Statutory Instruments
2007 No. 3308 (C. 137)
Housing, England and wales
The Housing Act 2004 (Commencement No. 10) (England and Wales) Order 2007
Made
23rd November 2007
The Secretary of State, in exercise of the powers conferred by section 270(6) and (8) of the Housing Act 2004( 1 ), makes the following Order:
Citation and application
1. —(1) This Order may be cited as the Housing Act 2004 (Commencement No. 10) (England and Wales) Order 2007.
(2) This Order applies in relation to England and Wales.
Commencement
2. In so far as it is not already in force( 2 ), Part 5 of (and Schedule 8 to) the Housing Act 2004 shall come into force on 14th December 2007 in relation to the types of property described in article 3(1), and to the extent specified in article 3(2).
Application of Part 5 of the Housing Act 2004 to residential properties with fewer than three bedrooms
3. —(1) The types of property referred to in article 2 are—
(a) a residential property which—
(i) is physically complete at the first point of marketing; and
(ii) has fewer than three bedrooms;
and
(b) a residential property which—
(i) is not physically complete at the first point of marketing; and
(ii) is expected to have fewer than three bedrooms once physically complete,
other than a property to the construction of which regulation 17C of the Building Regulations 2000( 3 ) applies.
(2) The duties under sections 155 to 159 of the Housing Act 2004 shall apply subject to the Home Information Pack (No.2) Regulations 2007( 4 ).
Interpretation of article 3
4. In article 3—
(a) a residential property shall be regarded as having or expected to have fewer than three bedrooms if the manner in which the property is marketed indicates that it has or is expected to have fewer than three bedrooms (or none);
(b) “first point of marketing” shall be construed in accordance with regulation 3 of the Home Information Pack (No.2) Regulations 2007 ; and
(c) “physically complete” shall be construed in accordance with regulation 2(3) of the Home Information Pack (No.2) Regulations 2007 .
Yvette Cooper
Minister of State
Department for Communities and Local Government
23rd November 2007
2004 c.34 . The power conferred by section 270(6) is exercisable by the Secretary of State as respects both England and Wales.
Under section 270(2) of the Housing Act 2004, sections 161 to 164, 176 and any other provision conferring powers to make an order or regulations, came into force on the day the Act was passed. Part 5 of (and Schedule 8 to) the Housing Act 2004 were brought into force with application to properties having four bedrooms or more by the Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007 ( S.I. 2007/1668 , C.66) and with application to properties having three bedrooms by the Housing Act 2004 (Commencement No. 9) (England and Wales) Order 2007 ( S.I. 2007/2471 , C.90).
S.I. 2000/2531 . Regulation 17C was inserted by S.I. 2006/652 .