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.