Housing Grants, Construction and Regeneration Act 1996
1996 c. 53
An Act to make provision for grants and other assistance for housing purposes and about action in relation to unfit housing; to amend the law relating to construction contracts and architects; to provide grants and other assistance for regeneration and development and in connection with clearance areas; to amend the provisions relating to home energy efficiency schemes; to make provision in connection with the dissolution of urban development corporations, housing action trusts and the Commission for the New Towns; and for connected purposes.
[24th July 1996]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(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.
(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.
19 Disabled facilities grants: owner’s and tenant’s applications.
(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.
20 Disabled facilities grants: the disabled occupant.
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.
21 Disabled facilities grants: certificate required in case of owner’s application.
(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.
22 Disabled facilities grants: certificates required in case of tenant’s application.
(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.
22A Certificates required in case of occupier’s application
(1) A local housing authority shall not entertain an occupier’s application for a grant unless it is accompanied by an occupier’s certificate.
(2) An “occupier’s certificate”, for the purposes of an application for a grant, certifies—
(a) that the application is an occupier’s application, and
(b) that the applicant intends that he (if he is the disabled occupant) or the disabled occupant will live in the qualifying houseboat or caravan (as the case may be) 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 an occupier’s application for a grant unless it is also accompanied by a consent certificate from each person (other than the applicant) who at the time of the application—
(a) is entitled to possession of the premises at which the qualifying houseboat is moored or, as the case may be, the land on which the caravan is stationed; or
(b) is entitled to dispose of the qualifying houseboat or, as the case may be, the caravan.
(4) A “consent certificate”, for the purposes of subsection (3), certifies that the person by whom the certificate is given consents to the carrying out of the relevant works.
23 Disabled facilities grants: purposes for which grant must or may be given.
(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.
24 Disabled facilities grants: approval of application.
(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.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 Means testing in case of application by owner-occupier or tenant.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) If in the case of an application for a . . . grant the financial resources of any person of a description specified by regulations exceed the applicable amount, the amount of any grant which may be paid shall, in accordance with regulations, be reduced from what it would otherwise have been.
(5) Provision may be made by regulations—
(a) for the determination of the amount which is to be taken to be the financial resources of any person,
(b) for the determination of the applicable amount referred to in subsection . . . (4), and
(c) as to circumstances in which the financial resources of a person are to be assumed (by reason of his receiving a prescribed benefit or otherwise) not to exceed the applicable amount.
(6) Regulations may, in particular—
(a) make provision for account to be taken of the income, assets, needs and outgoings not only of the person himself but also of his spouse, his civil partner, any person living with him or intending to live with him and any person on whom he is dependent or who is dependent on him;
(b) make provision for amounts specified in or determined under the regulations to be taken into account for particular purposes.
(7) Regulations may apply for the purposes of this section, subject to such modifications as may be prescribed, any other statutory means-testing regime as it has effect from time to time.
(8) Regulations may make provision requiring any information or evidence needed for the determination of any matter under this section to be furnished by such person as may be prescribed.
(9) In this section “regulations” means regulations made by the Secretary of State with the consent of the Treasury.
31 Determination of amount of grant in case of landlord’s application.
(1) This section applies to an owner’s application in respect of works to a dwelling which is or is intended to be let, or to the common parts of a building in which a flat is or is intended to be let.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The amount of the grant (if any) shall be determined by the local housing authority, having regard to—
(a) the extent to which the landlord is able to charge a higher rent for the premises because of the works, and
(b) such other matters as the Secretary of State may direct.
(4) The authority may, if they think it appropriate, seek and act upon the advice of rent officers as to any matter.
(5) The Secretary of State may by regulations make provision requiring any information or evidence needed for the determination of any matter under this section to be furnished by such person as may be prescribed.
(1) The Secretary of State may, if he thinks fit, by order specify a maximum amount or a formula for calculating a maximum amount of grant which a local housing authority may pay in respect of an application for a grant.
(2) An order under this section may make different provision for . . . different circumstances.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) An authority may not . . . pay an amount of grant in excess of a specified maximum amount.
(1) A local housing authority shall by notice in writing notify an applicant for a grant as soon as reasonably practicable, and, in any event, not later than six months after the date of the application concerned, whether the application is approved or refused.
(2) Where an authority decide to approve an application for a grant, they shall determine—
(a) which of the relevant works are eligible for grant (in this Chapter referred to as “the eligible works”),
(b) the amount of the expenses which in their opinion are properly to be incurred in the execution of the eligible works,
(c) the amount of the costs which in their opinion have been properly incurred, or are properly to be incurred, with respect to preliminary or ancillary services and charges, and
(d) the amount of grant they have decided to pay, taking into account all the relevant provisions of this Chapter.
The total of the amounts referred to in paragraphs (b) and (c) is referred to in this Chapter as “the estimated expense”.
(3) If the authority notify the applicant under subsection (1) that the application is approved, they shall specify in the notice—
(a) the eligible works,
(b) the amounts referred to in subsection (2)(b) and (c), and how those amounts have been calculated, and
(c) the amount of the grant.
(4) If the authority notify the applicant under subsection (1) that the application is refused, they shall at the same time notify him of the reasons for the refusal.
(5) If after an application for a grant has been approved the authority are satisfied that owing to circumstances beyond the control of the applicant—
(a) the eligible works cannot be, or could not have been, carried out on the basis of the amount of expenses referred to in subsection (2)(b),
(b) the amount of the costs which have been or are to be incurred as mentioned in subsection (2)(c) has increased, or
(c) the eligible works cannot be, or could not have been, carried out without carrying out additional works which could not have been reasonably foreseen at the time the application was made,
the authority may re-determine the estimated expense and the amount of the grant.
(6) Where an application for a grant is approved, the local housing authority may not impose any condition in relation to the approval or payment of the grant, except—
(a) as provided by the following provisions of this Chapter, or
(b) with the consent of the Secretary of State;
and this applies whether the condition purports to operate as a condition, a personal covenant or otherwise.
(1) Where the local housing authority have approved an application for a grant, they shall pay the grant, subject to the following provisions of this Chapter.
(2) The grant may be paid—
(a) in whole after the completion of the eligible works, or
(b) in part by instalments as the works progress and the balance after completion of the works.
(3) Where a grant is paid by instalments, the aggregate of the instalments paid before the completion of the eligible works shall not at any time exceed nine-tenths of the amount of the grant.
(1) The local housing authority may approve an application for a grant on terms that payment of the grant, or part of it, will not be made before a date specified in the notification of their decision on the application.
(2) That date shall not be more than twelve months, or such other period as may be specified by order of the Secretary of State, after the date of the application.
37 Payment of grants: conditions as to carrying out of the works.
(1) It is a condition of payment of every grant that the eligible works are carried out within twelve months from—
(a) the date of approval of the application concerned, or
(b) where section 36 applies (delayed payment of mandatory grant), the date specified in the notification of the authority’s decision,
or, in either case, such further period as the local housing authority may allow.
(2) The authority may, in particular, allow further time where they are satisfied that the eligible works cannot be, or could not have been, carried out without carrying out other works which could not have been reasonably foreseen at the time the application was made.
(3) In approving an application for a grant a local housing authority may require as a condition of payment of the grant that the eligible works are carried out in accordance with such specifications as they determine.
(4) The payment of a grant, or part of a grant, is conditional upon—
(a) the eligible works or the corresponding part of the works being executed to the satisfaction of the authority, and
(b) the authority being provided with an acceptable invoice, demand or receipt for payment for the works and any preliminary or ancillary services or charges in respect of which the grant or part of the grant is to be paid.
For this purpose an invoice, demand or receipt is acceptable if it satisfies the authority and is not given by the applicant or a member of his family.
38 Payment of grants: conditions as to contractors employed.
(1) It is a condition of payment of every grant, unless the local housing authority direct otherwise in any particular case, that the eligible works are carried out by the contractor whose estimate accompanied the application or, where two or more estimates were submitted, by one of those contractors.
(2) The Secretary of State may by regulations make provision as to the establishing and maintaining by local housing authorities of lists of contractors approved by them for the purpose of carrying out grant-aided works.
(3) The regulations may provide that it shall be a condition of payment of every grant by a local housing authority by whom such a list is maintained that, except in such cases as may be prescribed and unless the local housing authority direct otherwise in any particular case, the eligible works are carried out by a contractor who is on the authority’s list of approved contractors.