Housing (Standards) Regulations 2017 HOUSING (STANDARDS) REGULATIONS 2017 PART 1 INTRODUCTION 3

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1 Housing (Standards) Regulations 2017 Index HOUSING (STANDARDS) REGULATIONS 2017 Index Regulation Page PART 1 INTRODUCTION 3 1 Title Commenement Interpretation... 3 PART 2 MAXIMUM PERMITTED OCCUPANCY LEVELS, MINIMUM STANDARDS AND MINIMUM SPACE STANDARDS 4 4 Maximum permitted oupany levels Minimum standards for premises Minimum spae standards for premises... 5 PART 3 STANDARDS OF REPAIR ETC. 5 7 Repairs, deorations et Outbuildings, yards et. in ommon use Installations in ommon use... 6 PART 4 GENERAL DUTIES 7 10 General safety Duty to display noties... 7 PART 5 GENERAL 8 12 Offenes Revoation... 8 SCHEDULE 1 9 MINIMUM SIZES AND MULTIPLE OCCUPANCY 9 SCHEDULE 2 11 MINIMUM STANDARDS FOR PREMISES 11 SD No.0122/2017 Page 1

2 Index Housing (Standards) Regulations 2017 Page 2 SD No.0122/2017

3 Housing (Standards) Regulations 2017 Regulation 1 Statutory Doument No. 0122/2017 Housing (Misellaneous Provisions) At 2011 HOUSING (STANDARDS) REGULATIONS 2017 Approved by Tynwald: 25 April 2017 Coming into Operation: 1 May 2017 The Department of Environment, Food and Agriulture makes the following Regulations under setion 11 of, and Shedule 1 to, the Housing (Misellaneous Provisions) At PART 1 INTRODUCTION 1 Title These Regulations are the Housing (Standards) Regulations Commenement If approved by Tynwald, these Regulations ome into operation on 1 May Interpretation (1) In these Regulations unless the ontext otherwise requires the At means the Housing (Misellaneous Provisions) At 2011; the Department means the Department of Environment, Food and Agriulture; flat means a separate set of domesti premises, whether or not on the same floor forming part of a building; and either the whole or the material part of whih lies above or below some other part of the building; house in multiple oupation is to be onstrued in aordane with the Housing (Definition of House or Flat in Multiple Oupation) Order ; 1 SD 0377/13 SD No.0122/2017 Page 3

4 Regulation 4 Housing (Standards) Regulations 2017 habitable room means a room used or intended to be used as living aommodation, but does not inlude a room used or intended to be used exlusively as a kithen or bathroom; loal authority in relation to a flat or house in multiple oupation, means the loal authority in whose distrit those premises are loated; net floor area, in relation to premises or any room within those premises, means the internal floor area of the premises or any room within those premises, inluding all rooms, passages, stairases, himney breasts and flues exlusive to the premises but exluding balonies, external fire esapes and garages and any passages, vestibules and stores used in ommon, and where any room has a sloping eiling, no part of the room with a eiling height of less than 1.5 metres shall be inluded in the net floor area; oupant means a tenant or lodger and any other person living in a flat or house in multiple oupation; premises means either a flat or house in multiple oupation; registered flat or house in multiple oupation means premises registered under the Housing (Registration) Regulations ; registration authority in relation to a flat or house in multiple oupation means the loal authority in whose distrit the flat or house in multiple oupation is loated; stairase inludes any landing. (2) Any other terms used in these Regulations have the same meaning as in the Housing (Registration) Regulations PART 2 MAXIMUM PERMITTED OCCUPANCY LEVELS, MINIMUM STANDARDS AND MINIMUM SPACE STANDARDS 4 Maximum permitted oupany levels (1) Shedule 1 speifies minimum spae standards and maximum oupany levels in premises. (2) No person must oupy, or permit to be oupied any premises so that the number of persons oupying those premises is greater than the maximum number of persons permitted. 5 Minimum standards for premises (1) Shedule 2 speifies the minimum standards for premises. 2 SD 0380/13 Page 4 SD No.0122/2017

5 Housing (Standards) Regulations 2017 Regulation 6 (2) Where the minimum standards speified in Shedule 2 are not provided within the premises, the registration authority may by notie in writing ( standards enforement notie ) require the owner of the premises to arry out suh works as may be required to remedy the ontravention and are speified in the notie to be arried out within suh reasonable period as may be so speified, being not less than 21 days from the date of servie of the notie. (3) A person ommits an offene if the person fails to maintain premises to the standards required by Shedule 2; or to omply with a standards enforement notie. (4) A person guilty of an offene under paragraph (3) is liable on summary onvition to a fine not exeeding 20, Minimum spae standards for premises (1) No more than two persons must share a bedroom and unrelated persons must not be required to share a bedroom. (2) For the purposes of paragraph (1) disregard any hild under the age of one sharing a room with a person with whom the hild is residing. (3) If a hild is sharing a room with a person with whom the hild is residing, inrease the floor area stipulated in Shedule 1 by 1.5m 2. (4) There must be a minimum of one bathroom for every six oupants, loated no more than two floors away from eah bedroom. (5) There must be provided a suitably loated kithen and lounge for the use of all of the oupants, no more than two floors away from eah bedroom. PART 3 STANDARDS OF REPAIR ETC. 7 Repairs, deorations et. (1) The owner of the premises must maintain the building of whih the premises form part in a good state of repair. (2) Where the building is not maintained in a good state of repair, the registration authority may by notie in writing ( repair enforement notie ) require the owner of the premises to arry out suh works as may be required to remedy the ontravention and are speified in the notie to be arried out within suh reasonable period as may be so speified, being not less than 21 days from the date of servie of the notie. (3) A person ommits an offene if the person fails to maintain premises to the standards required by Shedule 2; or SD No.0122/2017 Page 5

6 Regulation 8 Housing (Standards) Regulations 2017 to omply with a repair enforement notie. (4) A person guilty of an offene under paragraph (3) is liable on summary onvition to a fine not exeeding 20, Outbuildings, yards et. in ommon use (1) The owner must ensure that () every outbuilding, yard, area and foreourt, whih belongs to the premises and is in ommon use, is maintained in a lean, safe and wholesome ondition, and that any garden in ommon use belonging to the premises is kept tidy; suh parts of the premises in ommon use inluding entrane doors, porhes and steps are kept free from obstrution; and boundary walls, fenes and railings (inluding basement area railings), in so far as they belong to the flat or house in multiple oupation, are kept and maintained in good repair. (2) If any part of the premises is subjet to a losing order under setion 7 of the Housing At 1955, or not in use, the owner must ensure that suh part, inluding any passage and stairase diretly giving aess to it, is kept reasonably lean and free from refuse and litter. 9 Installations in ommon use (1) The owner must ensure that the following installations in ommon use, or whih serve any part of the premises in ommon use, are in and are maintained in repair, a lean ondition and good order (inluding, where appropriate, proper working order) () installations for the supply of eletriity, gas and oil for lighting and for spae heating or heating water; sanitary onvenienes, baths, sinks, washbasins and installations for ooking or storing food; reeptales or other installations provided in onnetion with the delivery to the premises of postal pakets. (2) The owner must ensure that installations for lighting serving any part of the premises in ommon use are readily available for use by oupants. (3) The owner must arrange for eletrial, gas and oil installations and applianes to be regularly inspeted as follows eletrial installations proteted by miniature iruit breakers and residual urrent iruit breakers must be inspeted every 10 years, or more frequently as set down by relevant industry guidelines, by a ompetent person; gas installations and applianes must be inspeted annually in aordane with the Gas Safety (Installations and Use) Regulations Page 6 SD No.0122/2017

7 Housing (Standards) Regulations 2017 Regulation 10 () as applied to the Isle of Man by the Gas Safety (Appliation) Order ; oil installations must be inspeted in aordane with the Code of Pratie 5 issued by the Oil Firing Tehnial Assoiation for the Petroleum Industry. In paragraph ompetent person means a person who is a member of the Competent Persons Sheme for the purposes of Part P of the Isle of Man Building Regulations. (4) The owner must keep reords of these periodi inspetions, and any works arried out for a minimum of five years, and have opies of these reords and any ertifiates available for inspetion by any oupant or the registration authority upon request. PART 4 GENERAL DUTIES 10 General safety (1) The owner must ensure that suh preautions are taken as are reasonably required, having regard to the design of and strutural onditions in premises and to the number of oupants, to protet those oupants from injury as a result of those onditions. (2) In partiular, the owner must (without limiting paragraph (1)) ensure as respets any roof or balony, whih is not in all respets safe, either that reasonable measures are taken to prevent aess to it, or that it is made safe, and that suh safeguards as may be neessary are provided against the danger of aidents resulting from the presene on stairases of windows the sills of whih are at or near floor level. (3) The owner must also maintain the premises in aordane with any appliable provisions of the Fire Preautions At 1975 and any seondary legislation made under that At. 11 Duty to display noties (1) The owner must ause to be displayed in a suitable position in the property so as to be readily visible to the oupants a notie ontaining the name and address and the emergeny telephone number of the person, or of eah person, who is the owner or agent ating on behalf of the owner of the flat or house in multiple oupany; and 3 S.I. 1994/1886 whih was amended by the Gas Safety ((Installation and Use) (Amendment) Regulations 1996 (S.I. 1996/550) 4 SD 326/96 5 OCP/2:200 SD No.0122/2017 Page 7

8 Regulation 12 Housing (Standards) Regulations 2017 ertifiates of registration and publi liability insurane ertifiates. (2) The owner must take all reasonable steps to ensure that the notie under paragraph (1) remains so displayed with any neessary amendments. PART 5 GENERAL 12 Offenes Any person ( P ) who ontravenes or fails to omply with, the requirements of these Regulations, or fails, without reasonable exuse, to disharge a duty imposed on P by these Regulations; ommits an offene and is liable on summary onvition to a fine not exeeding 20, Revoation The Housing (Standards) Regulations are revoked. MADE 20 TH MARCH 2017 G BOOT Minister for Environment, Food and Agriulture /13 Page 8 SD No.0122/2017

9 Housing (Standards) Regulations 2017 SCHEDULE 1 SCHEDULE 1 MINIMUM SIZES AND MULTIPLE OCCUPANCY [Regulation 4(1)] PART 1 MINIMUM ROOM SIZES AND MAXIMUM OCCUPANCY FOR HOUSES IN MULTIPLE OCCUPATION Number of oupants Minimum size Bedrooms 1 person 8.5m 2 2 persons 10.5m 2 * *Subjet to regulation 5(2) where a hild is oupying the room with its parent, guardian or person with whom the hild is residing applies Used by no more than 6 persons For eah additional person above 6 Kithen Communal room (inluding lounge or dining room) 7m 2 11m 2 ** + 0.5m m 2 **Communal rooms whih ontain a kithen must be a minimum of 18m 2 PART 2 MINIMUM SIZES AND MAXIMUM OCCUPANCY FOR FLATS Net floor area (A) Net floor area (A) Maximum Permanent Tourist Oupants < 30m 2 < 17m m 2-45m 2 18m 2-25m 2 1 person 46m 2-57m 2 26m 2-33m 2 2 persons 58m 2-70m 2 34m 2-41m 2 3 persons 71m 2-79m 2 42m 2-49m 2 4 persons SD No.0122/2017 Page 9

10 Housing (Standards) Regulations m 2-87m 2 50m 2-56m 2 5 persons >87m 2 >56m 2 6 persons Page 10 SD No.0122/2017

11 Housing (Standards) Regulations 2017 SCHEDULE 2 MINIMUM STANDARDS FOR PREMISES [Regulation 5(1)] 1 Requirement to be self-ontained In the ase of premises whih are flats they must be so designed, arranged and equipped as to be self-ontained, save that a ommon entrane may be provided to a blok of flats. 2 General ondition of premises Premises must be struturally sound, in a good state of repair and free from dampness. 3 Light, ventilation and insulation (1) Every habitable room must be provided with suffiient diret natural light, adequate ventilation and thermal insulation. (2) There must be suffiient means of artifiial lighting to all aessible areas of the building. (3) Every kithen must be provided with adequate light and ventilation. (4) Every bathroom and every room ontaining a water loset must be provided with adequate light and ventilation. 4 Requirements for premises to ontain ertain provisions Premises must ontain a suitably loated integral bathroom ontaining an adequate and suitably loated bath or shower provided with adequate supplies of hot and old water and properly onneted to the drainage system; or a suitably loated integral shower ompartment provided with adequate supplies of hot and old water or water at a suitably ontrollable temperature, and properly onneted to the drainage system. 5 Water losets Premises must be provided with a suitably loated water loset within the urtilage of the premises, properly onneted to the drainage system. SD No.0122/2017 Page 11

12 SCHEDULE 2 Housing (Standards) Regulations Wash hand basin Premises must be provided with a wash hand basin, suitably loated, provided with adequate supplies of hot and old water and properly onneted to the drainage system. 7 Adequate ooking and washing failities (1) Any flat whih is registered as a tourist flat, must be provided with adequate and suitably loated ooking and washing failities inluding a sink inorporating an impervious drainage surfae and provided with adequate supplies of hot and old water and properly onneted to the drainage system. (2) In the ase of premises whih are registered for permanent oupation those premises must be provided with () adequate washing failities inluding a sink inorporating an impervious drainage surfae and provided with adequate supplies of hot and old water and properly onneted to the drainage system; plumbing for a washing mahine; exept where a ooker is installed whih is fuelled by either solid fuel or a reservoir of oil or gas situated outside the premises, a mains eletri or mains gas onnetion for a ooker. 8 Storage of waste (1) Premises must be provided with readily aessible and reasonably suitable reeptales for the storage of refuse. (2) Adequate provision must be made for the storage of suh reeptales and for the disposal of refuse to the satisfation of the loal authority. 9 Food storage Premises must be provided with adequate and suitably loated food storage failities. 10 Washing and drying of lothes Failities for the washing and drying of lothes must be made available for the exlusive use of the oupants of, in the ase of flats, eah individual flat and premises. 11 Heating Premises must be provided with adequate means of heating every habitable room and every kithen (suh heating to be ontrollable and programmable). Page 12 SD No.0122/2017

13 Housing (Standards) Regulations 2017 SCHEDULE 2 12 Sound proofing. (1) In the ase of flats, a wall whih separates a flat from another flat or the ommon parts of the building must resist the transmission of airborne sound to a level set by Building Regulations at the time of onstrution of the premises or onversion of building to proposed use. (2) A floor or stair whih separates a flat from another flat or the ommon parts of the building must resist the transmission of airborne and impat sound, to a level set by Building Regulations at the time of building of the premises or onversion of the building to propose use (material hange of use). 13 Additional storage failities Reasonable storage failities for suh items as baby arriages and biyles must be provided. 14 Provisions of stop taps Stop taps must be provided on the servie pipes to enable gas and water supplies to be turned off independently to eah flat, with the exeption of the water supply to a sprinkler system for the purpose of fire fighting for premises ontaining flats or houses in multiple oupation. SD No.0122/2017 Page 13

14 Explanatory Note Housing (Standards) Regulations 2017 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations set down the standards whih are to be met in respet of flats or houses in multiple oupation. Regulations 1 to 3 (Part 1) set out the title, ommenement and interpretation for the Regulations. Regulations 4 to 6 (Part 2) and Shedules 1 and 2 stipulate the maximum permitted oupany levels, minimum standards and minimum spae standards for flats or houses in multiple oupation. Regulation 5 enables a registration authority to issue a notie where any requirement of these Regulations is ontravened with a view to arrying out suh notified works to orret the ontravention within a speified time period. Regulation 5 also stipulates that a person guilty of an offene under the Regulations is liable on summary onvition to a fine not exeeding 20,000. Regulations 7 to 9 (Part 3) and Shedule 2 onern the standards of repair for flats and houses in multiple oupation. There is a requirement for premises to be maintained in a good state of repair. This inludes outbuildings and yards in ommon use in addition to installations in ommon use suh as gas, oil and eletriity supplies used for lighting, spae heating or heating of water. Regulation 7 enables a registration authority to issue a notie where any requirement of these Regulations is ontravened with a view to arrying out suh notified works to orret the ontravention within a speified time period. Regulation 7 also stipulates that a person guilty of an offene under the Regulations is liable on summary onvition to a fine not exeeding 20,000. Regulations 10 and 11 (Part 4) require an owner of a flat or house in multiple oupation to take reasonable preautions for the general safety of its oupants. Regulation 11 requires the owner to display a notie iting ontat details for the owner or agent of the owner should an emergeny arise, along with the relevant fire, registration and publi liability insurane ertifiates for the property. Regulation 12 (Part 5) onerns offenes under the Regulations and stipulates that a fine not exeeding 20,000 may be imposed. Regulation 13 details the legislation to be revoked by these Regulations. Shedule 1 (Part 1) details the minimum room sizes and maximum oupany for houses in multiple oupation. Shedule 1 (Part 2) details the minimum sizes and maximum oupany for flats. Shedule 2 lists the minimum standards for flats or houses in multiple oupation. Page 14 SD No.0122/2017