Clause 28

This section applies only to and in relation to any part of a housing estate that is not comprised in any flat and that —

is in a housing estate in respect of which a temporary occupation permit is issued on or after the date of commencement of section 28 of the Town Councils (Amendment) Act 2017; or

is excluded (whether before, on or after the date of commencement of section 28 of the Town Councils (Amendment) Act 2017) under the definition of “common property” in section 2(1) from being regarded as common property —

for a period;

because of the use or description of the part of the housing estate;

because of the status or description of the owner of the part of the housing estate; or

subject to any other condition (whether a condition precedent or a condition subsequent).(2) Subject to subsections (4) and (5), the Board may —

issue a handover notice in respect of any part of a housing estate of the Board that is not comprised in any flat and is within the area of a Town; and

give that handover notice to the Town Council whose Town area includes that housing estate.(3) The Town Council to whom a handover notice is given under this section in respect of any part of a housing estate of the Board assumes in relation to that part, with effect from the date specified in the handover notice, the functions of this Act relating to common property within its Town.(4) A handover notice may be issued only as follows:

for a part of a housing estate mentioned in subsection (1)(a), after a temporary occupation permit is issued in respect of that part of the housing estate;

for a part of a housing estate mentioned in subsection (1)(b), after whichever the following first happens:

when the specified period for the exclusion described in subsection (1)(b)(i) ends;

when there is a change in the use or description of the part of the housing estate as to render the part no longer within any use or description in any exclusion described in subsection (1)(b)(ii);

when there is a change to the status or description of the owner of the part of the housing estate as to render the owner not having any status or meeting any description in any exclusion described in subsection (1)(b)(iii);

when the condition (whether a condition precedent or a condition subsequent) subject to which the exclusion described in subsection (1)(b)(iv) is granted is first breached.(5) Every handover notice issued under this section is irrevocable.(6) In this section, “temporary occupation permit”, for a building or part of a building in a housing estate, means —

a temporary occupation permit granted under the Building Control Act (Cap. 29) for the building or part of the building; or

a certificate of statutory completion granted under that Act for that building or part of that building where no temporary occupation permit is so granted.”.