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Explanatory note

England and Wales

(This note is not part of the Regulations)

These Regulations apply to houses in multiple occupation (“HMOs”) in England but do not apply to converted blocks of flats to which section 257 of the Act applies. These are buildings that have been converted into and consist of self-contained flats where the building work undertaken in connection with the conversion did not comply with the appropriate building standards and still does not comply with them, and less than two-thirds of the self-contained flats are owner-occupied.

The Regulations impose duties on a person managing an HMO in respect of—

  • providing information to occupiers (regulation 3);

  • taking safety measures, including fire safety measures (regulation 4);

  • maintaining the water supply and drainage (regulation 5);

  • supplying and maintaining gas and electricity, including having it regularly inspected (regulation 6);

  • maintaining common parts (defined in regulation 7(6)), fixtures, fittings and appliances (regulation 7);

  • maintaining living accommodation (regulation 8); and

  • providing waste disposal facilities (regulation 9).

Regulation 10 imposes duties on occupiers of an HMO for the purpose of ensuring that the person managing it can effectively carry out the duties imposed on him by these Regulations.

A person who fails to comply with these Regulations commits an offence under section 234(3) of the Housing Act 2004, punishable on summary conviction with a fine not exceeding level 5 on the standard scale.

A full regulatory impact assessment of the effect that this Order will have on the costs of business is available from the Licensing Branch, the Office of the Deputy Prime Minister 2/G9 Eland House, Bressenden Place, London, SW1E 5DU (telephone 0207 944 3149, e-mail [email protected]).