Statutory Instruments
2006 No. 371
HOUSING, ENGLAND
The Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006
Made
15th February 2006
Laid before Parliament
22nd February 2006
Coming into force
6th April 2006
The Secretary of State, in exercise of the powers conferred by section 55(3) of the Housing Act 2004( 1 ), makes the following Order:
Citation, commencement and application
1. —(1) This Order may be cited as The Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006 and shall come into force on 6th April 2006.
(2) This Order applies to any HMO( 2 ) in England, other than a converted block of flats to which section 257 of the Act applies.
Interpretation
2. In this Order—
(a) “the Act” means the Housing Act 2004; and
(b) “business premises” means premises, or any part of premises, which are not, or are not used in connection with, and as an integral part of, living accommodation.
Description of HMOs prescribed by the Secretary of State
3. —(1) An HMO is of a prescribed description for the purpose of section 55(2)(a) of the Act where it satisfies the conditions described in paragraph (2).
(2) The conditions referred to in paragraph (1) are that—
(a) the HMO or any part of it comprises three storeys or more;
(b) it is occupied by five or more persons; and
(c) it is occupied by persons living in two or more single households.
(3) The following storeys shall be taken into account when calculating whether the HMO or any part of it comprises three storeys or more—
(a) any basement if—
(i) it is used wholly or partly as living accommodation;
(ii) it has been constructed, converted or adapted for use wholly or partly as living accommodation;
(iii) it is being used in connection with, and as an integral part of, the HMO; or
(iv) it is the only or principal entry into the HMO from the street.
(b) any attic if—
(i) it is used wholly or partly as living accommodation;
(ii) it has been constructed, converted or adapted for use wholly or partly as living accommodation, or
(iii) it is being used in connection with, and as an integral part of, the HMO;
(c) where the living accommodation is situated in a part of a building above business premises, each storey comprising the business premises;
(d) where the living accommodation is situated in a part of a building below business premises, each storey comprising the business premises;
(e) any mezzanine floor not used solely as a means of access between two adjoining floors if—
(i) it is used wholly or mainly as living accommodation; or
(ii) it is being used in connection with, and as an integral part of, the HMO; and
(f) any other storey that is used wholly or partly as living accommodation or in connection with, and as an integral part of, the HMO.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
15th February 2006
2004 c. 34 . The powers conferred by section 55(3) of the Act are exercisable, as respects England, by the Secretary of State and, as respects Wales, by the National Assembly for Wales. See the definition of the appropriate national authority in section 261(1).
For the meaning of HMO see sections 77 and 254 to 259 of the Act.