Section 72 Premises to which Chapter appliesI1

(1)

This Chapter applies to premises if—

(a)

they consist of a self-contained building or part of a building, with or without appurtenant property,

(b)

they contain two or more flats held by qualifying tenants, and

(c)

the total number of flats held by such tenants is not less than two-thirds of the total number of flats contained in the premises.

(2)

A building is a self-contained building if it is structurally detached.

(3)

A part of a building is a self-contained part of the building if—

(a)

it constitutes a vertical division of the building,

(b)

the structure of the building is such that it could be redeveloped independently of the rest of the building, and

(c)

subsection (4) applies in relation to it.

(4)

This subsection applies in relation to a part of a building if the relevant services provided for occupiers of it—

(a)

are provided independently of the relevant services provided for occupiers of the rest of the building, or

(b)

could be so provided without involving the carrying out of works likely to result in a significant interruption in the provision of any relevant services for occupiers of the rest of the building.

(5)

Relevant services are services provided by means of pipes, cables or other fixed installations.

(6)

Schedule 6 (premises excepted from this Chapter) has effect.

Annotations

Commencement

I1: S. 72 wholly in force at 30.3.2004; s. 72 not in force at Royal Assent see s. 181(1); s. 72 wholly in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); s. 72 wholly in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)

Notes on Chapter 1

Modifications

C1: Pt. 2 Ch. 1: power to amend conferred (20.1.2007 for specified purposes, otherwise 1.10.2009) by Companies Act 2006 (c. 46), ss. 1181(1)(b), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 5, 6, 8, Schs. 1, 5); S.I. 2008/2860, art. 3(v) (with arts. 5, 7, 8, Sch. 2)