HGCRA 1996, Section 111 - Requirement to Pay Notified Sum
What this means for your business
- Applies to
- United Kingdom
- On this page
- 12 compliance obligations, 1 practical guide
What you must do
12 compliance obligations under this legislation.
Risk assessment 2
Confirm buildings meet qualifying criteria for a group repair scheme
If you are putting together a group repair scheme for several properties, you must make sure every building you include satisfies the conditions set out for a âqualifying buildingâ. At least one building has to meet the stricter âprimary buildingâ requirements and any other buildings must meet the âadditional buildingâ requirements before the scheme can proceed.
Show that disabledâfacility works are necessary, appropriate and practicable before applying
If you want a local council grant to modify your property for a disabled person, you must be able to prove that the changes you propose actually meet the person's needs, that they are the right solution, and that you can carry them out on the building. For commonâparts work you also need to prove you have the legal power or duty to do it.
Management duties 4
Comply with occupation conditions in a group repair scheme
If you take part in a group repair scheme as an assisted participant, you must keep your home occupied or let it exactly as you said on your occupation certificate for the whole protected period. If the local housing authority asks, you have to send them a statement within 21 days proving youâre meeting the condition, and you must pay any balance of repair costs if you breach the rule.
Ensure compliance with the Boardâs code of practice
If your business employs or you are a registered architect, you must follow the professional conduct standards set out by the governing Board. The Board may vary the code, and failing to comply can be used against you in disciplinary proceedings. Make sure all staff are aware of and keep up with the code. This is a nonâcriminal duty â it only comes into play if the Board decides to investigate or discipline a registered person.
Ensure grantâeligible works for disabled occupants
If your property business is applying for a disabled facilities grant, the works must be carried out to meet the listed purposes â such as improving access, safety and essential facilities for disabled occupants. The grant will only be approved if the plans, designs and construction match these requirements. Basically you must design and build improvements that fit the purposes listed in the section.
Include adjudication clause in construction contracts
When you enter a construction contract you must make sure the contract contains a written adjudication clause. The clause must set out how you can give notice of a dispute, the timetable for appointing an adjudicator (within 7 days), the decision period (normally 28 days), the ability to extend the period, and that the adjudicatorâs decision is binding until the dispute is finally resolved.
Other requirements 1
Submit owner's certificate with disabled facilities grant application
If you are a property owner or landlord applying for a disabled facilities grant, you must attach a signed owner's certificate to the application. The certificate must confirm that you hold (or will hold) the qualifying ownership and that the disabled occupant will live in the dwelling as their main home.
Payments and fees 3
Comply with terms of government financial assistance
If you receive regeneration or development funding from the Secretary of State, you must follow the conditions they set â for example repaying the aid, making good any loss, or paying back part of the proceeds when you sell land or buildings that were helped by the assistance. Failure to meet those conditions can lead to enforcement action by the Secretary of State.
Pay contractors on agreed stage payments
If you are a client commissioning construction work, the law says contractors can be paid in instalments or at agreed stages, unless the contract says the work will last less than 45 days. You must therefore honour those stage payments as set out in the contract or, where no arrangement is made, in the Construction Payments Scheme.
Pay the balance of repair costs if you sell the property during the protected period
If your property is part of a group repair scheme and you sell or otherwise dispose of it before the schemeâs protected period ends, you must pay the remaining repair costs to the local housing authority when they ask for it. This applies unless the sale is one of the exempt types listed in the legislation.
Record keeping 1
Provide ownerâs certificate for disabled facilities grant applications
If one of your tenants asks for a disabledâfacilities grant, you as the landlord must give a signed ownerâs certificate confirming the tenant (or disabled occupant) will live in the property as their main home for the grant period. The certificate must be sent with the tenantâs application unless the housing authority says it would be unreasonable to require it.
Registration and licensing 1
Maintain your registration on the Register of Architects
If you work as an architect you must be entered on the official Register of Architects. This means you have to apply for registration, provide the required qualifications or evidence of competence, keep your business address upâtoâdate and pay any registration or annual retention fees. Failure to keep your name on the Register means you lose the right to call yourself a registered architect.
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
159 classified provisions from this legislation.
Duties 18
- s.19 Disabled facilities grants: ownerâs and tenantâs applications. A local housing authority
- s.21 Disabled facilities grants: certificate required in case of ownerâs application. A local housing authority
- s.22A Certificates required in case of occupierâs application A local housing authority
- s.22 Disabled facilities grants: certificates required in case of tenantâs application. A local housing authority
- s.23 Disabled facilities grants: purposes for which grant must or may be given.
- s.24 Disabled facilities grants: approval of application. they
- s.35 Payment of grants: general.
- s.61 Qualifying buildings.
- s.66 Certificate of completion date.
- s.70 Condition as to payment of balance of cost on disposal.
- s.71 Conditions as to occupation.
- s.108 Right to refer disputes to adjudication. time of his intention
- s.109 Entitlement to stage payments.
- s.114 The Scheme for Construction Contracts. Regulations under this section
- s.120 Registration. person entitled
- s.122 Code of practice. The Board
- s.127 Regeneration and development: forms of assistance. The Secretary of State
- s.128 Regeneration and development: terms on which assistance is given. The person receiving assistance
Powers 39
- s.1 Grants for improvements and repairs, &c.
- s.2 Applications for grants.
- s.3 Ineligible applicants.
- s.29 Restriction on grants for works already begun.
- s.31 Determination of amount of grant in case of landlordâs application.
- s.33 Power to specify maximum amount of grant.
- s.34 Decision and notification.
- s.36 Delayed payment of mandatory grant.
- s.37 Payment of grants: conditions as to carrying out of the works.
- s.38 Payment of grants: conditions as to contractors employed.
- s.39 Payment of grant to contractor.
- s.41 Change of circumstances affecting disabled occupant.
- s.42 Cases in which grants may be re-calculated, withheld or repaid.
- s.44 Grant conditions: introductory.
- s.51 Conditions as to repayment in case of other compensation, &c.
- s.52 Power to impose other conditions with consent of Secretary of State.
- s.57 Power of local housing authority to carry out works which would attract grant.
- s.60 Group repair schemes.
- s.63 Approval of scheme by Secretary of State.
- s.67 Contributions by participants.
- ... and 19 more powers
Definitions 15
- s.20 Disabled facilities grants: the disabled occupant.
- s.30 Means testing in case of application by owner-occupier or tenant.
- s.43 Repayment where applicant not entitled to grant.
- s.58 Minor definitions: Chapter I. flat qualifying houseboat
- s.59 .
- s.72 Meaning of relevant disposal and exempt disposal.
- s.75 Index of defined expressions: Chapter II.
- s.80 Index of defined expressions: Chapter III.
- s.99 Meaning of âowner" of dwelling.
- s.100 Disabled persons.
- s.101 Minor definitions: Part I.
- s.110A Payment notices: contractual requirements
- s.113 Prohibition of conditional payment provisions.
- s.121 Discipline.
- s.125 Supplementary.
Exemptions 9
- s.40 Applicant ceasing to be entitled before payment of grant.
- s.64 Persons eligible to participate in group repair scheme.
- s.65 Scheme consent and restriction on works.
- s.74 Power of Secretary of State to modify operation of Chapter.
- s.77 Entitlement to home repair assistance.
- s.95 Parsonages, charities, &c.
- s.110 Dates for payment.
- s.111n Requirement to pay notified sum.
- s.115 Service of notices, &c.