Enforcing the Nationally Described Space Standard: the regulation of “Sub-standard” English housing

Abstract

Purpose

Despite opposition from housebuilders, the Nationally Described Space Standard (NDSS) was introduced in 2015 amid concerns about shrinking home sizes. This paper examines Planning Appeal cases to examine how the standard has been enforced.

Design/methodology/approach

This paper considers how the NDSS has informed the regulation of housing size, based on an overview of post-2015 Planning Appeal Decisions in England where the gross internal area of the home was below the NDSS.

Findings

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) judgements about who might occupy the space, alongside consideration of layout, light and fenestration.

Originality/value

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 the NDSS is discretionary rather than mandatory, with the paper suggesting the need for clearer guidance on their application.

Citation

Hubbard, P. (2023), "Enforcing the Nationally Described Space Standard: the regulation of “Sub-standard” English housing", Journal of Property, Planning and Environmental Law, Vol. 15 No. 3, pp. 152-169. https://doi.org/10.1108/JPPEL-01-2023-0002