Modifications etc. (not altering text)
C1Pt. 1 Ch. 1: power to amend conferred (20.1.2007) by Companies Act 2006 (c. 46), ss. 1181(1)(a), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 6, 8(2))
(1)This Chapter does not apply to premises falling within section 3(1) if—
(a)any part or parts of the premises is or are neither—
(i)occupied, or intended to be occupied, for residential purposes, nor
(ii)comprised in any common parts of the premises; and
(b)the internal floor area of that part or of those parts (taken together) exceeds [F125 per cent.] of the internal floor area of the premises (taken as a whole).
(2)Where in the case of any such premises any part of the premises (such as, for example, a garage, parking space or storage area) is used, or intended for use, in conjunction with a particular dwelling contained in the premises (and accordingly is not comprised in any common parts of the premises), it shall be taken to be occupied, or intended to be occupied, for residential purposes.
(3)For the purpose of determining the internal floor area of a building or of any part of a building, the floor or floors of the building or part shall be taken to extend (without interruption) throughout the whole of the interior of the building or part, except that the area of any common parts of the building or part shall be disregarded.
[F2(3A)Where different persons own the freehold of different parts of premises within subsection (1) of section 3, this Chapter does not apply to the premises if any of those parts is a self-contained part of a building for the purposes of that section.]
(4)This Chapter does not apply to premises falling within section 3(1) if the premises are premises with a resident landlord and do not contain more than four units.
[F3(5)This Chapter does not apply to premises falling within section 3(1) if the freehold of the premises includes track of an operational railway; and for the purposes of this subsection—
(a)“track” includes any land or other property comprising the permanent way of a railway (whether or not it is also used for other purposes) and includes any bridge, tunnel, culvert, retaining wall or other structure used for the support of, or otherwise in connection with, track,
(b)“operational” means not disused, and
(c)“railway” has the same meaning as in any provision of Part 1 of the Railways Act 1993 (c. 43) for the purposes of which that term is stated to have its wider meaning.]
Textual Amendments
F1Words in s. 4(1) substituted (26.7.2002 for E. and 1.1.2003 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 115; S.I. 2002/1912, art. 2(b)(i) (subject to Sch. 2); S. I. 2002/3012, art. 2(b)(i) (subject to Sch. 2)
F2S. 4(3A) inserted (1.10.1996) by 1996 c. 52, s. 107(2); S.I. 1996/2212, art. 2(2) (with savings in Sch.)
F3S. 4(5) inserted (26.7.2002 for E. and 1.1.2003 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 116; S.I. 2002/1912, art. 2(b)(i) (subject to Sch. 2); S. I. 2002/3012, art. 2(b)(i) (subject to Sch. 2)