Any dwelling house is deemed fit for human habitation unless it fails to meet one or other of several requirements and by reason of that failure is not reasonably suitable for occupation.

The requirements used to determine fitness for habitation are:-

• it is structurally stable;
• it is free from serious disrepair;
• it is free from dampness prejudicial to the health of the occupants (if any);
• it has adequate provision for lighting, heating and ventilation;
• it has an adequate piped supply of wholesome water;there are satisfactory facilities in the dwelling for the preparation and cooking of food, including a sink with a satisfactory supply of hot and cold water;
• it has a suitably located water closet for the exclusive use of the occupants (if any);
• it has, for the exclusive use of the occupants (if any), a suitably located fixed bath or shower and a wash hand basin each of which is provided with a satisfactory supply of hot and cold water; and
• it has an effective system for the draining of foul water and surface water.

If the council identifies a property which fails to meet one or more of the above requirements, it is deemed to be unfit for human habitation. In these circumstances the council must determine the most satisfactory course of action to be taken with that property. There are several options available to the council:-

• a repair notice
• a closing order
• a demolition order, or
• include the property in a clearance area

There is a set procedure to be followed by the council in deciding the most satisfactory course of action.

Repair notice

A repair notice would specify the works required to remedy the particular conditions to which the notice relates. It would also specify a reasonable time by which the works must be started and a reasonable period within which they are to be completed.

Works could include improvements such installation of a damp proofing course, as well as repairs e.g. replastering walls which were affected by dampness.

Closing order

A closing order is an order prohibiting the use of the premises for any purpose not approved by the council. This means the council issues this type of order to prevent the premises being lived in.

Demolition order

As the name suggests these orders are issued where demolition of the premises is the most satisfactory course of action.

Clearance area

An area consisting of houses which are unfit for human habitation and are all to be demolished, as the best way of dealing with the problem. There is a very detailed procedure to go through which includes consulting those people who will be affected by the decision.

Providing Information (650)