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Housing Act 1985

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326 The space standard.E+W

(1)The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the number and floor area of the rooms of the dwelling available as sleeping accommodation.

(2)For this purpose—

(a)no account shall be taken of a child under the age of one and a child aged one or over but under ten shall be reckoned as one-half of a unit, and

(b)a room is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom.

(3)The permitted number of persons in relation to a dwelling is whichever is the less of—

(a)the number specified in Table I in relation to the number of rooms in the dwelling available as sleeping accommodation, and

(b)the aggregate for all such rooms in the dwelling of the numbers specified in column 2 of Table II in relation to each room of the floor area specified in column 1

No account shall be taken for the purposes of either Table of a room having a floor area of less than 50 square feet.

Table I
Number of roomsNumber of persons
12
23
35
4
5 or more2 for each room
Table II
Floor area of roomNumber of persons
110 sq. ft. or more2
90 sq. ft. or more but less than 110 sq.ft.
70 sq. ft. or more but less than 90 sq. ft.1
50 sq. ft. or more but less than 70 sq. ft.½

(4)The Secretary of State may by regulations prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation, or the bringing into computation at a reduced figure, of floor space in a part of the room which is of less than a specified height not exceeding eight feet.

(5)Regulations under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)A certificate of the local housing authority stating the number and floor areas of the rooms in a dwelling, and that the floor areas have been ascertained in the prescribed manner, is prima facie evidence for the purposes of legal proceedings of the facts stated in it.

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