(1) The title of this Order is the Homelessness (Suitability of Accommodation) (Wales) Order 2006.
(2) Save as provided in paragraphs (3) and (4) of this Article, this Order comes into force on 3 April 2006.
(3) Articles 4, 5 and 6 of, and the Schedule to this Order come into force on 2 April 2007.
(4) Articles 7, 8, 9 and 10 of this Order come into force on 7 April 2008.
(5) This Order applies in relation to the duties of local housing authorities in Wales under Part 7 of the Housing Act 1996 (homelessness).
SourceS.I. 2006/650 (W.)
The Homelessness (Suitability of Accommodation) (Wales) Order 2006 (S.I. 2006/650 (W.))
When discharging a housing function to secure that accommodation is available for an applicant who is homeless, or threatened with homelessness, under Part 7 (homelessness) of the Housing Act 1996 (“the 1996 Act”), a local housing authority must ensure that the accommodation is suitable (section 206(1)). Section 210 specifies matters to be taken into account when determining suitability of accommodation for the purposes of Part 7 of the 1996 Act.
Data synced
In this Order—
“the 1996 Act ” (“ Deddf 1996 ”) means the Housing Act 1996; and any reference to a numbered section is a reference to a section of the Housing Act 1996;
“B&B accommodation” (“ llety Gwely a Brecwast ”) means commercially provided accommodation (whether or not breakfast is included)—
which is not separate and self-contained premises;
in which any of the following amenities is not available to the applicant or is shared by more than one household—
a toilet;
personal washing facilities;
cooking facilities;
which is not accommodation which is owned or managed by a local housing authority, a registered social landlord or a voluntary organisation as defined in section 180(3) of the Housing Act 1996; or
which is not an establishment registered under the provisions of the Care Standards Act 2000 ;
and “B&B” (“ Gwely a Brecwast ”) is to be construed accordingly;
“basic standard accommodation” (“ llety o safon sylfaenol ”) means accommodation that—
complies with all statutory requirements (such as requirements relating to fire and gas safety, planning and licences for houses in multiple occupation, where applicable); and
has a manager deemed by the local housing authority to be a fit and proper person with the ability to manage B&B accommodation;
and “basic standard” (“ safon sylfaenol ”) is to be construed accordingly;
“higher standard accommodation” (“ llety o safon uwch ”) means accommodation that meets—
the basic standard; and
the standards contained in the Schedule to this Order,
and “higher standard” (“ safon uwch ”) is to be construed accordingly;
“shared accommodation” (“ llety a rennir ”) means accommodation—
which is not separate and self-contained premises; or
in which any of the following amenities is not available to the applicant or is shared by more than one household—
a toilet;
personal washing facilities;
cooking facilities; or
which is not an establishment registered under the provisions of the Care Standards Act 2000;
“small B&B” (“ llety Gwely a Brecwast bach ”) means—
B&B accommodation—
where the manager resides on the premises; and
which has fewer than 7 bedrooms available for letting.
PART 1 — Additional matters to be taken into account in determining suitability
In determining for the purposes of Part 7 of the 1996 Act whether accommodation is suitable for a person in priority need there must be taken into account the following matters—
(a) the specific health needs of the person;
(b) the proximity and accessibility of social services;
(c) the proximity and accessibility of the support of the family or other support services; or
(d) any disability of the person.
PART 2 — Circumstances applying from 2 April 2007 in which accommodation is not to be regarded as suitable
For the purposes of Part 7 of the 1996 Act, B&B accommodation is not to be regarded as suitable unless it meets at least the basic standard.
For the purposes of Part 7 of the 1996 Act and subject to the exceptions contained in Article 6, B&B accommodation is not to be regarded as suitable for a person who is a minor or a pregnant woman.
(1) Article 5 does not apply where—
(a) the person occupies a basic standard B&B for a period, or a total of periods, which does not exceed 2 weeks;
(b) the person occupies a higher standard B&B for a period or a total of periods which does not exceed 6 weeks;
(c) the person occupies a basic standard small B&B for a period or a total of periods which does not exceed 6 weeks, and the local housing authority has, before the expiry of the two-week period referred to in sub-paragraph (a), offered suitable alternative accommodation, but the person has chosen to remain in the said B&B;
(d) the person occupies a basic standard small B&B after exercising the choice referred to in sub-paragraph (c) above, and the local housing authority has offered suitable alternative accommodation before the end of the six-week period referred to in sub-paragraph (c) above, but the person has chosen to remain in the said B&B; or
(e) the person occupies a higher standard small B&B, and the local housing authority has offered suitable alternative accommodation, before the expiry of the six-week period referred to in sub-paragraph (b) above, but the person has chosen to remain in the said B&B.
(2) If the suitable alternative accommodation offered for the purposes of paragraph (1) is shared, it must meet the higher standard.
(3) In the case of households with dependant children or a pregnant woman, the offer made under sub-paragraphs (d) or (e) must be of suitable self-contained accommodation. In the case of an applicant who is a minor, the offer must be of suitable accommodation with support.
(4) In calculating a period, or total period, of a person’s occupation of B&B accommodation for the purposes of paragraph (1), there must be disregarded—
(a) any period before 2 April 2007; and
(b) where a local housing authority is subject to the duty under section 193 by virtue of section 200(4) , any period before that authority became subject to that duty.
PART 3 — Extension from 7 April 2008 to all accommodation provided in discharge of homelessness functions
For the purposes of Part 7 of the 1996 Act and subject to the exceptions contained in article 9, B&B accommodation is not to be regarded as suitable for a person who is in priority need.
For the purposes of Part 7 of the 1996 Act and subject to the exceptions contained in articles 9 and 10, shared accommodation is not to be regarded as suitable for a person who is in priority need unless it meets the higher standard.
(1) Articles 7 and 8 do not apply where—
(a) the person occupies basic standard B&B for a period, or a total of periods, which does not exceed 2 weeks;
(b) the person occupies a higher standard B&B for a period or a total of periods which does not exceed 6 weeks;
(c) the person occupies a basic standard small B&B for a period or a total of periods which does not exceed 6 weeks, and the local housing authority has, before the expiry of the two-week period referred to in sub-paragraph (a), offered suitable alternative accommodation, but the person has chosen to remain in the said B&B;
(d) the person occupies a basic standard small B&B after exercising the choice referred to in sub-paragraph (c), and the local housing authority has offered suitable alternative accommodation before the end of the six-week period referred to in sub-paragraph (c) above, but the person has chosen to remain in the said B&B;
(e) the person occupies a higher standard small B&B, the local housing authority has offered suitable alternative accommodation, before the expiry of the six-week period referred to in sub-paragraph (b), but the person has chosen to remain in the said B&B: or
(f) the person occupies basic standard shared accommodation for a period, or a total of periods, which does not exceed 2 weeks;
(g) the person occupies, for a period or a total of periods which does not exceed 6 weeks, basic standard shared accommodation owned by a local housing authority or registered social landlord, and the local housing authority has offered suitable alternative accommodation before the expiry of the two-week period referred to in sub-paragraph (f), but the person has chosen to remain in the said accommodation.
(2) If the suitable alternative accommodation offered for the purposes of paragraph (1) is shared, it must meet the higher standard.
(3) In the case of households with dependant children or a pregnant woman, the offer made under sub-paragraphs (d) or (e) must be of suitable self-contained accommodation. In the case of an applicant who is a minor, the offer must be of suitable accommodation with support.
(4) In calculating a period, or total period, of a person’s occupation of shared accommodation for the purposes of paragraph (1), there must be disregarded —
(a) any period before 7 April 2008; and
(b) where a local housing authority is subject to the duty under section 193 by virtue of section 200(4), any period before that authority became subject to that duty.
Article 7 is not to apply until 4 April 2011 to any property owned or managed by a local authority or registered social landlord and used for the purposes of Part 7 of the 1996 Act on 7 April 2008.
Schedules
SCHEDULE — Higher Standard
Space standards for sleeping accommodation
For the purposes of the room size calculations above, a child less than 10 years old is treated as a half person.
(a) No room to be occupied by more than 4 persons, except where the occupants consent.
(b) No sharing of rooms for those of opposite genders, aged 10 or above unless they are living together as partners and both are over the age of consent, or where a parent or guardian elects to share with an older child.
(c) All rooms must have a floor to ceiling height of at least 2.1 metres over not less than 75% of the room area. Any part of the room where the ceiling height is less than 1.5 metres must be disregarded when calculating the floor area.
(d) Separate kitchens and bathrooms are unsuitable for sleeping accommodation.
The premises must have adequate provision for heating. All habitable rooms and bath- or shower-rooms must have a heating system capable of maintaining the room at a minimum temperature of 18°C when the outside temperature is minus 1°C.
(1) In a unit of accommodation accommodating more than one person, the food preparation area provided within the unit must include the following facilities:
(a) four burners or hobs, conventional oven and grill, or two burners or hobs and a microwave with a built in oven and grill,
(b) a sink and integral drainer, with a constant supply of hot water and cold drinking water,
(c) a storage cupboard of a minimum capacity 0.2 cubic metres excluding storage beneath the sink,
(d) a refrigerator,
(e) a minimum of four 13-amp sockets (single or double) situated over the worktop,
(f) a worktop for food preparation of minimum dimensions 1 metre x 0.6 metre, and
(g) a minimum of 1 metre circulation space from facilities to other furniture in the room.
(2) In a unit of accommodation accommodating one person, the food preparation area provided within the unit of accommodation must include the following facilities:
As (a) — (g) above but (a) to have a minimum of two burners or hobs.
(1) Where food preparation areas are shared between more than one household there must be one set of kitchen facilities for:
(a) every 3 family households or fewer;
(b) every 5 single-person households or fewer. (For between 6 and 9 single-person households an additional oven or microwave is required.)
(c) every 10 persons or fewer where there is a mixture of family and single-person households within the same premises.
(2) Each set of shared facilities must provide the following facilities:
(a) as for unit accommodating more than one person except that cooking facilities must consist of 4 burners or hobs, conventional oven, grill and microwave,
(b) an electric kettle,
(c) a toaster.
The food preparation area used by the management may be included when calculating the ratio, provided it meets the criteria for storage, preparation and cooking of food in a shared facility.
Where residents have no access to kitchen facilities and the proprietor provides at least a breakfast and evening-meal for residents, the requirements for shared kitchen facilities will be deemed to have been met.
Additional facilities to be provided in each bedroom or within the total accommodation occupied exclusively by each household must include:
(a) a refrigerator; and
(b) lockable storage.
Alternatively, these may be provided elsewhere within the building.
(1) Facilities for the exclusive use of the occupant or household must include:
(a) bath or shower,
(b) a wash hand basin with a constant supply of hot and cold water, and
(c) a water-closet either en-suite or in a separate room reserved for the exclusive use of individuals or households.
(2) Shared facilities must include:
(a) One water closet and wash hand basin with a constant supply of hot and cold water within the building for every five households or fewer. This must be located not more than one floor away from the intended users. For the first five households the water closet and wash hand basin may be in the shower or bathroom. All additional water closets and wash hand basins for occupancies of six households or more must be in a separate compartment.
(b) One bathroom or shower-room to be provided for every five persons. This must be located not more than one floor away from the intended users.
(c) In premises accommodating children under the age of 10, at least half of the bathing facilities must contain baths suitable for children.
The number of persons occupying a unit of accommodation with a water closet facility provided for their exclusive use is not to be included in the calculation for shared water closets.
The entrance door to each unit of accommodation must be lockable and be capable of being unlocked from inside without the use of a key.
Every premises must have a common room of at least 12 square metres unless all households have a living area separate from their sleeping area that is available for their exclusive use or the premises are for single person households only.
(a) Each household must be issued with written 'house rules' which include details as to how sanctions will be applied. This document is to be approved by the local authority placing homeless households in the premises.
(b) Each household must be issued with written information relating to the premises including how to operate all installations, for example heating and hot water appliances and fire fighting equipment.
(c) Written information must be made available to residents relating to the local area including the location or contact details of local facilities, laundrettes, doctors' surgeries and schools.
(d) Residents must have access to their rooms at all times except when rooms are being cleaned or otherwise maintained. Provision must be made to accommodate residents at these times.
(e) Access is allowed for the appropriate officers of the local housing authority in whose area the premises are situated, and officers of any authority placing homeless households in the premises, to inspect the premises as and when they consider necessary, to ensure that the requirements are being complied with; and that the manager will allow such inspections to take place, if necessary without notice.
(f) Access is allowed for the officers of the local authority and authorised health and community workers for the area in which the premises are situated, to visit the occupiers of the premises and interview them in private in the room(s) they occupy.
(g) A manager with adequate day to day responsibility to ensure the good management of the property can be contacted at all times and that a notice giving the name, address and telephone number of the manager must be displayed in a readily visible position in the property.
(h) A clear emergency evacuation plan is in place setting out action upon hearing the fire alarm, escape routes and safe assembly points. The managers must ensure that each person newly arriving at the premises is told what to do in the event of a fire and about fire precautions provided.
(i) Each household must be issued with a complaints procedure which specifies how a complaint can be made. This information must also include where the complainant can obtain further advice and assistance.
Cite this legislation
- Official citation
- S.I. 2006/650 (W.)
- Source
- legislation.gov.uk
- Data synced
- Licence
- OGL-3 ↗
The Homelessness (Suitability of Accommodation) (Wales) Order 2006 (legislation.gov.uk, OGL-3). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2006-650
This text is synced from legislation.gov.uk. In case of any discrepancy, the official version prevails.
Related legislation
Enabling legislation
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Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).