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Housing renewal assistance policy 2026 - 2030: 1. Introduction 18. Legislation

The legislation which enables the council to offer housing assistance is set out in the Regulatory Reform (Housing Assistance) (England & Wales) Order 2002. It allows the council to adopt a flexible approach to giving financial help reflecting local circumstances, needs and resources.

The legislation for offering Disabled Facilities Grants is set out by the Housing Grants, Construction and Regeneration Act 1996. The Act places a statutory duty on the council to provide grant aid to people who meet the criteria for assistance with adaptations to their homes.

The Local Government Act 2000 which provides the council with a wide ranging power to promote the ‘environmental, economic and social well-being of its communities’. This power enables the council to support sustainable development, incur expenditure and give financial assistance for things such as renewable energy. This power will be used to provide assistance for relevant grant and loan schemes within this policy.

The Housing Act 2004 made some important changes to the legislation for private sector housing, including:

  1. introducing the Housing, Health and Safety Rating System (HHSRS) as the main approach to assessing housing conditions. It includes a mandatory duty to take action where a category 1 hazard is found,
  2. the compulsory licensing of higher risk houses in multiple occupation (HMOs),
  3. new discretionary powers including the option for Additional Licensing of other HMOs, selective licensing of private landlords, empty dwelling management orders and tenancy deposit protection.

Although most of these changes do not directly affect the way that financial assistance is offered, it is important that private sector housing services are offered in a consistent manner. The Housing Enforcement Policy sets out how the council combines the offering of financial assistance with statutory enforcement procedures

The council will not normally provide grant assistance to remedy a hazard as this is the duty of the landlord.