The Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007

• Citation: S.I. 2007/1668
• Sections: 4

Section 1 Citation and application

(1) This Order may be cited as the Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007.

(2) This Order applies in relation to England and Wales.

Section 2 Commencement

In so far as it is not already in force , Part 5 of (and Schedule 8 to) the Housing Act 2004 shall come into force on 1st August 2007 in relation to the types of property described in article 3(1) and to the extent specified in article 3(2).

Section 3 Application of Part 5 of the Housing Act 2004 to residential properties with four bedrooms or more

(1) The types of property referred to in article 2 are—

(a) a residential property which—

(i) is physically complete at the first point of marketing; and

(ii) has four bedrooms or more;

and

(b) a residential property which—

(i) is not physically complete at the first point of marketing; and

(ii) is expected to have four bedrooms or more once physically complete,

other than a property to the construction of which Regulation 17C of the Building Regulations 2000 applies.

(2) The duties under sections 155 to 159 of the Housing Act 2004 shall apply subject to the Home Information Pack (No.2) Regulations 2007 .

Section 4 Interpretation of article 3 (2)

In article 3—

(a) a residential property shall be regarded as having or expected to have four bedrooms or more if the manner in which the property is marketed indicates that it has or is expected to have four bedrooms or more;

(b) “first point of marketing” shall be construed in accordance with regulation 3 of the Home Information Pack (No.2) Regulations 2007; and

(c) “physically complete” shall be construed in accordance with regulation 2(3) of the Home Information Pack (No.2) Regulations 2007.