1 Citation and application

(1)    This Order may be cited as the Housing Act 2004 (Commencement No 10) (England and Wales) Order 2007.

(2)    This Order applies in relation to England and Wales.

NOTES
Initial Commencement
Date Made

Date made: 23 November 2007: (no specific commencement provision).

2 Commencement

2Commencement

In so far as it is not already in force, Part 5 of (and Schedule 8 to) the Housing Act 2004 shall come into force on 14th December 2007 in relation to the types of property described in article 3(1), and to the extent specified in article 3(2).

NOTES
Initial Commencement
Date Made

Date made: 23 November 2007: (no specific commencement provision).

3 Application of Part 5 of the Housing Act 2004 to residential properties with fewer than three bedrooms

3Application of Part 5 of the Housing Act 2004 to residential properties with fewer than 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 fewer than 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 fewer than three bedrooms once physically complete,

other than a property to the construction of which regulation 17C of the Building Regulations 2000 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 2007.

NOTES
Initial Commencement
Date Made

Date made: 23 November 2007: (no specific commencement provision).

Regulatory Compliance90 Construction Law92 Real Property Law90 Building Inspectors & Regulations92 Landlord & Tenant90

4 Interpretation of article 3

4Interpretation of article 3

In article 3—

(a)    a residential property shall be regarded as having or expected to have fewer than three bedrooms if the manner in which the property is marketed indicates that it has or is expected to have fewer than three bedrooms (or none);

(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.

NOTES
Initial Commencement
Date Made

Date made: 23 November 2007: (no specific commencement provision).

Real Property Law92 Conveyancing & Sale of Land92 Home Information Packs92

Signature

Yvette Cooper

Minister of State

Department for Communities and Local Government

23rd November 2007

EXPLANATORY NOTE

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 14th December 2007. These provisions relate to home information packs. They are being brought into force in relation to residential properties with fewer than 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 three or more bedrooms or more by virtue of the Housing Act 2004 (Commencement No 8) (England and Wales) Order 2007 (SI 2007/1668) and the Housing Act 2004 (Commencement No 9) (England and Wales) Order 2007 (SI 2007/2471).

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.

Conveyancing & Sale of Land93 Regulatory Compliance90 Home Information Packs93 Energy94 Construction Law93 Environment & Property94 Real Property Law90 Building Inspectors & Regulations93 Landlord & Tenant90