Section 326 — Housing Act 1985: The space standard.

The space standard. 326 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 rooms Number of persons 1 2 2 3 3 5 4 7½ 5 or more 2 for each room Table II Floor area of room Number of persons 110 sq. ft. or more 2 90 sq. ft. or more but less than 110 sq.ft. 1½ 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.