What is a dwelling?
The definition is a “dwelling” includes a dwelling-house and a flat. For clarification, if the main purpose of a building is to be a “dwelling” then the Regulations will apply to all replacement windows in that building. Eg. sheltered accommodation – since its main purpose is to provide dwellings for people, however a flat would first require planning permission before carrying out replacement window work but can then be registered with FENSA and if a building is a listed building this would not fall within the remit of the FENSA Scheme and cannot be certified by a FENSA Registered company. FENSA also does not apply to caravans/holiday chalets if they are not occupied for more than 10 months of the year these fall within the jurisdiction of the Local Authority and therefore a Building Notice is required. If however they are permanently lived in they can be FENSA Registered.
The full definition of a dwelling is found in Section 3 of the Local Government Finance Act 1992. Broadly speaking, a dwelling is a separate unit of living accommodation, together with any garden, yard, garage or other outbuildings, attached to it, all occupied by the same person(s) and within the same area of land. A property can appear in the Council Tax Valuation List and a non-domestic rating list if it is used for both domestic and business purposes. (This is not a definitive legal interpretation.
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