Section 5 Meaning of “residential unit”I1

England and Wales

(1)

This section sets out the meaning of “residential unit” for the purposes of this Act.

(2)

A residential unit is—

(a)

a dwelling;

(b)

a house in multiple occupation (but see subsection (3));

(c)

a unit of living accommodation that is not, and is not contained in, a dwelling or house in multiple occupation.

(3)

Where a house in multiple occupation that meets the converted building test in section 254 of the 2004 Act contains—

(a)

one or more self-contained flats (within the meaning given by that section), and

(b)

one or more other units of living accommodation,

each self-contained flat is a separate residential unit and the other living accommodation is one residential unit.

(4)

In this section—

(a)

“house in multiple occupation” has the meaning given by sections 254 to 259 of the 2004 Act, as those sections have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act), but does not include a converted block of flats to which section 257 of that Act applies;

(b)

references to a house in multiple occupation include unoccupied HMO accommodation (within the meaning given by section 1(5) of the 2004 Act).

(5)

The Welsh Ministers may by regulations make further provision for the purposes of this section.

(6)

The regulations may in particular—

(a)

provide that the meaning of residential unit does not include a building, or part of a building, of a description specified in the regulations (whether by reference to how it is used or intended to be used, or any other matter);

(b)

make provision about the meaning of “unit of living accommodation”;

(c)

make provision about how residential units are to be counted (which may include provision that in circumstances specified in the regulations—

(i)

a given number of dwellings, houses in multiple occupation or units of living accommodation is to be counted as a different number of residential units;

(ii)

subsection (3) is to apply subject to exceptions or modifications).

(7)

Before making regulations under subsection (5), the Welsh Ministers must consult—

(a)

each building safety authority,

(b)

each fire safety authority, and

(c)

such other persons as they consider appropriate.

(8)

In this section—

“the 2004 Act” (“Deddf 2004”) means the Housing Act 2004 (c. 34);
“dwelling” (“annedd”) means a building, or part of a building, that is occupied as a separate dwelling or intended to be occupied as a separate dwelling.

Annotations

Commencement

I1: S. 5 in force at 28.4.2026, see s. 138(1)(a)