which a notification may be given under subsection (9).

(11) In making regulations under paragraph (a), (b), (c) or (d) of subsection (10) the Minister shall have regard to I.S. 465:2018 or any amendment or replacement of it.