Section 13 Meaning of “common parts”I1

England and Wales

(1)

This section sets out the meaning of “common parts” in relation to a regulated building for the purposes of this Act.

(2)

“Common parts” means—

(a)

the structure and exterior of the building except—

(i)

any part of the structure and exterior included in a demise of a residential unit (including a part of the building that would be a residential unit but for regulations made under section 5(6)(a));

(ii)

the structure and exterior of any part of the building to be occupied for the purposes of a business or undertaking (whether for profit or not);

(b)

any other part of the buildin‍g that—

(i)

is not a part of the structure and exterior of the building, and

(ii)

is provided for the use, benefit or enjoyment of the residents of more than one residential unit (whether or not it may be used, benefited from or enjoyed by other persons).

(3)

The Welsh Ministers may by regulations provide that, in specified circumstances, a part of the structure and exterior of a building forms part of the common parts of the building despite falling within subsection (2)(a)(i).

(4)

In this section, the “structure and exterior” of a building includes—

(a)

foundations, external walls, cladding and roof,

(b)

internal walls (whether load bearing or not), floors and ceilings,

(c)

staircases, walkways and lift shafts,

(d)

windows, doors and balconies, and

(e)

any other thing specified in regulations made by the Welsh Ministers.

Annotations

Commencement

I1: S. 13 in force at 28.4.2026, see s. 138(1)(b)