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CHAPTER 29:08

HOUSING STANDARDS CONTROL ACT

Acts 29/1972, 57/1972 (s. 28), 39/1973 (s. 46), 22/1976 (s. 87), 48/1976 (s. 82), 3/1979 (ss. 115-120), 15/1981 (s. 66), 8/1988 (s. 164), 9/1997 (s. 10), 22/2001(s. 4); R.G.N. 918/1973.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title.
  2. Application of Act.

PART II

HOUSING COURTS

  1. Housing courts.
  2. Housing courts to be courts of record.
  3. Proceedings to be in public.
  4. Summoning of witnesses and privileges thereof.
  5. Witnesses failing to attend or refusing to be sworn or to give evidence.
  6. Witness giving false evidence.
  7. Contempt of housing court.
  8. Appeal from decision of housing court.

PART III

REPAIR, DEMOLITION AND CLOSUREORDERS

  1. Authority may apply for repair, demolition or closure order.
  2. Issue of summons.
  3. Contents of summons.
  4. Service of summons.
  5. Delivery of grounds of opposition.
  6. Inquiry to be held into application.
  7. Making of order.
  8. When building deemed to be of unsatisfactory standard.
  9. Contents of repair order.
  10. Contents of demolition order.
  11. Contents of closure order.
  12. Criteria in making of order.
  13. Order binding on successors in title.
  14. Effect of order stipulating vacation.
  15. Persons on whom copy of order shall be served.
  16. Certificate of compliance with order.
  17. Variation, revocation or replacement of order.
  18. Failure to comply with order an offence.
  19. Authority may carry out order and recover cost thereof.
  20. Rent not payable where building vacated.

PART IV

ABATEMENT OFOVERCROWDING

  1. Authority may apply for abatement order.
  2. Issue of abatement summons.
  3. Contents of abatement summons.
  4. Service of abatement summons.
  5. Delivery of grounds of opposition.
  6. Inquiry to be held into application.
  7. Making of abatement order.
  8. When dwelling deemed to be overcrowded.
  9. Persons on whom copy of abatement order shall be served.
  10. Contents of abatement order.
  11. Abatement order binding on successors in title.
  12. Names of persons required to vacate dwelling to be listed.
  13. Variation or revocation of abatement order.
  14. Failure to comply with abatement order an offence.
  15. Rent not payable where dwelling vacated.

PART V

CONTROL OFHARMFULUSE OR OCCUPATIONOF PREMISES AND UNDUE INTERFERENCE

  1. Application of this Part.
  2. Application for control order.
  3. Issue of control summons.
  4. Delivery of grounds of opposition.
  5. Inquiry to be held into application.
  6. Making of control order.
  7. Factors determining making of control order.
  8. Factors determining measures to be taken under control order.
  9. Persons on whom copy of control order shall be served.
  10. Control order binding on successors in title.
  11. Names of persons required to vacate premises to be listed.
  12. Variation or revocation of control order.
  13. Failure to comply with control order an offence.
  14. Rent not payable where premises vacated.
  15. Order for costs in respect of proceedings in terms of this Part.

PART VI

CLEARANCE AREAS

  1. Authority may apply for appointment of board of investigation.
  2. Appointment and functions of board.
  3. Composition and remuneration of board.
  4. Procedure of board.
  5. Statement given to board not admissible in evidence.
  6. Members and employees of authority to supply information to board.
  7. Members, assistants and advisers of board to have access to or over property.
  8. Offences in relation to inquiry of board.
  9. Authority to meet expenses of, and provide facilities for, inquiry conducted by board.
  10. Declaration of provisional clearance area and publication and service of clearance notice.
  11. Contents of clearance notice.
  12. Effect of clearance notice.
  13. Duration of clearance notice and payment of compensation to persons suffering loss as result thereof.
  14. Impairment of land in provisional clearance area an offence.
  15. Submission by board of report and summary of representations and procedure for grant of clearance warrant.
  16. Cancellation of general plan representing public places.

PART VII

GENERAL

  1. Dangerous buildings.
  2. Duty of occupant to disclose information to authority.
  3. Authority to have all necessary powers.
  4. President may amend First and Second Schedules.
  5. Absence of alternative accommodation.
  6. Power to enter and inspect buildings.
  7. Duties of authority in implementation of provisions of this Act.
  8. [Repealed].

FIRST SCHEDULE: Minimum Requirements in Relation to Unsatisfactory Standards. SECOND SCHEDULE: Minimum Requirements in Relation to Overcrowding.

 

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