The law relating to Statutory Overcrowding is set out in Part X of the Housing Act 1985. 

Section 324 provides that a dwelling is overcrowded if it contravenes the standards specified in Sections 325 and 326 of the Act. These are:-

Section 325 – Persons of The Opposite Sex Sharing A Room

The spaced standard is contravened where the number of persons occupying a dwelling and the number of rooms available as sleeping accommodation is such that two persons of opposite sexes who are not living together as husband and wife must sleep in the same room. 

For the purposes of this Section:-

1. Children under 10 are not taken into account. 
2. A room is treated as available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or a living room. 

Section 326 – The Space Standard

The space standard is contravened where the number of persons sleeping in  dwelling is in excess of the permitted number having regard to the number and floor area of the room of the dwelling available as sleeping accommodation. 

For the purposes of this Section:-

1. Children under one year old do not count at all. 
2. Children between one and ten only count as half a person
3. A room is treated as available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or a living room. 
4. Rooms have a floor area of less than 50 square feet do not count. 

The permitted number of persons in relation to a dwelling is whichever is the less of:-

1. The number specified in relation to Table 1 in relation to the number of rooms in the dwelling available as sleeping accommodation, and 
2. The aggregate for all such rooms in the dwelling specified in column 2 of Table 2. 

TABLE 1
Number of Rooms	Number of Persons
1	2
2	3
3	5
4	7 ½
5 or more	2 for each room

 

Table 2
Floor Area of Room	Number of Persons
110 sq feet or more	2
90 – 110 sq feet	1 ½
70 – 90 sq feet	1
50 – 70 sq feet	½