Types of Premises

The current regulations apply to non-domestic properties. The HSC is considering how to apply the regulations to the domestic sector separately, due to the difficulty in agreeing on how to proceed. However, you should note that some parts of domestic premises can be classified as non-domestic and that the law does apply to them.

Legal precedents have established that common parts of flats are not part of the private dwelling and are therefore classified as non domestic. The new duty to manage does apply to common parts of premises, including housing developments and blocks of flats, but does not place any direct duties on landlords in respect of individual houses or flats. Examples of common parts would include foyers, corridors, lifts and lift shafts, staircases, boilerhouses, vertical risers, gardens, yards and outhouses.

Regulation 4 would not apply to rooms within a private residence that are shared by more than one household such as bathrooms, kitchens etc in shared houses and communal dining rooms and lounges in sheltered accommodation.