Part 7Supplementary and final provisions

Meaning of “house in multiple occupation”

257HMOs: certain converted blocks of flats

(1)

For the purposes of this section a “converted block of flats” means a building or part of a building which—

(a)

has been converted into, and

(b)

consists of,

self-contained flats.

(2)

This section applies to a converted block of flats if—

(a)

building work undertaken in connection with the conversion did not comply with the appropriate building standards and still does not comply with them; and

(b)

less than two-thirds of the self-contained flats are owner-occupied.

(3)

In subsection (2) “appropriate building standards” means—

(a)

in the case of a converted block of flats—

(i)

on which building work was completed before 1st June 1992 or which is dealt with by regulation 20 of the Building Regulations 1991 (S.I. 1991/2768), and

(ii)

which would not have been exempt under those Regulations,

building standards equivalent to those imposed, in relation to a building or part of a building to which those Regulations applied, by those Regulations as they had effect on 1st June 1992; and

(b)

in the case of any other converted block of flats, the requirements imposed at the time in relation to it by regulations under section 1 of the Building Act 1984 (c. 55).

(4)

For the purposes of subsection (2) a flat is “owner-occupied” if it is occupied—

(a)

by a person who has a lease of the flat which has been granted for a term of more than 21 years,

(b)

by a person who has the freehold estate in the converted block of flats, or

(c)

by a member of the household of a person within paragraph (a) or (b).

(5)

The fact that this section applies to a converted block of flats (with the result that it is a house in multiple occupation under section 254(1)(e)), does not affect the status of any flat in the block as a house in multiple occupation.

(6)

In this section “self-contained flat” has the same meaning as in section 254.