1(1)This Chapter does not apply to premises falling within section 72(1) if the internal floor area—
(a)of any non-residential part, or
(b)(where there is more than one such part) of those parts (taken together),
exceeds 25 per cent. of the internal floor area of the premises (taken as a whole).
(2)A part of premises is a non-residential part if it is neither—
(a)occupied, or intended to be occupied, for residential purposes, nor
(b)comprised in any common parts of the premises.
(3)Where in the case of any such premises any part of the premises (such as, for example, a garage, parking space or storage area) is used, or intended for use, in conjunction with a particular dwelling contained in the premises (and accordingly is not comprised in any common parts of the premises), it shall be taken to be occupied, or intended to be occupied, for residential purposes.
(4)For the purpose of determining the internal floor area of a building or of any part of a building, the floor or floors of the building or part shall be taken to extend (without interruption) throughout the whole of the interior of the building or part, except that the area of any common parts of the building or part shall be disregarded.
Commencement Information
I1Sch. 6 wholly in force at 30.3.2004; Sch. 6 not in force at Royal Assent see s. 181(1); Sch. 6 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); Sch. 6 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)