what is a "Single Private Dwelling"

[steve walker]

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.

Thanks for your response Phil,

I notice that you specify "for prohibition purposes only" Does this means that although an inspector has a right to enter these SPD, an enforcement notice could not be served on someone in these premises for fire safety failings in their SPD? (My brain is starting to hurt.)

The "house" bit of "house which is occupied as a single private dwelling" I think means "a building or part of a building"; unfortunately this doesn't really help to make the meaning any clearer.

[PhilB]

No not strictly correct someone in a SPD in say an office block, think of a caretakers flat, that flat is his spd but it is not comprised in a house.

An inspector would have no power of entry to that premises other than for prohibition or restriction purposes.

However the caretaker may have to co-operate with the responsible person to ensure certain things are maintained. But an inspector has no power to enter to make sure he is co-operating!

If he isn’t co-operating he would be failing to comply with the order and an enforcement notice could be served on him if he had to any extent control of the premises.

For example if he removed his self closing fire door that was required to protect the stairway he would be in some way in control of that part of the premises and enforcement action could be taken.

I think it was a mistake to remove the power of entry to dwellings that was in FPA i.e. we could enter the caretakers flat if 24 hrs notice was given. RRO does not allow entry as a right unless article 31 applies.

So in answer to your questions:

An enforcement notice could be served but you could not enter the premises to do so.(Unless Article 31 applies)

House means house not a building or part of a building that was the definition of premises in FPA. No power of entry if premises consists of or is comprised in a house occupied as SPD.

I hope that has clarified things for you now go and lie down in a darkened room!

[steve walker]

That has helped Phil - especially the lie down.

The definition of "house" was from the Housing Act 2004, in full:

"99 Meaning of “house” etc.
In this Part—
“dwelling” means a building or part of a building occupied or intended to
be occupied as a separate dwelling;
“house” means a building or part of a building consisting of one or more
dwellings; and references to a house include (where the context permits) any yard,
garden, outhouses and appurtenances belonging to, or usually enjoyed with, it
(or any part of it)."

It would be nice and simple if the FSO did not cover a "building" used as a SPD. Then we could use that lovely building definition in Circ 5:

The definition of "building" has been interpreted variously by the courts for purposes of other legislation and is therefore subject to some uncertainty.   However, to ensure uniformity in the administation of the Act, it is considered desirable that a building should generally be regarded as extending from its lowest level to roof-top and that the horizontal limits should be regarded as set by party/separating walls through which there is no internal communication with neighbouring buildings.   Doors provided in party walls solely as fire exits should not be regarded as a means of internal communication.   Nor is it considered that the effect of imperforate floors extending over the whole area of a building is to create two (or more) separate buildings, notwithstanding that there may be no internal means of communication between the parts.

Unfortunately it isnt that simple.

[PhilB]

I know it may appear confussing as there are various definitions of house.

In reality it is quite simple the only places a prohibition notice could not be served on is a stand alone SPD, as long as it is being occupied as such.(i.e. start running a sweat shop in your living room it is no longer being used soley as a dwelling.

If the dwelling is located in another building it is not then comprised in a house occupied as a SPD. e.g carertakers flats in offices.

An HMO may consists of SPDs but they are comprised in a house containing more than one SPD and can be restricted.

That is the situation now and will continue with RRO. Only difference is under existing legislation we may enter SPDs(except those in single houses) if 24hrs notice is given.

RRO affords no right of entry unless to prohbit or restrict use of dwellings in other buildings.