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Section 528: Designation of defective dwellings by Secretary of State.

Housing Act 1985 · 1985 c. 68View on legislation.gov.uk

Part XVI: ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING

The Secretary of State may designate as a class buildings each of which consists of or includes one or more dwellings if it appears to him that—

buildings in the proposed class are defective by reason of their design or construction, and
by virtue of the circumstances mentioned in paragraph (a) having become generally known, the value of some or all of the dwellings concerned has been substantially reduced.

A dwelling which is, or is included in, a building in a class so designated is referred to in this Part as a "defective dwelling"; and in this Part, in relation to such a dwelling—

"the qualifying defect" means what, in the opinion of the Secretary of State, is wrong with the buildings in that class, and
"the cut-off date" means the date by which, in the opinion of the Secretary of State, the circumstances mentioned in subsection (1)(a) became generally known.

A designation shall describe the qualifying defect and specify—

the cut-off date,
the date (being a date falling on or after the cut-off date) on which the designation is to come into operation, and
the period within which persons may seek assistance under this Part in respect of the defective dwellings concerned.

A designation may make different provision in relation to England and Wales; subject to that, a designated class shall not be described by reference to the area in which the buildings concerned are situated.

Notice of a designation shall be published in the London Gazette.

Any question arising as to whether a building is or was at any time in a class designated under this section shall be determined by the Secretary of State.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.