Enforcing the Nationally Described Space Standard: The regulation of ‘sub-standard’ English housing

TY - JOUR

T1 - Enforcing the Nationally Described Space Standard

T2 - The regulation of ‘sub-standard’ English housing

AU - Hubbard, Phil

PY - 2023/11/30

Y1 - 2023/11/30

N2 - Despite opposition from housebuilders, the Nationally Described Space Standard (NDSS) was introduced in 2015 amid concerns about shrinking home sizes. But how has this standard been enforced, and with what effectiveness?Despite opposition from housebuilders, the Nationally Described Space Standard (NDSS) was introduced in 2015 amid concerns about shrinking home sizes. But just how effective has this been in preventing ‘sub-standard’ housing?Appeals by developers have tended to fail where homes are ‘significantly’ – i.e. 10% or more - below the NDSS. However, in some instances - especially where local authorities have not adopted the NDSS - the Planning Inspectorate rules considerably smaller homes ‘adequate’. These discrepancies appear related to (subjective) judgments about who might occupy the space, alongside consideration of layout, light and fenestration.This paper is the first exploration of how the NDSS has been enforced, highlighting important contradictions in the adjudication of space standards. Many of these contradictions emerge because NDSS are discretionary rather than mandatory, with the paper suggesting the need for clearer guidance on their application.

AB - Despite opposition from housebuilders, the Nationally Described Space Standard (NDSS) was introduced in 2015 amid concerns about shrinking home sizes. But how has this standard been enforced, and with what effectiveness?Despite opposition from housebuilders, the Nationally Described Space Standard (NDSS) was introduced in 2015 amid concerns about shrinking home sizes. But just how effective has this been in preventing ‘sub-standard’ housing?Appeals by developers have tended to fail where homes are ‘significantly’ – i.e. 10% or more - below the NDSS. However, in some instances - especially where local authorities have not adopted the NDSS - the Planning Inspectorate rules considerably smaller homes ‘adequate’. These discrepancies appear related to (subjective) judgments about who might occupy the space, alongside consideration of layout, light and fenestration.This paper is the first exploration of how the NDSS has been enforced, highlighting important contradictions in the adjudication of space standards. Many of these contradictions emerge because NDSS are discretionary rather than mandatory, with the paper suggesting the need for clearer guidance on their application.

M3 - Article

SN - 2514-9407

JO - Journal of Property, Planning and Environmental Law

JF - Journal of Property, Planning and Environmental Law

M1 - 10.1108/JPPEL-01-2023-0002

ER -