Housing (Standards) Regulations 2013€¦ · 2 Commencement ... MINIMUM SIZES AND MAXIMUM OCCUPANCY FOR FLATS 9 SCHEDULE 2 10 MINIMUM STANDARDS FOR PREMISES 10. Housing (Standards)

Housing (Standards) Regulations 2013 Index

c SD No.0378/13 Page 1

c HOUSING (STANDARDS) REGULATIONS 2013

Index Regulation Page

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

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

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

PART 2 4

MAXIMUM PERMITTED OCCUPANCY AND MINIMUM SPACE

STANDARDS 4

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

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

PART 3 5

STANDARDS OF REPAIR ETC. 5

6 Repairs, decorations etc. ................................................................................................ 5

7 Outbuildings, yards etc. in common use ..................................................................... 5

8 Installations in common use .......................................................................................... 5

PART 4 7

GENERAL DUTIES 7

9 General safety .................................................................................................................. 7

10 Duty to display notices .................................................................................................. 7

PART 5 7

OFFENCES AND LEGAL PROCEEDINGS 7

11 Notices to remedy defects ............................................................................................. 7

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

PART 6 8

TRANSITIONAL PROVISIONS 8

13 Transitional Provisions .................................................................................................. 8

Index Housing (Standards) Regulations 2013

Page 2 SD No.0378/13 c

SCHEDULE 1 9

MINIMUM SIZES AND MULTIPLE OCCUPANCY 9

PART 1 9

MINIMUM ROOM SIZES AND MAXIMUM OCCUPANCY FOR HOUSES IN

MULTIPLE OCCUPATION 9

PART 2 9

MINIMUM SIZES AND MAXIMUM OCCUPANCY FOR FLATS 9

SCHEDULE 2 10

MINIMUM STANDARDS FOR PREMISES 10

Housing (Standards) Regulations 2013 Regulation 1


Statutory Document No. 0378/13

c Housing (Miscellaneous Provisions) Act 2011

HOUSING (STANDARDS) REGULATIONS 2013

Approved by Tynwald:

Coming into Operation: 1 January 2014

The Department of Environment, Food and Agriculture makes the following

Regulations under section 12 of the Housing (Miscellaneous Provisions) Act 2011.

1 Title

These Regulations are the Housing (Standards) Regulations 2013.

2 Commencement

If approved by Tynwald, these Regulations come into operation on 1 January

2014.

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 as defined in the Housing (Definition of

House or Flat in Multiple Occupation) Order 20131;

“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;

1 SD 0377/13

Regulation 4 Housing (Standards) Regulations 2013


“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 terms used in these Regulations have the same meaning as in the

Housing (Registration) Regulations 2013.

PART 2

MAXIMUM PERMITTED OCCUPANCY 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 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 SD 0380/13



(2) In reckoning the number of persons sharing a bedroom disregard any

child under the age of one for the purposes of paragraph (1) sharing a

room with the child’s parent, guardian or person with whom the child is

residing.

(3) Where a child is sharing a room with its parent, guardian or person with

whom the child is residing, the floor area stipulated in Schedule 1 is to be

increased 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.

6 Repairs, decorations etc.

The owner of the premises must maintain the building of which the premises

form part in a good state of repair.

7 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.

8 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 where advised by the National Inspection

Council for Electrical Installation Consulting, by a competent

person ;

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

accordance with the Gas Safety (Installations and Use) Regulations

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.

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



PART 4

GENERAL DUTIES

9 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.

10 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

(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

OFFENCES AND LEGAL PROCEEDINGS

11 Notices to remedy defects

If it appears to a registration authority that, in relation to any registered

premises, a requirement of these regulations is being contravened, the

registration authority may by notice in writing require the owner of the

premises, being the person appearing to it to be responsible for the

contravention, 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.

12 Offences

Any person who —

(a) in connection with an application for the registration of any

premises under regulation 3(2), makes a false statement which

they know to be false in any material respect or which they do not

believe to be true, or

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

Regulations,

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

£5,000.

PART 6

TRANSITIONAL PROVISIONS

13 Transitional Provisions

Where a building is in use as a house in multiple occupation at the

commencement of these Regulations, the Regulations do not apply to that

building or any part of it until 1 January 2017.

MADE 7TH NOVEMBER 2013

PHIL GAWNE

Minister for Environment, Food and Agriculture

Housing (Standards) Regulations 2013 SCHEDULE 1


SCHEDULE 1

MINIMUM SIZES AND MULTIPLE OCCUPANCY

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)

6 persons 7m2 11m2**

Each additional person + 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

Permanent

Net floor area

Tourist

Maximum

Occupants

Less than 30m2 Less than 17m2 0

30m2 or more but

Less than 45m2

17m2 or more but

Less than 25m2

1 person

45m2 or more but

Less than 57m2

25m2 or more but

Less than 33m2

2 persons

57m2 or more but

Less than 70m2

33m2 or more but

Less than 41m2

3 persons

70m2 or more but

Less than 79m2

41m2 or more but

Less than 49m2

4 persons

79m2 or more but

Less than 87m2

49m2 or more but

Less than 56m2

5 persons

87m2 or more 56m2 or more 6 persons

SCHEDULE 2 Housing (Standards) Regulations 2013

Page 10 SD No.0378/13 c

SCHEDULE 2

MINIMUM STANDARDS FOR PREMISES

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.

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.

Housing (Standards) Regulations 2013 SCHEDULE 2

c SD No.0378/13 Page 11

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).

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.

SCHEDULE 2 Housing (Standards) Regulations 2013

Page 12 SD No.0378/13 c

(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 proposed 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.

Housing (Standards) Regulations 2013 Explanatory Note

c SD No.0378/13 Page 13

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 and 5 (Part 2) and Schedule 1 stipulate the maximum permitted

occupancy levels and minimum space standards for flats or houses in multiple

occupation.

Regulations 6, 7 and 8 (Part 3) 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.

Regulations 9 and 10 (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 10

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.

Regulations 11 and 12 enable 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

12 concerns offences under the Regulations and stipulates that a fine not exceeding

£5,000 may be imposed.

Regulation 13 provides for a period of three years from the commencement of the

Regulations in which a flat or house in multiple occupation has to meet the

requirements of the Regulations.

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

Documents

Housing (Standards) Regulations 2013€¦ · 2 Commencement ... MINIMUM SIZES AND MAXIMUM OCCUPANCY FOR FLATS 9 SCHEDULE 2 10 MINIMUM STANDARDS FOR PREMISES 10. Housing (Standards)