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Posted By AHS
Article 31 (10)
Can someone translate what this means
(10) In this article, "premises" includes domestic premises other than premises consisting of or comprised in a house which is occupied as a single private dwelling and article 27 (powers of inspectors) shall be construed accordingly.
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Posted By Coshh Assessor
It means self-contained homes do not come under the Order, but "houses in multiple occupation" and the common parts of blocks of flats do.
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Posted By AHS
Thanks can you clarify what "houses in multiple occupation" means eg a household that has a lodger etc
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Posted By Paul Leadbetter
For a definition of HMOs, see sections 254 to 259 of the Housing Act 2004.
Paul
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Posted By Coshh Assessor
HMOs are typically houses let to more than one family, or to students. I'm not sure if a privately owned house with a lodger would count or not.
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Posted By Bob Youel
a private home with the owners living there [and being there!] as their permanent home with 1 official lodger who is not related to them e.g. brother, niece would not fall under the regs but if you have >1 lodger your circumstances will probably change so the Order would probably apply
Also speak to your insurers
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Posted By graeme12345
all common areas
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Posted By Messy Shaw
All very useful stuff, but the answers do not reflect the question posed:
Article 31 (prohibition notices) refers to the placing of notices which restrict the use of all or part of a building if the risk of fire is deemed to be so great (by the fire authority).
Article 31(10) - to which this question refers - means that whilst it is not possible to serve a prohibition notice on a house (which is a single dwelling), a prohibition notice is allowed to effect a flat (single dwelling)- as it may relate to the access (or common parts) to that flat or flats, and by default, it's MOE.
So this part of Article 31 divides the definition of single dwelling into:
Houses (Art31 does not apply) and
Flats (where it may apply)
The reference to Article 27 just means for the purposes of placing a prohibition notice, enforcing authority inspectors can enter - if necessary- private dwellings
I hope that makes sense
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Posted By Coshh Assessor
OK, but surely a house which is an HMO is not "occupied as a single private dwelling"?
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Posted By AHS
Frankly its not clear if you have a lodger who has a lock on the door then maybe your kitchen etc becomes a communal area. How about if you let out a single house to 3 students with no locks on their bedrooms but with three separate tenancy agreements.
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Posted By Peter F
it just means, blocks of flats, maisonettes etc, where you have a communal area, stairwells, entrance halls, lifts. Where your front door opens into the communal area. It would cover a house that has been converted into flats, bedsits where each area has its own front door. AS lodger resides in a house.
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Posted By Peter F
That should read A lodger resides in a house.
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