Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
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Provisions relating to remediation option grant | ||
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17. (1) Where a relevant owner receives a notification under section 16 (9) which relates to a decision under section 16 (4)(a), the relevant owner shall provide the following to the designated local authority: | ||
(a) a remedial works plan; | ||
(b) any application the relevant owner wishes to make under section 22 ; and | ||
(c) such other documents or information as may be prescribed. | ||
(2) A remedial works plan referred to in subsection (1)(a) shall— | ||
(a) describe the works the relevant owner proposes to carry out to satisfy the approved remediation option, | ||
(b) describe any additional works the relevant owner proposes to carry out, and | ||
(c) be provided in such form and manner as may be prescribed. | ||
(3) The designated local authority shall refuse to consider an application for a payment under section 18 where— | ||
(a) the relevant owner fails to comply with subsection (1), or any regulations made under it, or | ||
(b) the remedial works plan indicates that the relevant owner does not propose to carry out the works necessary to satisfy the approved remediation option (whether or not he or she proposes to carry out additional works). | ||
(4) The designated local authority shall notify the relevant owner where it considers that subsection (3) applies. | ||
(5) Where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, and the remedial works plan provided under subsection (1) indicates that the internal floor area of the dwelling which the relevant owner proposes, subject to subsection (8)(c), to reconstruct is a reduction of the internal floor area of the relevant dwelling demolished, the designated local authority shall reduce the amount of the remediation option grant approved by the Housing Agency under section 16 (4) proportionately. | ||
(6) The designated local authority shall notify the relevant owner of the reduction of the remediation option grant under subsection (5) and of the reasons for it. | ||
(7) Following receipt of the documents referred to in subsection (1) the designated local authority shall notify the relevant owner that the remediation option grant shall not be paid where the conditions referred to in subsection (8) are not complied with by the relevant owner. | ||
(8) The conditions are that the relevant owner shall— | ||
(a) comply with sections 18 and 19 and any regulations made under those sections, | ||
(b) satisfy the designated local authority that the approved remediation option and any additional works are not unauthorised development within the meaning of the Act of 2000, | ||
(c) complete the remediation option on the relevant dwelling, or where the remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, in the exact position on the land on which the relevant dwelling is situated, and | ||
(d) comply with such other conditions as may be prescribed. |