Article 76 Condition for repayment on disposal: renovation grants

(1)

It is a condition of a renovation grant that if an owner of the premises to which the application relates makes a relevant disposal (other than an exempt disposal)—

(a)

of the whole or part of the premises to which the application relates,

(b)

after any instalment of grant has been paid, and

(c)

before the certified date,

he shall repay to the Executive on demand the amount of grant that has been paid.

(2)

It is a condition of a renovation grant that if an owner of the dwelling to which the application relates or, in the case of a conversion application, any dwelling provided by the relevant works, makes a relevant disposal (other than an exempt disposal)—

(a)

of the whole or part of the dwelling,

(b)

on or after the certified date, and

(c)

before the end of the grant condition period,

he shall repay to the Executive on demand the amount of grant that has been paid.

In the case of a conversion application the grant shall be treated for this purpose as apportioned equally between the dwellings provided.

(3)

A condition under this Article shall be a statutory charge and binding on any person who is for the time being an owner of the premises concerned and any amount of grant which is repayable under paragraph (1) or (2) shall, until recovered, be deemed to be a charge on the premises.

(4)

Where the Executive has the right to demand repayment of an amount mentioned in paragraph (1) or (2), it may determine not to demand payment or to demand a lesser amount.

(5)

Any condition under this Article shall cease to be in force with respect to any premises if there is a relevant disposal of the premises that is an exempt disposal, other than—

(a)

a disposal within Article 85(1)(a) (disposal to associates of person making disposal), or

(b)

a disposal within Article 85(1)(b) (vesting under will or on intestacy).