Regulation 7 Buildings to which the Regulations apply

(1)

Subject to paragraph (2), the classes of buildings in respect of which a duty or power is to arise under these Regulations are—

(a)

dwellings; and

(b)

other buildings used for residential purposes,

which will not be more than 300 metres from the nearest point of the nearest running rail or, if the relevant system has no running rail, the nearest point of the nearest apparatus corresponding thereto, of the initial, additional or altered works, as the case may be, and the expression “eligible building” in these Regulations means a building falling within either of those classes.

(2)

The following shall not be eligible buildings—

(a)

any building in respect of which a compulsory purchase order is in force, or in respect of which a compulsory purchase order has been submitted for confirmation to, or prepared in draft by, a Minister of the Crown and in respect of which a notice has been published under section 11 of the Acquisition of Land Act 1981^f1 or, as the case may be, paragraph 2 of Schedule 1 to that Act or under any corresponding enactment applicable thereto, unless the order has been withdrawn or a decision has been taken not to confirm or make the order, as the case may be;

(b)

any building liable to be acquired compulsorily under any local or private Act of Parliament or under an order, rule, regulation, byelaw or scheme made under an Act of Parliament;

(c)

any building which is subject to—

(i)

a demolition order under Part IX of the Housing Act 1985^f2;

(ii)

a closing order under Part IX of that Act;

(iii)

a closing order under section 368(4) of that Act; or

(iv)

an undertaking accepted under section 368(2) of that Act;

(d)

any building within an area declared to be a clearance area by a resolution under section 289 of the Housing Act 1985^f3;

(e)

any building which was first occupied as a dwelling or otherwise for residential purposes after the relevant date;

(f)

any part of a building in respect of which part of a grant has been paid or is payable in respect of the carrying out of insulation work under any enactment other than the Act or any instrument made under any such enactment; and

(g)

any part of a building in respect of which part a grant has been paid or is payable in respect of the carrying out of insulation work under the Noise Insulation Regulations 1975^f4 in relation to noise caused, or expected to be caused, by the movement of vehicles on a relevant system operating within the boundaries of a highway.

Annotations

Footnotes

f1: 1981 c. 67.
f2: 1985 c. 68; Part IX was amended by the Housing Act 1988 (c. 9), Schedule 17, Part I, paragraph 47, and the Local Government and Housing Act 1989 (c. 42), Schedule 9, Part II, paragraphs 14 to 24, and was amended and repealed in other respects not relevant to these Regulations.
f3: Subsections (2) and (3) of section 289 were amended by the Local Govewrnment and Housing Act 1989, Schedule 9, Part II, paragraph 25, and subsection (6) was repealed by that Act, Schedule 12, Part II..
f4: S.I. 1975/1763 (1975 III, p. 6697), amended by S.I. 1988/2000 (1988 III, p. 5265).