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Standard", when considering comparison with any byelaws operating
in the district the practice is to compare with the building byelaws but
these are of very little assistance as they deal more specifically with
materials and construction, drainage and fittings which gives little or
no guidance of fitness. We therefore have to fall back on the general
housing standard. As this varies considerably throughout the country
it has to be interpreted district by district and therefore any uniform
standard on this basis is not possible.
In January, 1945, a sub-committee was set up by the Central Housing
Advisory Committee to consider whether further guidance as to
standards of fitness for habitation can be given within the terms of the
existing Housing Acts, and if so what form the guidance should take.
The sub-committee subsequently recommended a standard for a
satisfactory house (see page 15 of my report for 1952). So far this
standard has been specified by the Minister only in respect of conversions
and improvements in respect of which financial assistance can be
given under the Housing Act, 1949. Very onerous conditions are
attached to improvement grants under this Act and, in addition the
local authority have to be satisfied that the works, when completed,
will provide satisfactory housing accommodation for a period of 30
years.
The Minister, in the White paper "Houses—The Next Step" observes
that comparatively little use has been made of the 1949 Act, but he
admits that the powers themselves need some amendment.
The lack of a definition of "unfit for human habitation" has led to
a variety of decisions in the Courts on defining unfitness and consequently
to a great deal of uncertainty as to what work a local authority
may require an owner to do in any particular case.
An endeavour has been made in the Housing Repairs and Rents Bill
to give, for the first time, a standard of fitness for human habitation.
Clause 7 of that Bill provides that a local authority shall take into
account the following matters when considering whether a house is
unfit:—
(a) Repair.
(b) Stability.
(c) Freedom from damp.
(d) Natural lighting.
(e) Ventilation.
(f) Water supply.
(g) Drainage and sanitary conveniences; and
(h) Facilities for storage, preparation and cooking of food and for
the disposal of waste water.
and the house shall be deemed to be unfit as aforesaid if and only if it
is so far defective in one or more of the said matters that it is not reasonably
suitable for occupation in that condition.
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