housing (standards) regulations 2017

Housing (Standards) Regulations 2017 Index

c SD No.0122/2017

c HOUSING (STANDARDS) REGULATIONS 2017

Index Regulation Page

PART 1 – INTRODUCTION 3

1 Title ................................................................................................................................... 3

2 Commencement .............................................................................................................. 3

3 Interpretation ................................................................................................................... 3

PART 2 — MAXIMUM PERMITTED OCCUPANCY LEVELS,

MINIMUM STANDARDS AND MINIMUM SPACE STANDARDS 4

4 Maximum permitted occupancy levels ....................................................................... 4

5 Minimum standards for premises ................................................................................ 4

6 Minimum space standards for premises ..................................................................... 5

PART 3 — STANDARDS OF REPAIR ETC. 5

7 Repairs, decorations etc. ................................................................................................ 5

8 Outbuildings, yards etc. in common use ..................................................................... 6

9 Installations in common use .......................................................................................... 6

PART 4 — GENERAL DUTIES 7

10 General safety .................................................................................................................. 7

11 Duty to display notices .................................................................................................. 7

PART 5 — GENERAL 8

12 Offences ............................................................................................................................ 8

13 Revocation ....................................................................................................................... 8

SCHEDULE 1 9

MINIMUM SIZES AND MULTIPLE OCCUPANCY 9

SCHEDULE 2 11

MINIMUM STANDARDS FOR PREMISES 11

Index Housing (Standards) Regulations 2017

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Housing (Standards) Regulations 2017 Regulation 1

c SD No.0122/2017

Statutory Document No. 0122/2017

c Housing (Miscellaneous Provisions) Act 2011

HOUSING (STANDARDS) REGULATIONS 2017

Approved by Tynwald: 25 April 2017

Coming into Operation: 1 May 2017

The Department of Environment, Food and Agriculture makes the following

Regulations under section 11 of, and Schedule 1 to, the Housing (Miscellaneous

Provisions) Act 2011.

PART 1 – INTRODUCTION

1 Title

These Regulations are the Housing (Standards) Regulations 2017.

2 Commencement

If approved by Tynwald, these Regulations come into operation on 1 May 2017.

3 Interpretation

(1) In these Regulations unless the context otherwise requires —

“the Act” means the Housing (Miscellaneous Provisions) Act 2011;

“the Department” means the Department of Environment, Food and

Agriculture;

“flat” means a separate set of domestic premises, whether or not on the same

floor —

(a) forming part of a building; and

(b) either the whole or the material part of which lies above or below

some other part of the building;

“house in multiple occupation” is to be construed in accordance with the

Housing (Definition of House or Flat in Multiple Occupation) Order

20131;

1 SD 0377/13

Regulation 4 Housing (Standards) Regulations 2017

SD No.0122/2017 c

“habitable room” means a room used or intended to be used as living

accommodation, but does not include a room used or intended to be

used exclusively as a kitchen or bathroom;

“local authority” in relation to a flat or house in multiple occupation, means the

local authority in whose district those premises are located;

“net floor area”, in relation to premises or any room within those premises,

means the internal floor area of the premises or any room within those

premises, including all rooms, passages, staircases, chimney breasts and

flues exclusive to the premises but excluding balconies, external fire

escapes and garages and any passages, vestibules and stores used in

common, and where any room has a sloping ceiling, no part of the room

with a ceiling height of less than 1.5 metres shall be included in the net

floor area;

“occupant” means a tenant or lodger and any other person living in a flat or

house in multiple occupation;

“premises” means either a flat or house in multiple occupation;

“registered flat or house in multiple occupation” means premises registered

under the Housing (Registration) Regulations 20132;

“registration authority” in relation to a flat or house in multiple occupation

means the local authority in whose district the flat or house in multiple

occupation is located;

“staircase” includes any landing.

(2) Any other terms used in these Regulations have the same meaning as in

the Housing (Registration) Regulations 2013.

PART 2 — MAXIMUM PERMITTED OCCUPANCY LEVELS,

MINIMUM STANDARDS AND MINIMUM SPACE

STANDARDS

4 Maximum permitted occupancy levels

(1) Schedule 1 specifies minimum space standards and maximum

occupancy levels in premises.

(2) No person must occupy, or permit to be occupied any premises so that

the number of persons occupying those premises is greater than the

maximum number of persons permitted.

5 Minimum standards for premises

(1) Schedule 2 specifies the minimum standards for premises.

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(2) Where the minimum standards specified in Schedule 2 are not provided

within the premises, the registration authority may by notice in writing

(‘standards enforcement notice’) require the owner of the premises to

carry out such works as may be required to remedy the contravention

and are specified in the notice to be carried out within such reasonable

period as may be so specified, being not less than 21 days from the date

of service of the notice.

(3) A person commits an offence if the person fails —

(a) to maintain premises to the standards required by Schedule 2; or

(b) to comply with a standards enforcement notice.

(4) A person guilty of an offence under paragraph (3) is liable on summary

conviction to a fine not exceeding £20,000.

6 Minimum space standards for premises

(1) No more than two persons must share a bedroom and unrelated persons

must not be required to share a bedroom.

(2) For the purposes of paragraph (1) disregard any child under the age of

one sharing a room with a person with whom the child is residing.

(3) If a child is sharing a room with a person with whom the child is

residing, increase the floor area stipulated in Schedule 1 by 1.5m2.

(4) There must be a minimum of one bathroom for every six occupants,

located no more than two floors away from each bedroom.

(5) There must be provided a suitably located kitchen and lounge for the use

of all of the occupants, no more than two floors away from each

bedroom.

PART 3 — STANDARDS OF REPAIR ETC.

7 Repairs, decorations etc.

(1) The owner of the premises must maintain the building of which the

premises form part in a good state of repair.

(2) Where the building is not maintained in a good state of repair, the

registration authority may by notice in writing (‘repair enforcement

notice’) require the owner of the premises to carry out such works as

may be required to remedy the contravention and are specified in the

notice to be carried out within such reasonable period as may be so

specified, being not less than 21 days from the date of service of the

notice.

(3) A person commits an offence if the person fails —

(a) to maintain premises to the standards required by Schedule 2; or


SD No.0122/2017 c

(b) to comply with a repair enforcement notice.

(4) A person guilty of an offence under paragraph (3) is liable on summary

conviction to a fine not exceeding £20,000.

8 Outbuildings, yards etc. in common use

(1) The owner must ensure that —

(a) every outbuilding, yard, area and forecourt, which belongs to the

premises and is in common use, is maintained in a clean, safe and

wholesome condition, and that any garden in common use

belonging to the premises is kept tidy;

(b) such parts of the premises in common use including entrance

doors, porches and steps are kept free from obstruction; and

(c) boundary walls, fences and railings (including basement area

railings), in so far as they belong to the flat or house in multiple

occupation, are kept and maintained in good repair.

(2) If any part of the premises is subject to a closing order under section 7 of

the Housing Act 1955, or not in use, the owner must ensure that such part,

including any passage and staircase directly giving access to it, is kept

reasonably clean and free from refuse and litter.

9 Installations in common use

(1) The owner must ensure that the following installations in common use,

or which serve any part of the premises in common use, are in and are

maintained in repair, a clean condition and good order (including, where

appropriate, proper working order) —

(a) installations for the supply of electricity, gas and oil for lighting

and for space heating or heating water;

(b) sanitary conveniences, baths, sinks, washbasins and installations

for cooking or storing food;

(c) receptacles or other installations provided in connection with the

delivery to the premises of postal packets.

(2) The owner must ensure that installations for lighting serving any part of

the premises in common use are readily available for use by occupants.

(3) The owner must arrange for electrical, gas and oil installations and

appliances to be regularly inspected as follows —

(a) electrical installations protected by miniature circuit breakers and

residual current circuit breakers must be inspected every 10 years,

or more frequently as set down by relevant industry guidelines,

by a competent person;

(b) gas installations and appliances must be inspected annually in

accordance with the Gas Safety (Installations and Use) Regulations


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19943 as applied to the Isle of Man by the Gas Safety (Application)

Order 19964;

(c) oil installations must be inspected in accordance with the Code of

Practice5 issued by the Oil Firing Technical Association for the

Petroleum Industry.

In paragraph (a) “competent person” means a person who is a member

of the Competent Persons Scheme for the purposes of Part P of the Isle of

Man Building Regulations.

(4) The owner must keep records of these periodic inspections, and any

works carried out for a minimum of five years, and have copies of these

records and any certificates available for inspection by any occupant or

the registration authority upon request.

PART 4 — GENERAL DUTIES

10 General safety

(1) The owner must ensure that such precautions are taken as are reasonably

required, having regard to the design of and structural conditions in

premises and to the number of occupants, to protect those occupants

from injury as a result of those conditions.

(2) In particular, the owner must (without limiting paragraph (1)) ensure as

respects any roof or balcony, which is not in all respects safe, either that

reasonable measures are taken to prevent access to it, or that it is made

safe, and that such safeguards as may be necessary are provided against

the danger of accidents resulting from the presence on staircases of

windows the sills of which are at or near floor level.

(3) The owner must also maintain the premises in accordance with any

applicable provisions of the Fire Precautions Act 1975 and any secondary

legislation made under that Act.

11 Duty to display notices

(1) The owner must cause to be displayed in a suitable position in the

property so as to be readily visible to the occupants —

(a) a notice containing the name and address and the emergency

telephone number of the person, or of each person, who is the

owner or agent acting on behalf of the owner of the flat or house

in multiple occupancy; and

3 S.I. 1994/1886 which was amended by the Gas Safety ((Installation and Use) (Amendment)

Regulations 1996 (S.I. 1996/550) 4 SD 326/96 5 OCP/2:200


SD No.0122/2017 c

(b) certificates of registration and public liability insurance

certificates.

(2) The owner must take all reasonable steps to ensure that the notice under

paragraph (1)(a) remains so displayed with any necessary amendments.

PART 5 — GENERAL

12 Offences

Any person (‘P’) who —

(a) contravenes or fails to comply with, the requirements of these

Regulations, or fails, without reasonable excuse, to discharge a

duty imposed on P by these Regulations;

commits an offence and is liable on summary conviction to a fine not exceeding

£20,000.

13 Revocation

The Housing (Standards) Regulations 20136 are revoked.

MADE 20TH MARCH 2017

G BOOT

Minister for Environment, Food and Agriculture

6 0378/13

Housing (Standards) Regulations 2017 SCHEDULE 1

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SCHEDULE 1

MINIMUM SIZES AND MULTIPLE OCCUPANCY

[Regulation 4(1)]

PART 1

MINIMUM ROOM SIZES AND MAXIMUM OCCUPANCY FOR HOUSES IN

MULTIPLE OCCUPATION

Number of occupants Minimum size Bedrooms

1 person 8.5m2

2 persons 10.5m2*

*Subject to regulation 5(2) where a child is occupying the room with its parent,

guardian or person with whom the child is residing applies

Kitchen Communal room

(including lounge or

dining room)

Used by no more than 6

persons

7m2 11m2**

For each additional person

above 6

+ 0.5m2 + 1.5m2

**Communal rooms which contain a kitchen must be a minimum of 18m2

PART 2

MINIMUM SIZES AND MAXIMUM OCCUPANCY FOR FLATS

Net floor area (A)

Permanent

Net floor area (A)

Tourist

Maximum

Occupants

< 30m2 < 17m2 0

31m2 - 45m2

18m2 - 25m2

1 person

46m2 - 57m2

26m2 - 33m2

2 persons

58m2 - 70m2

34m2 - 41m2

3 persons

71m2 - 79m2

42m2 - 49m2

4 persons

Housing (Standards) Regulations 2017

SD No.0122/2017 c

80m2 - 87m2

50m2 - 56m2 5 persons

>87m2 >56m2 6 persons

Housing (Standards) Regulations 2017

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SCHEDULE 2

MINIMUM STANDARDS FOR PREMISES

[Regulation 5(1)]

1 Requirement to be self-contained

In the case of premises which are flats they must be so designed, arranged and

equipped as to be self-contained, save that a common entrance may be provided

to a block of flats.

2 General condition of premises

Premises must be structurally sound, in a good state of repair and free from

dampness.

3 Light, ventilation and insulation

(1) Every habitable room must be provided with sufficient direct natural

light, adequate ventilation and thermal insulation.

(2) There must be sufficient means of artificial lighting to all accessible areas

of the building.

(3) Every kitchen must be provided with adequate light and ventilation.

(4) Every bathroom and every room containing a water closet must be

provided with adequate light and ventilation.

4 Requirements for premises to contain certain provisions

Premises must contain —

(a) a suitably located integral bathroom containing an adequate and suitably

located bath or shower provided with adequate supplies of hot and cold

water and properly connected to the drainage system; or

(b) a suitably located integral shower compartment provided with adequate

supplies of hot and cold water or water at a suitably controllable

temperature, and properly connected to the drainage system.

5 Water closets

Premises must be provided with a suitably located water closet within the

curtilage of the premises, properly connected to the drainage system.

SCHEDULE 2 Housing (Standards) Regulations 2017

SD No.0122/2017 c

6 Wash hand basin

Premises must be provided with a wash hand basin, suitably located, provided

with adequate supplies of hot and cold water and properly connected to the

drainage system.

7 Adequate cooking and washing facilities

(1) Any flat which is registered as a tourist flat, must be provided with

adequate and suitably located cooking and washing facilities including a

sink incorporating an impervious drainage surface and provided with

adequate supplies of hot and cold water and properly connected to the

drainage system.

(2) In the case of premises which are registered for permanent occupation

those premises must be provided with —

(a) adequate washing facilities including a sink incorporating an

impervious drainage surface and provided with adequate

supplies of hot and cold water and properly connected to the

drainage system;

(b) plumbing for a washing machine;

(c) except where a cooker is installed which is fuelled by either solid

fuel or a reservoir of oil or gas situated outside the premises, a

mains electric or mains gas connection for a cooker.

8 Storage of waste

(1) Premises must be provided with readily accessible and reasonably

suitable receptacles for the storage of refuse.

(2) Adequate provision must be made for the storage of such receptacles and

for the disposal of refuse to the satisfaction of the local authority.

9 Food storage

Premises must be provided with adequate and suitably located food storage

facilities.

10 Washing and drying of clothes

Facilities for the washing and drying of clothes must be made available for the

exclusive use of the occupants of, in the case of flats, each individual flat and

premises.

11 Heating

Premises must be provided with adequate means of heating every habitable

room and every kitchen (such heating to be controllable and programmable).

Housing (Standards) Regulations 2017 SCHEDULE 2

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12 Sound proofing.

(1) In the case of flats, a wall which separates a flat from another flat or the

common parts of the building must resist the transmission of airborne

sound to a level set by Building Regulations at the time of construction of

the premises or conversion of building to proposed use.

(2) A floor or stair which separates a flat from another flat or the common

parts of the building must resist the transmission of airborne and impact

sound, to a level set by Building Regulations at the time of building of

the premises or conversion of the building to propose use (material

change of use).

13 Additional storage facilities

Reasonable storage facilities for such items as baby carriages and bicycles must

be provided.

14 Provisions of stop taps

Stop taps must be provided on the service pipes to enable gas and water

supplies to be turned off independently to each flat, with the exception of the

water supply to a sprinkler system for the purpose of fire fighting for premises

containing flats or houses in multiple occupation.

Explanatory Note Housing (Standards) Regulations 2017

SD No.0122/2017 c

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set down the standards which are to be met in respect of flats or

houses in multiple occupation.

Regulations 1 to 3 (Part 1) set out the title, commencement and interpretation for the

Regulations.

Regulations 4 to 6 (Part 2) and Schedules 1 and 2 stipulate the maximum permitted

occupancy levels, minimum standards and minimum space standards for flats or

houses in multiple occupation. Regulation 5 enables a registration authority to issue a

notice where any requirement of these Regulations is contravened with a view to

carrying out such notified works to correct the contravention within a specified time

period. Regulation 5 also stipulates that a person guilty of an offence under the

Regulations is liable on summary conviction to a fine not exceeding £20,000.

Regulations 7 to 9 (Part 3) and Schedule 2 concern the standards of repair for flats and

houses in multiple occupation. There is a requirement for premises to be maintained in

a good state of repair. This includes outbuildings and yards in common use in addition

to installations in common use such as gas, oil and electricity supplies used for

lighting, space heating or heating of water. Regulation 7 enables a registration authority

to issue a notice where any requirement of these Regulations is contravened with a

view to carrying out such notified works to correct the contravention within a specified

time period. Regulation 7 also stipulates that a person guilty of an offence under the

Regulations is liable on summary conviction to a fine not exceeding £20,000.

Regulations 10 and 11 (Part 4) require an owner of a flat or house in multiple occupation

to take reasonable precautions for the general safety of its occupants. Regulation 11

requires the owner to display a notice citing contact details for the owner or agent of

the owner should an emergency arise, along with the relevant fire, registration and

public liability insurance certificates for the property.

Regulation 12 (Part 5) concerns offences under the Regulations and stipulates that a fine

not exceeding £20,000 may be imposed.

Regulation 13 details the legislation to be revoked by these Regulations.

Schedule 1 (Part 1) details the minimum room sizes and maximum occupancy for

houses in multiple occupation. Schedule 1 (Part 2) details the minimum sizes and

maximum occupancy for flats.

Schedule 2 lists the minimum standards for flats or houses in multiple occupation.

housing (standards) regulations 2017

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