THE HOUSING ACT, 1925 The various acts passed since 1890 giving powers for dealing with housing problems were consolidated in the Housing Act of 1925. This act is divided into five parts dealing with the various divisions of the subject.
The act is a long one containing 137 sections, and it is only possible here to give a brief summary.
The local authorities are authorized to require owners to make and keep dwellings in all respects reasonably fit for human habita tion, except where the house is in such condition that without reconstruction it is incapable of being made fit. In such cases the owner has an option to close the house, in which case a closing order by the local authority is deemed to have been made. If a notice for repair is not complied with, the local authorities have an option to do the work and recover expenses from the owner. Where a closing order is deemed to be operative the Ministry of Health may authorize a local authority to acquire the house on terms similar to those on which slum property is acquired under Part II. schemes, that is, practically at cleared site value.
In regard to houses occupied by more than one family, that is houses let in tenements, local authorities are authorized to make byelaws to regulate the number of occupants and other matters. A duty is put upon local authorities to inspect their district, and to ascertain whether any dwelling houses are unfit for human habitation, and to keep such records as the Ministry of Health may require. On a representation by the medical officer of health or other officer that a house is unfit for human habitation, the local authority are empowered to make a closing order prohibiting the use of the dwelling for human habitation until rendered fit. If the house is made fit for habitation the closing order is deter mined. When a closing order remains operative for three months, it is the duty of the local authority to consider the question of demolition. If there appears to be no prospect of the house being made fit, the local authority may order its demolition. If the order is confirmed the owner must take down and remove the house within three months; failing this, the local authority must do so; and may recoup itself by the sale of materials or recover from the owner the excess cost. Where the owner has executed the required works, the local authority are empowered by an order to charge upon the house an annuity to repay the amount ex pended in repairs.
This part of the act also forbids back to back houses, and the use of cellars for sleeping rooms, except under certain conditions; and empowers local authorities to make regulations prescribing these conditions. Power is given to secure the removal of obstruc tive buildings, even if not themselves unfit for habitation, if they render adjacent dwellings unfit or incapable of being made fit. When an order for this purpose is confirmed the local authorities are authorized to purchase the land from the owner. Compensa tion in this case is paid for the land and building, and is settled if necessary by arbitration.
Should a local authority fail to exercise their powers, and com plaint of default is made by the county council, parish council or four electors, the Minister may hold a public local inquiry, and if the default is established the Minister may direct the local authority to act ; if they again fail to do so, he may with their consent instruct the county council to carry out the works, and in certain cases the Minister may enforce his order on the local authorities by mandamus. Provision is also made enabling county councils to take action in the areas of the lesser authorities on proper representation. Part I. concludes with various provisions protecting ground landlords and others interested in the property and defining the local authorities upon whom the various duties fall.
Part IL (Sections 35-56) Improvement Schemes.—Where an official representation is made to a local authority, other than a rural district council, respecting any area in the district, either "(a) that any houses, courts or alleys within the area are unfit for human habitation, or (b) that the narrowness, closeness and bad arrangement or the bad condition of the streets and houses or groups of houses within the area, or the want of light, air ventilation or proper conveniences or any other sanitary defects, or one or more of such causes are dangerous or injurious to the health of the inhabitants either of the buildings in the area or neighbouring buildings," and that the most satisfactory method of dealing with the faults is by means of an improvement scheme, if the local authority are satisfied that this is the case, and of the sufficiency of their resources, it is their duty to pass a resolution to the effect that the area is an unhealthy area, and that an im provement scheme ought to be made for it, and they shall forth with proceed to make a scheme for the purpose. (Several areas may be included in one scheme.) The official representation is made to the local authority by their medical officer of health.
Reconstruction Schemes.—The reconstruction scheme differs from the improvement scheme mainly in being concerned with smaller areas and with the rearrangement of buildings and their sites only, and not with more extensive rearrangements involving streets and alleys. They are to be made in the following cases : (a) Where a demolition order has been made and the local authority consider it would be beneficial to the health of the habitants of the neighbouring houses if the area, of which such buildings forms part, were I. adopted as a highway or open space, or 2. appropriated, sold, or let for the erection of houses for the working classes, or 3. exchanged with other neighbouring land for such purposes.
(b) Where it appears to the local authority that the closeness, narrowness and bad arrangement or bad condition of any building, or the want of light or ventilation is prejudicial to the health of the inhabitants either of the said building or of the neighbouring buildings. and that the most satisfactory method of dealing with the faults is by a reconstruction scheme ; in either of the above cases, it is the duty of the local authority to pass a resolution to this effect, and direct such reconstruction scheme to be prepared.
The Act itself should be consulted for the provisions as to ap peals, the making, if necessary amending, and confirming of im provement schemes; also as regards compensation; broadly speak ing, the principle is that for the unhealthy area proper, the corn pensation to be paid is the value of the land as a site cleared of buildings and available for development according to the local byelaws. Where, however, the scheme provides for the rehousing of the working classes on the land, or part of it, or requires that the land, or part of it, shall be laid out as an open space, the compensation is reduced to the extent that these limitations on the user of the land diminish its value. As regards the land in cluded only for the purpose of making the scheme efficient, and not on account of its sanitary condition, ordinary compensation for land and buildings under the provisions of the Acquisition of Land Act of 1919 is to be paid.
Urban local authorities may go outside the boundaries of their areas for the purpose of building dwellings or exercising the like powers. The duty is put upon the local authority to consider the needs of their area, and as often as the occasion arises, or within three months of notice given by the Minister of Health, to pre pare a scheme showing the number and the nature of houses to be provided. When approved with or without modification the scheme becomes binding on the local authority. It is interesting to note that under Section 6o (3) the local authority in prepar ing a scheme and the Minister in approving it, are directed to take into account and so far as possible, to preserve, existing erections of architectural, historic or artistic interest, and to have regard to the natural amenities of the locality; and under certain circum stances the Minister is empowered to direct that an architect nominated by the Royal Institute of British Architects shall be appointed to secure these ends.
Power is given under which the local authority may acquire land by agreement, and may be authorized by the Minister of Health to purchase compulsorily, for the purpose of carrying out the objects of the Housing Act. Provision is made for empower ing the local authority to make byelaws for the management, use and regulating of their houses.
In addition to building themselves, local authorities are author ized to promote or assist public utility societies to provide hous ing accommodation.