Section 257 — Housing Act 2004: HMOs: certain converted blocks of flats

HMOs: certain converted blocks of flats 257 1 For the purposes of this section a “ converted block of flats ” means a building or part of a building which—

a has been converted into, and b consists of, self-contained flats.

2 This section applies to a converted block of flats if—

a building work undertaken in connection with the conversion did not comply with the appropriate building standards and still does not comply with them;

and b less than two-thirds of the self-contained flats are owner-occupied.

3 In subsection (2) “ appropriate building standards ” means—

a in the case of a converted block of flats—

i on which building work was completed before 1st June 1992 or which is dealt with by regulation 20 of the Building Regulations 1991 (S.I. 1991/2768),

and ii which would not have been exempt under those Regulations, building standards equivalent to those imposed, in relation to a building or part of a building to which those Regulations applied, by those Regulations as they had effect on 1st June 1992;

and b in the case of any other converted block of flats, the requirements imposed at the time in relation to it by regulations under section 1 of the Building Act 1984 (c. 55).

4 For the purposes of subsection (2) a flat is “ owner-occupied ” if it is occupied—

a by a person who has a lease of the flat which has been granted for a term of more than 21 years, b by a person who has the freehold estate in the converted block of flats, or c by a member of the household of a person within paragraph (a) or (b).

5 The fact that this section applies to a converted block of flats (with the result that it is a house in multiple occupation under section 254(1)(e)), does not affect the status of any flat in the block as a house in multiple occupation.

6 In this section “ self-contained flat ” has the same meaning as in section 254.