Skip to main content

Crowding and space

Although crowding and space is one of the 29 hazards assessed under the Housing Health and Safety Rating System, the previous legislation, Part X of the Housing Act 1985 – Statutory Overcrowding, has not yet been appealed and assessments in accordance with this legislation are still carried out and valid

Housing Act 1985 - Statutory overcrowding

This standard was first written/introduced in the 1930s and is based on the number and ages of people living in the property and the number and size of all habitable rooms.

How statutory overcrowding is calculated

First, the number of people occupying the property needs to be calculated, dependent on their ages:

  • children under the age of 1 count as 0 persons
  • children aged between 1 and 10 count as half a person
  • children over the age of 10 and adults count as 1 person.

So, for example, a family of 4 comprising mum and dad, son aged 8 and a daughter aged 13 would be counted as 3.5 persons based on this calculation:

  • mum + dad = 2 persons
  • son = half a person
  • daughter = 1 person.

Next, the number of habitable rooms is calculated by counting all rooms except kitchens and bathrooms. Lounges/living rooms and dining rooms are included, as well as the bedrooms.

Maximum occupancy based on the total number of rooms
Number of habitable roomsMaximum number of persons
1 2
2 3
3 5
4 7.5
5 or more 2 for each room

Next, the floor area of each these rooms needs to be calculated.

How many persons can occupy each room depending on its size
Floor area of roomsNumber of persons
110 square feet (10.22 square metres) or more 2 persons
90 square feet (8.36 square metres) or more, but less than 110 square feet (10.22 square metres) 1.5 persons
70 square feet (6.50 square metres) or more, but less than 90 square feet (8.36 square metres) 1 person
50 square feet (4.64 square metres) or more, but less than 70 square feet (6.50 square metres) 0.5 person

Rooms with a floor area of less than 50 square feet (4.64 square metres) are not taken into consideration for the assessment.

So, for example, a room that is big enough for 1.5 persons could be occupied by either 3 children under the age of 10 (each counting as 0.5 person) of either/both sexes or 2 children, 1 over 10 (counting as 1 person) and the other under 10 (counting as 0.5 person) of the same sex.

Children of the opposite sex over the age of 10, should not be expected to share a room with each other.

The members of the family can then be placed in rooms that are suitable for them. It’s likely that you’ll get different numbers of persons from the calculations of each table. The maximum number of persons permitted in the property is the lower of the 2 numbers. If the actual number of persons in the property is greater than this number, the property could be statutorily overcrowded.

Housing health and safety rating system (HHSRS) assessment

Crowding and space is unlike the other 28 hazards, in as much as it does not consider defects and deficiencies of the property itself but looks at deficiencies in the way the property is occupied.

The HHSRS Crowding and Space hazard is a far higher standard than Part X of the Housing Act 1985 and is not solely based on the floor area or room sizes of the dwelling.

We consider the following during the risk assessment:

  • living area, lack of living area of an adequate size for the potential family
  • kitchen area, lack of separate kitchen area of adequate size
  • personal washing area, lack of separate adequately sized personal washing facilities/area or lack of privacy of this area
  • number of bedrooms, the size of these bedrooms and whether they are in a suitable location
  • recreational space, lack of safely fenced recreational space readily visible from the property.

The HHSRS Operating Guidance for this hazard acknowledges that children need as much space as adults.

It also states that generally a 2-bedroom property is suitable for up to 4 persons, a 3-bedroom property is suitable for up to 6 persons and that a 4-bedroom property is suitable for up to 7 persons.

Overcrowding and our Homechoice banding

The housing register rules are different and simpler.

Pregnancy will not be considered for overcrowding assessments. The bedroom entitlement as set out in the Housing Allocations Policy is used to assess overcrowding in most cases when the baby is born.

Bedroom sharing is covered by the following rules:

  • household members living together as a couple will be assessed as requiring one bedroom, unless there are exceptional circumstances
  • additional adults (defined as being 18 years old or over) living permanently in a household, will require an extra bedroom
  • children that are of different sexes that are both under seven years will be expected to share
  • children of the same sex that are both under 18 will be expected to share.

Have you encountered a problem with this page?