Certificate to fitness of properties

Licence summary

Under the Private Tenancies (Northern Ireland) Order 2006 (Article 33), we carry out inspections to check whether properties are fit to live in.

Eligibility Criteria

This means landlords who own certain types of properties must apply to us for a Certificate of Fitness. Tenants can also apply for a fitness inspection in the same way, using the same form.

We will then inspect your property and decide whether to issue you with a Certificate of Fitness or a Notice of Refusal.

Regulation Summary

Private Tenancies (Northern Ireland) Order 2006

Application Evaluation Process

Note 3 of the Private Tenancies (Northern Ireland) Order 2006 (Article 33) explains which dwelling houses do not need a fitness inspection.

You do not need a Certificate of Fitness for your house if:

the tenancy began before the Private Tenancies (Northern Ireland) Order 2006 came into force

was built after 1 January 1945 (we will assume that your property was built in or before 1945, unless you tell us otherwise in your application form or you can provide us with documented evidence, showing that it was built after this date)

a renovation grant for the house has been paid by the Northern Ireland Housing Executive (this only applies for a period of ten years from the date of the grant)

an HMO grant has been paid by the Northern Ireland Housing Executive (this only applies for a period of ten years from the date of the grant)

it is currently registered with the Northern Ireland Housing Executive for multiple occupancy

it was formerly let under a protected or statutory tenancy where a regulated rent certificate has been issued. This only applies for a period of ten years from the date of the certificate.

If your property meets any of these criteria, you do not need to apply for a fitness inspection and you do not need to complete the application form.

If you submit an application, and we later discover that your property does not need a fitness inspection, your application fee will not be refunded.

Timescales and inspections

After you apply for a Certificate of Fitness, it can take up to one month for us to conduct an inspection of your property.

We carry out checks with the Northern Ireland Housing Executive, and we also have to write to the tenant to ask if they have any objections to the inspection.

The tenant must reply in writing and, if they don't reply, which is common, we must hold the application for 28 days before passing it to an inspection officer. We will then try to arrange access to the property by ringing the tenant, landlord or agent.

If your property is deemed fit, following the inspection, a Certificate of Fitness will be issued.

About your inspection

If your application is accepted, we will contact you to arrange an inspection. If your property is deemed fit, we will give you a Certificate of Fitness.

However, if your property is found to be unfit for people to live in, you will be given a Notice of Refusal. This outlines the type of work needed to make your property fit for people to live in.

Once the repairs are completed, you can reapply for another fitness inspection.

If your property fails our inspection, your rent may be controlled by a rent officer from the start date of your tenancy.

Application fee

It costs £50 to apply for a fitness inspection. This fee is non-refundable.

The fee for a re-application for a fitness inspection is £100. Please make all cheques payable to Magherafelt District Council.

Returning your application form

Your application must be returned within 28 days of the start date of a new tenancy. It is an offence not to return your application within this period.

For further information on our website click here

Will Tacit Consent Apply?

No. It is in the public interest that the dwelling must be inspected in order to determine whether the house is fit for human habitation. A certificate of fitness can not be issued without having assessed the property against the fitness standards.

If you have not heard from the Council within a reasonable period, please contact us. You can do this online here if you applied through the UK Welcomes service or telephone the Environmental Health Department on 028 79397979, or email env.health@magherafelt.gov.uk

Apply online

Application to Conduct an Inspection for Fitness

Forms to Download, print and post

Application to Conduct an Inspection for Fitness form

This form also includes guidance notes to help you with your application.

Contact Details

Telephone: 028 79397979

Fax: 028 79397980

E-mail: env.health@magherafelt.gov.uk

Environmental Health Department
Magherafelt District Council

50 Ballyronan Road

Magherafelt

BT45 6EN

Public register

No Information held

Failed Application Redress

You are advised to take up any issue with Magherafelt District Council first.

Other Redress

Any complaints in relation to fitness of properties should be made directly to the Environmental Health Department.

Trade Associations

None

Useful links

Rent Officers website at: www.rentofficer-ni.gov.uk

Housing Rights website at: www.housingrights.org.uk