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The Housing Act 2004 (Commencement No. 9) (England and Wales) Order 2007

S.I. 2007/2471 · Made 17 August 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 17th August 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 three bedrooms
  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. 9) (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 10th September 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 three bedrooms

(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 three bedrooms;

and

(b)

a residential property which—

(i)

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

(ii)

is expected to have three bedrooms 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 three bedrooms if the manner in which the property is marketed indicates that it has or is expected to have three bedrooms;

(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

Kay Andrews

Parliamentary Under Secretary of State

Department for Communities and Local Government

17th August 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 10th September 2007. These provisions relate to home information packs. They are being brought into force in relation to residential properties with three bedrooms, other than properties to which regulation 17C (which imposes minimum energy performance requirements) of the Building Regulations 2000 applies. Part 5 of the Housing Act 2004 already applies in relation to properties with four bedrooms or more by virtue of the Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007 (S.I. 2007/1668).

Once in force, the provisions will apply to a residential property with three bedrooms unless it is excepted under Part 6 of the Home Information Pack (No.2) Regulations 2007.