what is a "Single Private Dwelling"

[Cal]

I could really do with some help. I need to know what exactly is a “single private dwelling”. I can find definitions for “dwelling (approved document B ADB) “domestic premises (HASWA 1974)”, “house (loads of case law)” “flat”, “HIMO”, etc. However, the only place I come across the term “single private dwelling” is in fire legislation and I can’t find a definition as to what it means. According to ADB 2000 the guidance suggests “it is possible to treat an unsupervised group home with up to 6 residents as an ordinary dwelling” This being the case then a dwelling could provide a home for 6 unrelated persons thus making it a HIMO. It would also be classed as a domestic premise by virtue of the definition under HASWA 1974.  However, if my inferences are right then I believe that the guidance within ADB leads me to gather that a dwelling could be both HIMO and domestic premises but still be a “single private dwelling”. Am I correct?

[wee brian]

Cal

Dont confuse statutory definitions with technical ones. The definitions in legislation serve as triggers for when powers can be used. How they are used is a matter of judgement.

What ADB is saying is that if there are only six people sharing a dwelling then it can be designed like a normal flat or house this has no effect on its legal status.

[fireftrm]

Cal also take care that a premise is what you are considering and that the premises are the premise upon which the consideration is being made.

A common error of assuming that premises is a plural of premise.

[colin todd]

Well said , but it would have been more eloquent and helped the chap understand your point better if you had explained that a premise is a proposition and a premises is a building.

[fireftrm]

Colin, you are right, however I was just trying to use words in a way to be slightly humourous, sorry it obviously didn't translate well!

[colin todd]

Well you know how we always have a communication problem. But i am brushing up on durhamese.

[fireftrm]

I wouldn't understand that I can't speak with such a southern tongue

[Cal]

Thanks for the replies and I really appreciate the help but I'm still no nearer understanding what constitutes a "single private dwelling" The problem I'm trying to bottom out is a fire authority have the power to serve a section 10 notice on a HIMO by virtue of it being a class of premises which could have been designated (section 1(1)(a) FP Act). However, a notice could not be served if the premises were classed as a "single private dwelling" (section 2(e)). I'm trying to write a dissertation on fire safety law and enforcement in HIMO and this question is quite critical to my work. As part of the studies I’m looking at Housing law and duties on landlords etc, so this is just one element. Is there someone I could approach in ODPM or somewhere else to get an authoritative answer?

[colin todd]

No need to bother the civil service chappies Cal. They are busy cocking up fire safety, which is a big job given how good it has become over the years. The answer is very simple. You can serve a s10 on a HMO. No question about it. Cast iron. As sure as the fact that small employers will ignore the RRO, and you dont get much more certain than that. Prof Everton has written an article about this recently by the way, which you may find helpful. Its in the Fire Service College journal.

[steve walker]

Cal,

I am no authority but my understanding is that:

Single = occupants form a single household (Housing Act 2004 section 258)
Private = not open to the public
Dwelling = place where people sleep and includes a toilet, personal washing facitities and/or cooking facilities.

A block of flats would include single private dwellings and common parts.

Would your studies support this definition?

Steve

[Cal]

Thanks everyone for taking the trouble to give me their views. Really grateful!!
Cal

[PhilB]

Simple answer is FA cannot issue a sec.10 notice on premises defined in sec.2 of FP Act "premises consisting of or comprised in a house which is occupied as a single private dwelling'. An HMO is not a house occupied as a single private dwelling. Neither is a block of flats.

[steve walker]

Excuse me for resurrecting this thread but I am unclear about the following:

In Article 31 Prohibition notices the FSO says:

 "(10) In this article, "premises" includes domestic premises other than premises consisting of or comprised in a house which is occupied as a single private dwelling and article 27 (powers of inspectors) shall be construed accordingly."

What does this mean in relation to prohibition notices and powers of inspectors?

Will it be possible to serve a prohibition notice on the common parts of a block of flats? The consequence of this might be to prevent some people using their flats. I am assuming that each flat is a single private dwelling.

Within a HMO made up of converted flats (Housing Act section 257), does an inspector have a right of entry into each flat or only into the common parts?

Within a HMO made up of private bedrooms with occupants sharing other amenities; does an inspector have the right to enter each private bedroom or only the common parts?

I am after the legal position rather than the practical difficulties involved.

[johndoe]

What does this mean in relation to prohibition notices and powers of inspectors?

Will it be possible to serve a prohibition notice on the common parts of a block of flats?
In theroy yes in practice no
Within a HMO made up of converted flats (Housing Act section 257), does an inspector have a right of entry into each flat or only into the common parts?

An Inspector has the power to enter at any reasonable time any place to ascertain if the order applies so yes.

Within a HMO made up of private bedrooms with occupants sharing other amenities; does an inspector have the right to enter each private bedroom or only the common parts?

Please see above and under article 31( 10) can prohibit the use of such bedrooms if they are not a SPD.



I am after the legal position rather than the practical difficulties involved.

Answers are in ypur quote.I cannot use technology


Its good to see that some London officers are reading up on RRO its a shame you probably will not get any training tilll 2007.

[PhilB]

Under RRO for prohibition purposes only an inspector can enter any premises apart from premises consisting of or comprised in a house which is occupied as a single private dwellings.

Yes he could article 31 a block of flats but unlikely to do so. Yes he could enter all parts of all hmos and prohibit all or part of them regardless of whether they are SPDs.