Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
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Payment of remediation option grant | ||
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18. (1) A relevant owner may apply to the designated local authority for a payment of a remediation option grant approved under section 16 (4)(a) in whole or in parts, subject to any reduction made under section 16 (8) or 17 (5). | ||
(2) An application for part payment (other than the final part payment) of a remediation option grant shall be accompanied by— | ||
(a) an interim valuation certificate completed in accordance with subsection (5), and | ||
(b) evidence of the expenditure incurred by the relevant owner in carrying out the works described in the interim valuation certificate. | ||
(3) An application for the final part payment of the remediation option grant or for payment of the whole of the grant shall be accompanied by— | ||
(a) a post works remedial works plan completed in accordance with subsection (6). | ||
(b) a certificate of remediation completed in accordance with section 20 , and | ||
(c) evidence of the expenditure incurred by the relevant owner in completing the works described in the post works remedial works plan. | ||
(4) The total amount of payments which may be made to a relevant owner under this section shall not exceed the lesser of— | ||
(a) the amount of the remediation option grant approved under section 16 (4), subject to any reduction made under section 16 (8) or 17 (5), or | ||
(b) the expenditure incurred and evidenced by the relevant owner in completing the approved remediation option (including the value added tax paid by the relevant owner for that purpose). | ||
(5) An interim valuation certificate shall— | ||
(a) describe the works completed since the date of commencement of the works notified to the designated local authority under section 19 , or where a previous interim valuation certificate has been provided to the designated local authority, since the date of that previous interim valuation certificate, and | ||
(b) be prepared by the competent engineer, or where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, the competent building professional, who designed and inspected the works referred to in paragraph (a). | ||
(6) A post works remedial works plan shall— | ||
(a) describe the works completed since the date of commencement of the works notified to the designated local authority under section 19 , and | ||
(b) be prepared by the competent engineer, or where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, the competent building professional, who designed and inspected the works referred to in paragraph (a). | ||
(7) The designated local authority shall refuse to make a payment applied for under subsection (1)— | ||
(a) where the conditions referred to in section 17 (8) have not been complied with, | ||
(b) in respect of any additional works, or | ||
(c) where an authorised officer is refused entry to the relevant dwelling for the purposes of subsection (10). | ||
(8) Without prejudice to subsection (7), the designated local authority shall refuse to make a part payment where— | ||
(a) the relevant owner fails to comply with subsection (2), or | ||
(b) the works carried out are not in accordance with the remedial works plan. | ||
(9) Without prejudice to subsection (7), the designated local authority shall refuse to make the final part payment of the remediation option grant or the payment of the whole of the remediation option grant where— | ||
(a) the relevant owner fails to comply with subsection (3), or | ||
(b) the works carried out by the relevant owner are not sufficient to satisfy the approved remediation option. | ||
(10) For the purposes of determining whether or not to make a payment, or part payment, of a remediation option grant under this section, an authorised officer of the designated local authority may— | ||
(a) inspect the works carried out or being carried out to the relevant dwelling, and | ||
(b) make enquiries of such persons as he or she considers necessary. | ||
(11) Where the designated local authority refuses to make a payment, it shall notify the relevant owner of the refusal and the reasons for the refusal. | ||
(12) A notification under subsection (11) shall state that the relevant owner may appeal the refusal in accordance with Part 5 within 90 days of the date of the notification. | ||
(13) The Minister may, for the purposes of this section, prescribe: | ||
(a) the form and manner in which an application under this section shall be made; | ||
(b) the form and content of interim valuation certificates; | ||
(c) the form and content of post works remedial works plans; | ||
(d) such other documents or information as he or she may consider necessary to accompany an application for the purposes of this section. |