Regulation 7 Exception from regulations 5 (1) and 6: small dwellingsI1
Northern Ireland
Where the conditions mentioned in paragraph (2) are satisfied —
regulation 5(1) does not apply to the provision by a person of accommodation in any premises;
regulation 6(1) does not apply to the disposal by a person of any premises;
regulation 6(4) does not apply to the withholding of any consent or licence.
The conditions are that —
the relevant occupier resides, and intends to continue to reside, on the premises;
the relevant occupier shares accommodation on the premises with persons who reside on the premises and are not members of his household;
the shared accommodation is not storage accommodation or a means of access; and
the premises are small premises.
For the purpose of this regulation, premises are “small premises” if they fall within paragraph (4) or (5).
Premises fall within this paragraph if —
only the relevant occupier and members of his household reside in the accommodation occupied by him;
the premises comprise, in addition to the accommodation occupied by the relevant occupier, residential accommodation for at least one household;
the residential accommodation for each other household is let, or available for letting, on a separate tenancy or similar agreement; and
there are not normally more than two such households.
Premises fall within this paragraph if there is not normally residential accommodation on the premises for more than 6 persons in addition to the relevant occupier and any members of his household.
For the purpose of this regulation “the relevant occupier” means —
in a case falling within regulation 5(1), the person providing the accommodation or a near relative of his;
in a case falling within regulation 6(1), the person with the power to dispose of the premises, or a near relative of his;
in a case falling within regulation 6(4) the person whose licence or consent is required for the disposal of the premises, or a near relative of his.
For the purposes of this regulation “near relative” means a person’s spouse, civil partner, parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood or by affinity).