1328. Premises excluded from right to collective enfranchisement.

The right to collective enfranchisement1 does not apply to premises2:

  1.  

    (1)     if:

    1.  

      (a)     any part or parts of the premises is or are neither occupied, or intended to be occupied, for residential purposes3, nor comprised in any common parts of the premises; and

    2.  

      (b)     the internal floor area4 of that part or of those parts, taken together, exceeds 25 per cent of the internal floor area of the premises, taken as a whole5;

  2.  

    (2)     where different persons own the freehold of different parts of the premises, if any of those parts is a self-contained part of a building