Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
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Application for revised approval | ||
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23. (1) Where the Housing Agency approves an approved remediation option and remediation option grant under section 16 (4)(a) (in this section referred to as the “first approval”) and the approved remediation option is not the demolition of the relevant dwelling and the reconstruction of the dwelling, the relevant owner may, after the date of commencement of the works notified under section 19 , apply to the designated local authority for approval of a revised remediation option and grant by the Housing Authority under subsection (4) (in this section referred to as a “revised approval”). | ||
(2) An application under subsection (1) shall be accompanied by a report from a competent engineer which states that, in the opinion of the competent engineer, there has been, since the date of the first approval, an unforeseen and material deterioration in the condition of the blocks which were to be retained in the relevant dwelling in accordance with the approved remediation option, such that a revised approval is necessary to remedy the damage caused to the dwelling by the use of defective concrete blocks in its construction. | ||
(3) The designated local authority shall refer the application to the Housing Agency for its consideration where the designated local authority is satisfied that the application is made in accordance with subsections (1) and (2) and any regulations made under subsection (10). | ||
(4) Where the Housing Agency is satisfied that there has been an unforeseen and material deterioration in the condition of the blocks which were to be retained in the relevant dwelling in accordance with the approved remediation option, such that a revised approval is necessary to remedy the damage caused by the use of defective concrete blocks in its construction, it shall approve— | ||
(a) in accordance with any regulations made under section 12 , a revised remediation option, or revised combination of remediation options, to remedy the damage, and | ||
(b) in accordance with section 10 , or any order made under section 11 , a revised remediation option grant which may be paid to the relevant owner under section 18 for the purpose of completing the revised remediation option, or revised combination of remediation options. | ||
(5) The Housing Agency shall, for the purposes of the revised approval, consider an application referred under subsection (3) and may— | ||
(a) require an authorised officer to exercise such powers as are referred to in section 43 that it considers necessary for that purpose, or | ||
(b) consult with such persons as it considers necessary. | ||
(6) A revised remediation option under subsection (4)(a) shall not include the demolition of the relevant dwelling and the reconstruction of the dwelling. | ||
(7) A revised remediation option grant under subsection (4)(b) shall not exceed the amount of the remediation option grant which could have been approved under section 16 (4)(a) in respect of the revised remediation option (were the revised remediation option the approved remediation option the subject of the first approval) at the date of the first approval. | ||
(8) Subject to the modification referred to in subsection (9) and any other necessary modification, a revised approval shall be deemed to be an approval under section 16 (4)(a) for the purposes of this Act. | ||
(9) The modification is that the period referred to in section 19 (1)(b) shall continue to apply as if the revised approval was made on the date of the first approval. | ||
(10) The Minister may prescribe the form and manner in which an application is to be made and considered under this section. |