C1PART X OVERCROWDING
Definition of overcrowding
326 The space standard.
1
The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the number and floor area of the rooms of the dwelling available as sleeping accommodation.
2
For this purpose—
a
no account shall be taken of a child under the age of one and a child aged one or over but under ten shall be reckoned as one-half of a unit, and
b
a room is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom.
3
The permitted number of persons in relation to a dwelling is whichever is the less of—
a
the number specified in Table I in relation to the number of rooms in the dwelling available as sleeping accommodation, and
b
the aggregate for all such rooms in the dwelling of the numbers specified in column 2 of Table II in relation to each room of the floor area specified in column 1
No account shall be taken for the purposes of either Table of a room having a floor area of less than 50 square feet.
Number of rooms | Number of persons |
|---|---|
1 | 2 |
2 | 3 |
3 | 5 |
4 | 7½ |
5 or more | 2 for each room |
Floor area of room | Number of persons |
|---|---|
110 sq. ft. or more | 2 |
90 sq. ft. or more but less than 110 sq.ft. | 1½ |
70 sq. ft. or more but less than 90 sq. ft. | 1 |
50 sq. ft. or more but less than 70 sq. ft. | ½ |
4
The Secretary of State may by regulations prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation, or the bringing into computation at a reduced figure, of floor space in a part of the room which is of less than a specified height not exceeding eight feet.
5
Regulations under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6
A certificate of the local housing authority stating the number and floor areas of the rooms in a dwelling, and that the floor areas have been ascertained in the prescribed manner, is prima facie evidence for the purposes of legal proceedings of the facts stated in it.
Pt. X (ss. 324–344): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(4)