Levelling-up and Regeneration Act 2023

193 Vacancy condition

(1) For the purposes of this Part, the “vacancy condition” is satisfied in relation to premises on a given day if—

(a) the premises are unoccupied on that day, and

(b) either—

(i) the premises were unoccupied for the whole of the period of one year ending with the previous day, or

(ii) during the period of two years ending with the previous day, the premises were unoccupied on at least 366 days.

(2) For the purposes of subsection (1), premises are occupied on a day during which they begin or cease to be occupied.

(3) Days before the day on which this section comes into force are to count for the purposes of subsection (1)(b).

(4) Occupation by a person living in premises that are not designed or adapted for residential use is not to count as occupation for the purposes of this section.

(5) Regulations may amend this section so as to alter the circumstances in which the “vacancy condition” is satisfied in relation to premises.

(6) Those circumstances must relate to the time during which premises are or have been unoccupied.

(7) A state of affairs does not amount to the occupation of premises for the purposes of this section unless it involves the use of the premises for activity that—

(a) is substantial,

(b) is sustained, and

(c) involves the regular presence of people at the premises.