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The Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007

S.I. 2007/1668 · Made 8 June 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Housing, England and wales

Made 8th June 2007

The Secretary of State, in exercise of the powers conferred by section 270(6) and (8) of the Housing Act 2004f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2004 c.34. The power conferred by section 270(6) is exercisable by the Secretary of State as respects both England and Wales.

Contents

  1. 1Citation and application
  2. 2Commencement
  3. 3Application of Part 5 of the Housing Act 2004 to residential properties with four bedrooms or more
  4. 4Interpretation of article 3(2)
  5. Signature
  6. Explanatory note

1Citation and application

(1)

This Order may be cited as the Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007.

(2)

This Order applies in relation to England and Wales.

2Commencement

In so far as it is not already in forcef1, Part 5 of (and Schedule 8 to) the Housing Act 2004 shall come into force on 1st August 2007 in relation to the types of property described in article 3(1) and to the extent specified in article 3(2).

3Application of Part 5 of the Housing Act 2004 to residential properties with four bedrooms or more

(1)

The types of property referred to in article 2 are—

(a)

a residential property which—

(i)

is physically complete at the first point of marketing; and

(ii)

has four bedrooms or more;

and

(b)

a residential property which—

(i)

is not physically complete at the first point of marketing; and

(ii)

is expected to have four bedrooms or more once physically complete,

other than a property to the construction of which Regulation 17C of the Building Regulations 2000f1 applies.

(2)

The duties under sections 155 to 159 of the Housing Act 2004 shall apply subject to the Home Information Pack (No.2) Regulations 2007f2.

4Interpretation of article 3(2)

In article 3—

(a)

a residential property shall be regarded as having or expected to have four bedrooms or more if the manner in which the property is marketed indicates that it has or is expected to have four bedrooms or more;

(b)

“first point of marketing” shall be construed in accordance with regulation 3 of the Home Information Pack (No.2) Regulations 2007; and

(c)

“physically complete” shall be construed in accordance with regulation 2(3) of the Home Information Pack (No.2) Regulations 2007.

Signature

Signed by authority of the Secretary of State

for Communities and Local Government

Kay Andrews

Parliamentary under Secretary of State

Department for Communities and Local Government

8th June 2007

Explanatory note

(This note is not part of the Order)

This Order brings Part 5 of (and Schedule 8 to) the Housing Act 2004 into force in England and Wales on 1st August 2007. These provisions relate to home information packs. They are being brought into force only in relation to residential properties with four bedrooms or more, other than properties to which regulation 17C of the Building Regulations 2000 (which imposes minimum energy performance requirements) applies. Once in force, the provisions will apply to a residential property unless it is excepted under Part 6 of the Home Information Pack (No.2) Regulations 2007.