PLANNING & THE LICENSING OF HOUSES IN

MULTIPLE OCCUPATION

July 2015

HOUSES IN MULTIPLE OCCUPATION

HMO definitions Planning requirements HMOs for licensing purposes Fire Safety Space and Amenities Hazards & management standards

HMO DEFINITIONS – HOUSING ACTEssential components for HMOs with shared amenities:

Two or more households Three or more individuals

‘Household’ - can be a family, a couple (including same sex couples) or a single person. 3 unrelated people = 3 households

‘Individuals’ – all residents - this includes children and babies

HMO DEFINITIONS - PLANNINGPlanning legislation recognises 2 types of residential HMO, distinct from single family houses: 3 to 6 persons [2 or more households] =

Planning use class C4 More than 6 persons – a use outside the

recognised use classes

Article 4 Direction – affects C4 HMOs created after 16 September 2014All HMOs need appropriate planning permission

PLANNING PERMISSION Current planning policies resist the loss

of family homes General presumption against granting

planning consent for new HMOs created after 16 September 2014 [or earlier for larger HMOs]

Council will take account of any planning issues in determining property licence applications

LICENSING HMO ADDRESSES ‘Mandatory HMO licensing’ has been in

place for about 10 years Applies to HMOs of 3 or more storeys

with 5 or more individuals forming two or more households

‘storeys’ should refer to the number of floors within the licensed dwelling but also includes a non-residential/commercial use on a lower floor. So a 2 storey maisonette above a shop = 3 storeys

LICENSING HMO ADDRESSES [2] HMOs that do not come within

mandatory licensing will need a PRPL licence

Standard exemptions will apply – RSL accommodation, educational & religious establishments

Converted flats, where the whole building might be an HMO under the Housing Act, are more straightforward for licensing – each separate rented flat will need its own licence

FIRE SAFETY All types of HMOs will require a higher

standard of fire protection than a single family house

Requirements vary depending on type of HMO [shared house etc] and number of storeys

Additional requirements also apply to buildings converted into flats and flats above shops

Lacors Guide – reference document Design guides

SPACE AND AMENITIES Council have adopted HMO standards

that apply where one or more amenities shared

Include minimum ratios of baths, WCs and kitchens to HMO residents sharing

Include minimum room sizes for bedrooms – single and double rooms

Standards can be found on Council web pages

HAZARDS AND MANAGEMENT STANDARDS Housing Health and Safety Rating

System [HHSRS] applies to HMOs Management Regulations also apply to

HMOs Management Regulations include

important requirements for landlords to maintain services, maintain common areas and to keep tenant accommodation in good repair