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Section 20: Prohibition orders relating to category 1 hazards: duty of authority to make order

Housing Act 2004 · 2004 c. 34View on legislation.gov.uk

Part 1: Housing conditions — Chapter 2: Improvement notices, prohibition orders and hazard awareness notices

If—

the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and
no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

making a prohibition order under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

A prohibition order under this section is an order imposing such prohibition or prohibitions on the use of any premises as is or are specified in the order in accordance with subsections (3) and (4) and section 22.

The notice may not, by virtue of subsection (3)(b) or (c), prohibit use of any part of the building or its external common parts that is not included in any residential premises on which the hazard exists, unless the authority are satisfied—

that the deficiency from which the hazard arises is situated there, and
that it is necessary for such use to be prohibited in order to protect the health or safety of any actual or potential occupiers of one or more of the flats.

A prohibition order under this section may relate to more than one category 1 hazard on the same premises or in the same building containing one or more flats.

The operation of a prohibition order under this section may be suspended in accordance with section 23.

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.