Fitness For Habitation

Any dwelling house is deemed fit for human habitation unless it fails to meet one or other of several requirements and by reason of that failure is not reasonably suitable for occupation.

The requirements used to determine fitness for habitation are:

• it is structurally stable;
• it is free from serious disrepair;
• it is free from dampness prejudicial to the health of the occupants (if any);
• it has adequate provision for lighting, heating and ventilation;
• it has an adequate piped supply of wholesome water;there are satisfactory facilities in the dwelling for the preparation and cooking of food, including a sink with a satisfactory supply of hot and cold water;
• it has a suitably located water closet for the exclusive use of the occupants (if any);
• it has, for the exclusive use of the occupants (if any), a suitably located fixed bath or shower and a wash hand basin each of which is provided with a satisfactory supply of hot and cold water; and
• it has an effective system for the draining of foul water and surface water.

If the council identifies a property which fails to meet one or more of the above requirements, it is deemed to be unfit for human habitation. In these circumstances the council must determine the most satisfactory course of action to be taken with that property. There are several options available to the council:

• a repair notice
• a closing order
• a demolition order, or
• include the property in a clearance area

There is a set procedure to be followed by the council in deciding the most satisfactory course of action.