The Housing (Fire Safety in Houses in Multiple Occupation) Order 1997

Description of Houses—Exercise of Powers

4.—(1) The houses specified for the purposes of section 365(2) of the Housing Act 1985 are those which:

(a) comprise at least three storeys; and

(b) are not described in paragraph (2) below.

(2) The houses referred to in the foregoing paragraph (1)(b) are:

(a) any house or part of a house described in article 3(2);

(b) any house in which the local housing authority has an interest, whether freehold or leasehold;

(c) any house subject to a control order made under section 379 of the Housing Act 1985;

(d) any house occupied by persons who form only two households;

(e) any house occupied by no more than four persons;

(f) any house occupied by no more than three persons in addition to a responsible person and any other member of his household;

(g) any house where the living accommodation consists entirely of self-contained flats and either:

(i) at least one third of the flats are either—

(a) let on leases of more than 21 years and wholly occupied by the lessees and their households; or

(b) wholly occupied by any freeholder of the house and his household; or

(ii) when the flats were created—

(aa) the building was required to comply with the requirements relevant to fire safety contained in the Building Regulations 1985(1) or regulations made subsequently under section 1(1) of the Building Act 1984(2),

(bb) a building notice had been given to, or full plans deposited with, a local authority, or an initial notice or a public body’s notice had been given in accordance with sections 47(1) and 54(1) respectively of the Building Act 1984, and

(cc) the building work in respect of the creation of the flats was carried out in accordance with any such notice or plans, whether with or without any departure from them; and

(h) any house of which a responsible person is a social landlord registered in accordance with Part I of the Housing Act 1996(3);

(1)

S.I. 1985/1065.

(2)

1984 c. 55.

(3)

1996 c. 52.