12[F1(1)In section 207 (definitions)—
(a)for the definition beginning “house” there shall be substituted—
“ “dwelling-house” and “flat” shall be construed in accordance with subsection (2) and “the building”, in relation to a flat, means the building containing the flat”;
(b)in the definition of “person having control” for the words “in relation to premises” there shall be substituted “subject to section 191(3A),—
(a)in relation to a dwelling-house”;
(c)at the end of that definition there shall be added “and
(b)in relation to a part of a building to which relates a repair notice served under subsection (1A) of section 189 or section 190, means a person who is an owner in relation to that part of the building (or the building as a whole) and who, in the opinion of the authority by whom the notice is served, ought to execute the works specified in the notice”; and
(d)after the definition of “person having control” there shall be inserted—
“ “premises” includes a dwelling-house or part of a building and, in relation to any premises, any reference to a person having control shall be construed accordingly”.
(2)At the end of that section there shall be inserted the following subsection—
“(2)For the purposes of this Part a “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.”]
Textual Amendments
F1Sch. 15 para. 12 repealed (6.4.2006 for E and otherwise prosp.) by Housing Act (c. 34), ss. 266,270, {Sch. 16}; S.I. 2006/1060, art. 2(1)(e)(ix) (with Sch.)