Introduction

Acknowledgements

Acknowledgement is given to LG Regulation and ANUK for the source material.

Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.

Introduction to Subject

The legislation around overcrowding is a little confusing as the Housing Act 2004 did not repeal the old standards in the Housing Act 1985. The new Act introduced the necessity for health and safety implications of overcrowding to be assessed under the HHSRS. It is also considered that overcrowding may trigger other hazards under HHSRS, relating to accidents, fire, hygiene and dampness. A range of enforcement options are available and inspectors will consider all the factors before deciding what, if any, action to take.

Part 10 of the Housing Act 1985 still provides the only statutory standard for overcrowding. It was set in the 1930s and is a very low standard for modern day living. A dwelling is deemed overcrowded according to this standard if it fails to meet either the 'room standard' or the 'space standard', detailed below.

The 2004 Act makes provision for secondary legislation to specify new standards and CLG has consulted on a new standard to replace it. This may be based on the number of actual bedrooms.

Until any new standard is in place, local authority inspectors have to look at the individual circumstances and will normally discuss the implications with you before deciding the best course of action.

Legislation

• Housing Act 1985 Part 10
• Housing Act 2004