Housing, &c. Act 1923
| Jurisdiction | UK Non-devolved |
| Citation | 1923 c. 24 |
| Year | 1923 |
Housing, &c. Act, 1923
(13 & 14 Geo. 5.) CHAPTER 24.
An Act to amend the enactments relating to the Housing of the Working Classes (including the amendment and revocation of building byelaws), Town Planning and the Acquisition of Small Dwellings.
[31st July 1923]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I.
Amendments of Housing Acts .
Temporary Provisions for encouraging the Provision of Housing Accommodation.
1 Government contributions to expenses of localauthorities in assisting construction of houses.
(1) The Minister of Health (hereinafter referred to as the Minister) shall, subject to such conditions as to records, certificates, audit or otherwise, as, with the approval of the Treasury, he may determine, make or undertake to make contributions out of moneys provided by Parliament:—
(a ) towards any expenses incurred by a local authority for the purposes of Part III. of the Housing of the Working Classes Act, 1890 (hereinafter referred to as the principal Act), in promoting in accordance with section two of this Act the construction of houses of such type and size as is specified in this section and completed before the first day of October, nineteen hundred and twenty-five;
(b ) where the local authority satisfy the Minister that the needs of their area can more appropriately be met by the provision of such houses wholly or partly by the authority themselves, towards any expenses incurred by the authority in making such provision.
A contribution under this section shall be the sum of six pounds for each house in respect of which the contribution is made, payable annually for a period of twenty years, except that, where the amount of the expenses incurred by a local authority under paragraph (a ) in respect of any house is less than the value of six pounds per annum for twenty years, such reduction shall be made in the amount of the annual sum payable, or in the number of years for which it is to be payable, or in both, as may be necessary in order to reduce the value of the contribution in respect of that house to the amount of the expenses so incurred.
(2) The houses in respect of which contributions may be given under this section shall be either—
(a ) a two-storied house with a minimum of six hundred and twenty and a maximum of nine hundred and fifty superficial feet; or
(b ) a structurally separate and self-contained flat or a one-storied house with a minimum of five hundred and fifty and a maximum of eight hundred and eighty superficial feet;
such measurements being calculated in accordance with rules made by the Minister:
Provided that, if the local authority in any particular case satisfy the Minister that, having regard to special circumstances existing in their area, there is a need for houses of smaller dimensions, the minimum measurement may be reduced, as respects such limited number of houses for that area and subject to such conditions as the Minister may determine, in the case of a two-storied house to five hundred and seventy, and in the case of a flat or a one-storied house to five hundred, superficial feet.
Except where otherwise approved by the Minister on the recommendation of the local authority, every house or flat to which this section applies shall be provided with a fixed bath.
(3) The Minister may, with the approval of the Treasury, make or undertake to make contributions out of moneys provided by Parliament towards the expenses incurred by a local authority in carrying out a re-housing scheme in connection with a scheme made under Part I. or Part II. of the principal Act (including the acquisition, clearance, and development of land included in the last-mentioned scheme, and whether the re-housing will be effected on the area included in that scheme or elsewhere), of such amounts, for such periods, and subject to such conditions as, with the approval of the Treasury and after consultation with the local authority, the Minister may determine, so, however, that the annual contributions in respect of ally such re-housing scheme shall not exceed one-half of the estimated average annual loss likely to be incurred by the local authority in carrying out the scheme.
(4) Where within fifteen months before the passing of this Act a local authority have submitted to the Minister proposals for assisting persons or bodies of persons undertaking to construct houses, or for the provision of houses by the local authority themselves, or where after the twenty-fifth day of April, nineteen hundred and twenty-three, and before the passing of this Act, a society, body of trustees or company to which section three of this Act applies have submitted proposals for the provision of houses, and such proposals have been approved by the Minister otherwise than for the purposes of section seven or section nineteen of the Housing, Town Planning, &;c. Act, 1919 , contributions may be made of the like amount as if the assistance had been given or the houses provided after the passing of this Act, and notwithstanding that the houses do not comply in every respect with the conditions imposed by or under this section.
(5) References in this section to local authorities shall in any case—
(a ) where the powers of a local authority have been transferred to a county council; or
(b ) where a county council, or any such board or body as is mentioned in subsection (3) of section eight of the Housing, Town Planning, &c. Act, 1919, exercise the powers conferred by that section of providing houses for persons in their employment or paid by them or by a statutory committee,
include such county council, board, or body.
(6) The expression ‘local authority’ shall, for the purposes of paragraph (b ) of subsection (1) of this section, include a metropolitan borough council, and the London County Council may, in the case of any house provided by a metropolitan borough council, supplement the contribution made by the Minister in respect of such house under this section to an extent not exceeding the sum of three pounds payable annually for a period not exceeding twenty years.
2 Power of local authorities to promote the building ofhouses by means of grants, &c.
(1) Local authorities for the purposes of Part III. of the principal Act, may, in accordance with proposals submitted by them to the Minister and approved by him, promote the building of houses, whether within or without their areas, by giving or undertaking to give assistance in respect thereof in manner hereinafter provided.
(2) Before approving proposals under this section the Minister shall be satisfied—
(a ) that the houses in respect of which assistance is proposed to be given are of the type and size specified in section one of this Act;
(b ) that the need for such houses cannot be met without assistance under this Act.
(3) Assistance under this section may be given in any of the following ways; that is to say, the local authority may—
(a ) make or undertake to make grants by way of lump sum payments after the completion of the houses;
(b ) undertake to pay to the person by whom the rates on any house are payable such annual sum as may be specified in the proposals for a period not exceeding twenty years;
(c ) undertake to provide, during such period as may be specified in the proposals, any part of the periodical sums payable to a building society incorporated under the Building Societies Acts, 1874 to 1894, or other body or person, by way of interest on or repayment of advances made for the purpose of building a house or purchasing a house the construction of which was begun after the twenty-fifth day of April, nineteen hundred and twenty-three.
(4) Assistance given by a local authority under this section in respect of a house may be made subject to such conditions as the local authority may with the approval of the Minister impose, including a condition that during such period as may be specified by the local authority the house shall not be used otherwise than as a separate dwelling-house and no addition thereto or enlargement thereof shall be made without the consent of the local authority.
(5) A local authority may, before undertaking to give assistance under this section in respect of any house, require security to be given that the house will be completed before the said first day of October, and that the other conditions subject to which the assistance is given will be observed.
(6) The raising of money for making grants under this section shall be a purpose for which a local authority may borrow under Part III. of the principal Act, and shall be a purpose for which the Public Works Loan Commissioners may lend money to a local authority.
(7) In the application of this section to the county of London the London County Council shall, to the exclusion of any other local authority, be the local authority for the purposes of Part III. of the principal Act, and for the purpose of securing the proper exercise of their powers under this section they shall have the power to require a district surveyor under the London Building Act, 1894 , to perform within his district such duties as they think necessary for that purpose, and they may pay to him such remuneration as they may determine in respect of any duties performed by him in pursuance of this section.
(8) This section shall be deemed to have had effect as from the twenty-sixth day of April, nineteen hundred and twenty-three.
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