Housing Act 2004

SCHEDULE 14 Buildings which are not HMOs for purposes of this Act (excluding Part 1)

Section 254 Introduction: buildings (or parts) which are not HMOs for purposes of this Act (excludingPart 1) 1 (1) The following paragraphs list buildings which are not houses in multiple occupation for any purposes of this Act other than those of Part 1. (2) In this Schedule “building” includes a part of a building. Buildings controlled or managed by public sector bodies etc. 2 (1) A building where the person managing or having control of it is— (a) a local housing authority, (aa) a non-profit registered provider of social housing, (b) a body which is registered as a social landlord under Part 1 of the Housing Act 1996 (c. 52), (c) a police and crime commissioner, (d) the Mayor's Office for Policing and Crime, (e) a fire and rescue authority, or (f) a health service body within the meaning of section 9 of the National Health Service Act 2006. (2) In sub-paragraph (1)(e) “ fire and rescue authority ” means a fire and rescue authority under the Fire and Rescue Services Act 2004 (c. 21). 2A. A building— (a) which is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and (b) where the person managing or having control of it is a profit-making registered provider of social housing. Buildings controlled or managed by a co-operative society 2B (1) A building where— (a) the person managing or having control of it is a co-operative society whose rules are such as to secure that each of the conditions set out in sub-paragraph (2) is met, and (b) no person who occupies premises in the building does so by virtue of an assured tenancy, a secure tenancy or a protected tenancy. (2) The conditions are— (a) that membership of the society is restricted to persons who are occupiers or prospective occupiers of buildings managed or controlled by the society, (b) that all management decisions of the society are made by the members (or a specified quorum of members) at a general meeting which all members are entitled to, and invited to, attend, (c) that each member has equal voting rights at such a meeting, and (d) that, if a person occupies premises in the building and is not a member, that person is an occupier of the premises only as a result of sharing occupation of them with a member at the member's invitation. (3) For the purposes of sub-paragraph (1) “co-operative society” means a body that— (a) is registered as a co-operative society under the 2014 Act or is a pre-commencement society (within the meaning of that Act) that meets the condition in section 2(2)(a)(i) of that Act, and (b) is neither— (i) a non-profit registered provider of social housing, nor (ii) registered as a social landlord under Part 1 of the Housing Act 1996. (4) In this paragraph— “the 2014 Act” means the Co-operative and Community Benefit Societies Act 2014; “assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988; “protected tenancy” has the same meaning as in the Rent Act 1977; “secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985. Buildings regulated otherwise than under this Act 3 Any building whose occupation is regulated otherwise than by or under this Act and which is of a description specified for the purposes of this paragraph in regulations made by the appropriate national authority. Buildings occupied by students: England 3A (1) Any building in England— (a) which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at a specified educational establishment, or at an educational establishment of a specified description, and where the person managing or having control of it is the educational establishment in question, or (b) which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at an educational establishment and where the person managing or having control of it is a specified person or a person of a specified description. (2) In— (a) sub-paragraph (1)(a) “specified” means specified for the purposes of that sub-paragraph in regulations made by the Secretary of State; (b) sub-paragraph (1)(b) “specified” means specified for the purposes of that sub-paragraph in regulations made by the Secretary of State; and the regulations may (in particular) provide that an educational establishment is specified, or of a specified description, for the purposes of sub-paragraph (1)(b). (3) Those regulations may, in particular, specify— (a) as a description of educational establishment for the purposes of sub-paragraph (1)(a), or (b) as a description of person for the purposes of sub-paragraph (1)(b), the members from time to time, or a description of the members from time to time, of a housing management code of practice which is specified in the regulations. (4) The Secretary of State may by regulations— (a) specify a class of building, and (b) provide that a building— (i) does not fall within this paragraph if it is of the specified class, or (ii) falls within this paragraph only if it is of the specified class. (5) The Secretary of State may by regulations— (a) specify a building manager or a class of building manager, (b) specify a class of building in relation to the specified building manager or the specified class of building manager, and (c) provide that a building which the specified building manager, or a building manager of the specified class, manages or has control of— (i) does not fall within this paragraph if the building is of the specified class, or (ii) falls within this paragraph only if the building is of the specified class. (6) Regulations under sub-paragraph (4)(a) or (5)(b) may, in particular, specify as a class of building— (a) the buildings, or (b) a class of the buildings, from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (4)(a) or (5)(b). (7) Regulations under sub-paragraph (5)(a) may, in particular, specify as a class of building manager— (a) the members, or (b) a class of the members, from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (5)(a). (8) For the purposes of this paragraph— (a) “building manager” means an educational establishment or other person managing or having control of a building; (b) “housing management code of practice” means a code of practice approved by the Secretary of State under section 233 (codes relating to the management of HMOs or excepted accommodation); (c) a building is “subject to” a housing management code of practice if it— (i) is a particular building subject to the code, or (ii) is of a class of buildings subject to the code; (d) a reference to— (i) a class of the buildings from time to time subject to a housing management code of practice, or (ii) a class of the members from time to time of a housing management code of practice, includes the buildings or members that are from time to time in a class provided for in the code of practice. Buildings occupied by students : Wales 4 (1) Any building in Wales— (a) which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at a specified educational establishment or at an educational establishment of a specified description, and (b) where the person managing or having control of it is the educational establishment in question or a specified person or a person of a specified description. (2) In sub-paragraph (1) “ specified ” means specified for the purposes of this paragraph in regulations made by the Welsh Ministers. (3) Sub-paragraph (4) applies in connection with any decision by the Welsh Ministers as to whether to make, or revoke, any regulations specifying— (a) a particular educational establishment, or (b) a particular description of educational establishments. (4) The Welsh Ministers may have regard to the extent to which, in their opinion— (a) the management by or on behalf of the establishment in question of any building or buildings occupied for connected educational purposes is in conformity with any code of practice for the time being approved under section 233 which appears to the Welsh Ministers to be relevant, or (b) the management of such buildings by or on behalf of establishments of the description in question is in general in conformity with any such code of practice, as the case may be. (5) In sub-paragraph (4) “ occupied for connected educational purposes ”, in relation to a building managed by or on behalf of an educational establishment, means occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at the establishment. Buildings occupied by religious communities 5 (1) Any building which is occupied principally for the purposes of a religious community whose principal occupation is prayer, contemplation, education or the relief of suffering. (2) This paragraph does not apply in the case of a converted block of flats to which section 257 applies. Buildings occupied by owners 6 (1) Any building which is occupied only by persons within the following paragraphs— (a) one or more persons who have, whether in the whole or any part of it, either the freehold estate or a leasehold interest granted for a term of more than 21 years; (b) any member of the household of such a person or persons; (c) no more than such number of other persons as is specified for the purposes of this paragraph in regulations made by the appropriate national authority. (2) This paragraph does not apply in the case of a converted block of flats to which section 257 applies, except for the purpose of determining the status of any flat in the block. Buildings occupied by two persons 7 Any building which is occupied only by two persons who form two households.