Regulation 11 “Communal space for residents”

(1)

“Communal space for residents” means an area of a residential building, other than an excluded area, which is—

(a)

wholly or mainly for the benefit of the occupants of relevant residential units, or

(b)

wholly or mainly for the benefit of both—

(i)

the occupants of relevant residential units, and

(ii)

the occupants of other units.

(2)

In paragraph (1)—

(a)

“relevant residential units” means—

(i)

ordinary residential dwellings, and

(ii)

bedspaces in purpose-built student accommodation;

(b)

“other units” means—

(i)

dwellings that are not ordinary residential dwellings, and

(ii)

other areas of a building that are designed for occupation but are neither dwellings nor bedspaces in purpose-built student accommodation.

(3)

The following are “excluded areas” for the purposes of paragraph (1)—

(a)

an ordinary residential dwelling;

(b)

an area that consists of purpose-built student accommodation;

(c)

an area that is designed to be used wholly or mainly by the general public.

(4)

Where building work to which a building control application relates is part of a wider development, in determining whether an area referred to in paragraph (1) is wholly or mainly for the benefit of the occupants of relevant residential units or, as the case may be, of other units, regard is to be had to all such units in all of the buildings across the wider development.