Housing (Miscellaneous Provisions) Act 2009


Consideration of designation of apartment complex.

51.— (1) Subject to and in accordance with this Part and any regulations made thereunder, a housing authority may propose to designate an apartment complex for the purpose of making all of the apartments comprised therein, in respect of which the housing authority is the apartment owner, available for sale to the tenants thereof, under this Part and any regulations made thereunder, where the housing authority is satisfied that the conditions specified in subsection (2) are met.

(2) The conditions referred to in subsection (1) are that—

(a) the housing authority considers that the sale of the apartments concerned is consistent with good estate management and management of its overall dwelling stock in accordance with the policy objectives set out in its housing services plan relating to the management and maintenance of dwellings owned by the housing authority,

(b) the apartment complex is suitable for designation having regard to, but not necessarily limited to, the following—

(i) the configuration of the apartment complex by reference to its design and layout and to the common areas, structures, works and services,

(ii) the annual cost of managing and maintaining the apartment complex and providing for future capital works to preserve and improve the apartment complex, and

(iii) the number of apartments available for sale,

(c) the housing authority is satisfied, in a case where structural work has been carried out on the apartment complex within the previous 10 years or, in any other case, where a survey of the structural condition of the apartment complex has been carried out within the previous 5 years, that the apartment complex is in good structural condition, order and repair,

(d) with respect to the apartment complex concerned, neither the housing services plan nor the housing action programme contain—

(i) proposals to carry out reconstruction or improvement works by virtue of section 12 of the Act of 1988, or

(ii) plans for the regeneration of the area in which the apartment complex is situated,

(e) good and marketable title may be transferred to a management company under section 59 for the purposes of this Part, and

(f) none of the apartments in the apartment complex is of a class excluded from sale under this Part by regulations made under section 77.