Article 4 Interests qualifying for protection

Northern Ireland

(1)

An interest in land qualifies for protection under this Order if, on the date of service of a blight notice in respect thereof, the interest—

(a)

is that of a resident owner-occupier; or

(b)

is that of an owner-occupier—

(i)

in an agricultural unit or part thereof; or

F1(ii)

in a hereditament if either of the following sub-paragraphs applies—

(aa)

the net annual value of the land does not exceed £19,685; or

(bb)

the capital value of the hereditament does not exceed £2,100,000.

F2(1A)

The Department may by Order substitute a different limit for any limit specified in paragraph (1)(aa) or (bb).

(2)

In this Order “resident owner-occupier” in relation to a hereditament means an individual who—

(a)

occupies, in right of an owner's interest, the whole or a substantial part of the hereditament as a private dwelling and has so occupied the hereditament or that part during the whole of the period of six months ending with the date of service of a blight notice; or

(b)

occupied, in right of an owner's interest, the whole or a substantial part of the hereditament as a private dwelling during the whole of a period of six months ending not more than one year before the date of service of a blight notice, the hereditament, or that part thereof, as the case may be, having been unoccupied since the end of that period.

(3)

In this Order “owner-occupier” in relation to an agricultural unit means a person who—

(a)

occupies the whole of that unit, and has occupied it during the whole of the period of six months ending with the date of service of a blight notice; or

(b)

occupied the whole of that unit during the whole of a period of six months ending not more than one year before the date of service of a blight notice,

and, at all times material for the purposes of sub-paragraph (a) or, as the case may be, sub-paragraph (b), has been entitled to an owner's interest in the whole or part of that unit.

(4)

In this Order “owner-occupier” in relation to a hereditament means a person who—

(a)

occupies, in right of an owner's interest, the whole or a substantial part of the hereditament and has so occupied the hereditament or that part during the whole of the period of six months ending with the date of service of a blight notice; or

(b)

occupied, in right of an owner's interest, the whole or a substantial part of the hereditament during the whole of a period of six months ending not more than one year before the date of service of a blight notice, the hereditament or that part thereof, as the case may be, having been unoccupied since the end of that period.

(5)

In this Article “owner's interest” means a freehold interest (whether legal or equitable) or aF3 legal tenancy granted or extended for a term of years of which, on the date of service, not less than three years remain unexpired.

Annotations

Textual amendments

F1: Art. 4(1)(b)(ii)(1A) substituted (1.4.2007) for art. 4(1)(b)(ii) by Rates (Consequential Provisions) Order (Northern Ireland) 2007 (S.R. 2007/192), art. 2(1), Sch. 1 para. 5(b)
F2: Art. 4(1)(b)(ii)(1A) substituted (1.4.2007) for art. 4(1)(b)(ii) by Rates (Consequential Provisions) Order (Northern Ireland) 2007 (S.R. 2007/192), art. 2(1), Sch. 1 para. 5(b)
F3: 1982 NI 20