VCONST15130 - 鈥楻elevant residential purpose鈥� - interpretation of terms: relevant residential purpose - background: differences between 鈥榬esidential accommodation鈥� and 鈥榟ome or institution鈥�

Broadly, the categories of relevant residential use are divided into two groups:

  • 鈥榬esidential accommodation鈥�
  • 鈥榟omes鈥�, 鈥榠nstitutions鈥� or 鈥榚stablishments鈥�.

With 鈥榬esidential accommodation鈥�, relief is limited to living space inclusive of leisure and recreational facilities (such as library, games room) and ancillary facilities (for example, storage, boiler room). 鈥楻esidential accommodation鈥� may offer fewer or more amenities than those present in a dwelling, and can be simply overnight accommodation.

In Urdd Gobaith Cymru (VTD 14881), the Chairman examined what is meant by, 鈥榬esidential accommodation for students or school pupils鈥� and said:

I agree that 鈥榓 residence鈥� clearly implies a building with a significant degree of permanence of occupation. However, such the word loses that clear meaning when used as an adjective. In ordinary English, 鈥榬esidential accommodation鈥� merely signifies lodging, sleeping or overnight accommodation. It doesn鈥檛 suggest the need for such accommodation to be for any fixed or minimum period.

At its barest, 鈥榬esidential accommodation鈥� can comprise simply of sleeping accommodation - Denman College (VTD 15513) refers. This must always be present before accepting that accommodation is 鈥榬esidential鈥�.

Although the extent of the residential accommodation can be much broader, such as including kitchen and eating areas, such facilities aren鈥檛 residential accommodation when provided on their own.

In contrast, a 鈥榟ome or institution鈥� may consist of more than the residential accommodation, and can include recreational and occupational facilities and administration areas. For example, a residential care home for the elderly may include a hairdressing salon or a handicrafts room.

Thus, more can be relieved as a 鈥榟ome or institution鈥� than the residential accommodation because it is the home or institution that qualifies for relief and not simply its residential element.