Housing Grants, Construction and Regeneration Act 1996

Part I — Grants, &c. for renewal of private sector housing

Chapter I — The main grants

Introductory

Grants for improvements and repairs, &c

1

• (1) Grants are available from local housing authorities in accordance with this Chapter towards the cost of works required for—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the provision of facilities for disabled persons

• (i) in dwellings, qualifying houseboats and caravans, and

• (ii) in the common parts of buildings containing one or more flats.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In the following provisions of this Chapter the expression “grant”means a grant under subsection (1) above.

Applications for grants

2

• (1) No grant shall be paid unless an application for it is made to the local housing authority in accordance with the provisions of this Chapter and is approved by them.

• (2) An application for a grant shall be in writing and shall specify the premises to which it relates and contain—

• (a) particulars of the works in respect of which the grant is sought (in this Chapter referred to as the “relevant works”);

• (b) unless the local housing authority otherwise direct in any particular case, at least two estimates from different contractors of the cost of carrying out the relevant works;

• (c) particulars of any preliminary or ancillary services and charges in respect of the cost of which the grant is also sought; and

• (d) such other particulars as may be prescribed.

• (3) In this Chapter “preliminary or ancillary services and charges”, in relation to an application for a grant, means services and charges which—

• (a) relate to the application and the preparation for and the carrying out of works, and

• (b) are specified for the purposes of this subsection by order of the Secretary of State.

• (4) The Secretary of State may by regulations prescribe a form of application for a grant and an application for a grant to which any such regulations apply is not validly made unless it is in the prescribed form.

Preliminary conditions

Ineligible applicants

3

• (1) No grant is payable under this Chapter unless the applicant is aged 18 or over on the date of the application.

In the case of a joint application, any applicant under the age of 18 years on the date of the application shall be left out of account.

• (2) No grant is payable under this Chapter if the person who would otherwise qualify as the applicant for the grant is—

• (a) a local authority;

• (b) a development corporation;

• (c) an urban development corporation;

• (d) a housing action trust;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) NHS England , an integrated care board, ... Local Health Board, special health authority ... , NHS trust or NHS foundation trust;

• (g) a police and crime commissioner;

• (h) a joint authority established by Part IV of the Local Government Act 1985;

• (i) a residuary body established by Part VII of that Act; . . .

• (j) an authority established under section 10(1) of that Act (waste disposal);

• (ja) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (jb) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

• (jc) a combined authority established under section 103 of that Act; or

• (jd) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• (k) the London Fire Commissioner.

• (3) No grant is payable under this Chapter if the applicant is of a description excluded from entitlement to grant aid by regulations made by the Secretary of State.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4A) Regulations under subsection (3) made by the Secretary of State may proceed wholly or in part by reference to the provisions relating to entitlement to—

• (a) housing benefit;

• (b) universal credit; or

• (c) any other form of assistance,

as they have effect from time to time.

The age of the property

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Excluded descriptions of works

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defective dwellings

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renovation grants

Renovation grants: owner’s applications and tenant’s applications

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renovation grants: certificates required in case of owner’s application

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renovation grants: certificates required in case of tenant’s application

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renovation grants: prior qualifying period

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prior qualifying period: the ownership or tenancy condition

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renovation grants: purposes for which grant may be given

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renovation grants: approval of application

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Common parts grants

Common parts grants: occupation of flats by occupying tenants

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Common parts grants: landlord’s and tenants' applications

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Common parts grants: certificate required to accompany application

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Common parts grants: purposes for which grant may be given

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Common parts grants: approval of application

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disabled facilities grants

Disabled facilities grants: owner’s and tenant’s applications

19

• (1) A local housing authority shall not entertain an application for a . . . grant unless they are satisfied—

• (a) that the applicant has, or proposes to acquire, an owner’s interest in every parcel of land on which the relevant works are to be carried out, or

• (b) that the applicant is a tenant (alone or jointly with others)—

• (i) in the case of an application in respect of works to a dwelling, of the dwelling, or

• (ii) in the case of a common parts application, of a flat in the building,

and, in either case, does not have or propose to acquire such an owner’s interest as is mentioned in paragraph (a) , or

• (c) that the applicant is an occupier (alone or jointly with others) of a qualifying houseboat or a caravan and, in the case of a caravan, that at the time the application was made the caravan was stationed on land within the authority’s area.

• (2) References in this Chapter to an “owner's application” or a “tenant's application” or an “occupier’s application”, in relation to a . . . grant, shall be construed accordingly.

• (3) In accordance with directions given by the Secretary of State, a local housing authority may treat the condition in subsection (1)(a) as met by a person who has, or proposes to acquire, an owner’s interest in only part of the land concerned.

• (4) In this Chapter, in relation to an application for a . . . grant—

• “qualifying owner’s interest” means an owner’s interest meeting the condition in subsection (1)(a) or treated by virtue of subsection (3) as meeting that condition; and

• “qualifying tenant” means a tenant who meets the conditions in subsection (1)(b).

• (5) In this Chapter “tenant”, in relation to a . . . grant, includes—

• (a) a secure tenant, introductory tenant or statutory tenant,

• (aa) a tenant or licensee under a secure contract within the meaning of the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act),

• (ab) a tenant or licensee under an introductory standard contract within the meaning of the Renting Homes (Wales) Act 2016 (see section 16 of that Act),

• (b) a protected occupier under the Rent (Agriculture) Act 1976 or a person in occupation under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988,

• (c) an employee (whether full-time or part-time) who occupies the dwelling or flat concerned for the better performance of his duties, and

• (d) a person having a licence to occupy the dwelling or flat concerned which satisfies such conditions as may be specified by order of the Secretary of State;

and other expressions relating to tenancies, in the context of an application for . . . grant, shall be construed accordingly.

Disabled facilities grants: the disabled occupant

20

In this Chapter the “disabled occupant”, in relation to an application for . . . grant, means the disabled person for whose benefit it is proposed to carry out any of the relevant works.

Disabled facilities grants: certificate required in case of owner’s application

21

• (1) A local housing authority shall not entertain an owner’s application for a . . . grant unless it is accompanied by an owner’s certificate in respect of the dwelling to which the application relates or, in the case of a common parts application, in respect of each flat in the building occupied or proposed to be occupied by a disabled occupant.

• (2) An “owner’s certificate”, for the purposes of an application for a . . . grant, certifies that the applicant—

• (a) has or proposes to acquire a qualifying owner’s interest, and

• (b) intends that the disabled occupant will live in the dwelling or flat as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.

Disabled facilities grants: certificates required in case of tenant’s application

22

• (1) A local housing authority shall not entertain a tenant’s application for a . . . grant unless it is accompanied by a tenant’s certificate.

• (2) A “tenant’s certificate”, for the purposes of an application for a . . . grant, certifies—

• (a) that the application is a tenant’s application, and

• (b) that the applicant intends that he (if he is the disabled occupant) or the disabled occupant will live in the dwelling or flat as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.

• (3) Except where the authority consider it unreasonable in the circumstances to require such a certificate, they shall not entertain a tenant’s application for a . . . grant unless it is also accompanied by an owner’s certificate from the person who at the time of the application is the landlord under the tenancy.

Disabled facilities grants: purposes for which grant must or may be given

23

• (1) The purposes for which an application for a . . . grant must be approved, subject to the provisions of this Chapter, are the following—

• (a) facilitating access by the disabled occupant to and from

• (i) the dwelling, qualifying houseboat or caravan, or

• (ii) the building in which the dwelling or, as the case may be, flat is situated;

• (b) making

• (i) the dwelling, qualifying houseboat or caravan, or

• (ii) the building,

safe for the disabled occupant and other persons residing with him;

• (c) facilitating access by the disabled occupant to a room used or usable as the principal family room;

• (d) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room used or usable for sleeping;

• (e) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a lavatory, or facilitating the use by the disabled occupant of such a facility;

• (f) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a bath or shower (or both), or facilitating the use by the disabled occupant of such a facility;

• (g) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a washhand basin, or facilitating the use by the disabled occupant of such a facility;

• (h) facilitating the preparation and cooking of food by the disabled occupant;

• (i) improving any heating system in the dwelling , qualifying houseboat or caravan to meet the needs of the disabled occupant or, if there is no existing heating system there or any such system is unsuitable for use by the disabled occupant, providing a heating system suitable to meet his needs;

• (j) facilitating the use by the disabled occupant of a source of power, light or heat by altering the position of one or more means of access to or control of that source or by providing additional means of control;

• (k) facilitating access and movement by the disabled occupant around the dwelling , qualifying houseboat or caravan in order to enable him to care for a person who is normally resident there and is in need of such care;

• (l) such other purposes as may be specified by order of the Secretary of State.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) If in the opinion of the local housing authority the relevant works are more or less extensive than is necessary to achieve any of the purposes set out in subsection (1) . . . , they may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to or, as the case may be, include such works as seem to the authority to be necessary for that purpose.

Disabled facilities grants: approval of application

24

• (1) The local housing authority shall approve an application for a grant for purposes within section 23(1), subject to the following provisions.

• (2) Where an authority entertain an owner’s application for a . . . grant made by a person who proposes to acquire a qualifying owner’s interest, they shall not approve the application until they are satisfied that he has done so.

• (3) A local housing authority shall not approve an application for a . . . grant unless they are satisfied—

• (a) that the relevant works are necessary and appropriate to meet the needs of the disabled occupant, and

• (b) that it is reasonable and practicable to carry out the relevant works having regard to the age and condition of

• (i) the dwelling, qualifying houseboat or caravan, or

• (ii) the building.

In considering the matters mentioned in paragraph (a) a local housing authority which is not itself a social services authority shall consult the social services authority.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A local housing authority shall not approve a common parts application for a . . . grant unless they are satisfied that the applicant has a power or is under a duty to carry out the relevant works.

HMO grants

HMO grants: the interest of the applicant in the property

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

HMO grants: certificate required to accompany application

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

HMO grants: purposes for which grant may be given

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

HMO grants: approval of application

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on grant aid

Restriction on grants for works already begun

29

• (1) Subject as follows, a local housing authority shall not approve an application for a grant if the relevant works have been begun before the application is approved.

• (2) Where the relevant works have been begun but have not been completed, the authority may approve the application for a grant if they are satisfied that there were good reasons for beginning the works before the application was approved.

• (3) Where an authority decide to approve an application in accordance with subsection (2), they may, with the consent of the applicant, treat the application as varied so that the relevant works do not include any that are completed.

But in determining for the purposes of the application the physical condition of the dwelling , qualifying houseboat, caravan or common parts . . . concerned, they shall consider the condition of the premises at the date of the application.

• (4) . . . a local housing authority shall not approve an application for a grant if the relevant works have been completed.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Means testing in case of application by owner-occupier or tenant

30

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .