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48
Section 16 replaces Section 11 of the 1936 Act. Where a local authority
are satisfied that a house is unfit for human habitation and cannot be
made so fit at reasonable expense, they shall serve notice on the person
having control, the owner and other mortgagee of the house, of the time
and place at which they will consider the condition of the house and any
offer to carry out works, or as to the future of the house. The person on
whom notice is served might give an undertaking either to carry out
specified works which will render the house fit, or not use the house for
human habitation until the authority cancel the undertaking on the house
being rendered fit.
By Section 17, which replaces the Section 11 of the 1936 Act, where
no undertaking is accepted it is the duty of the local authority to make
a Demolition or a Closing Order or to purchase the house. A Demolition
Order must require that the premises shall be vacated within a
specified period being not less than 28 days from the date of the operation
of the Order and shall be demolished within a further six weeks. It is
an offence to enter or permit entry into occupation of a building after
the date on which the Demolition Order requires it to be vacated. In
default of the owner demolishing the building, the local authority shall
do so and recover the cost. Section 24 authorises permission being given
for the reconstruction of a condemned house.
The effect of a Closing Order is to prohibit the use of the premises for
any purpose other than a purpose approved by the local authority. The
local authority must determine the Order on being satisfied that the
premises have been made fit for human habitation. Section 30 deals
with payments in respect of condemned houses which have been well
maintained. A local authority may make allowances towards the
removal expenses and the loss incurred in a trade or business of any
person required to vacate a house as a result of a Demolition or a Closing
Order or purchase of the house by the local authority.
Part III of the Act deals with the declaring of clearance areas which
must include only houses which are unfit for human habitation or houses
or other buildings which are by reason of their bad arrangement, narrowness
or bad arrangement of the streets dangerous or injurious to the
health of the inhabitants of the area. (S. 42.) Having declared an area
a clearance area, the authority may proceed to secure the demolition of
the buildings either by making a Clearance Order or by purchasing the
land and undertaking the demolition themselves. A Clearance Order
must be submitted to and confirmed by the Minister. The Minister may
direct the local authority to make the authorised payments for a wellmaintained
house.
Any owner of a house may submit a list of proposed works to the
local authority with a request to be informed if the execution of the works
will make a house fit for human habitation, and that with reasonable
care and maintenance it will remain so fit for at least five years. (S. 69.)
Local authorities have been given powers to make a Demolition
Order on any obstructive building, i.e., a building which by reason of
its contact with or proximity to other buildings, is dangerous or injurious
to health.