Wakefield Council’s Adopted Standards 2018

1. Introduction

2. HMO types

3. Room sizes

4. Kitchen facilities

5. Bathroom facilities

6. Lighting

7. Heating

8. Ventilation

9. Gas and Electrical Installation

10. Fire precautions

11. Security

12. Refuse disposal

13. Management

14. Other relevant legislation

CONTENTS

1.1. HOW TO CONTACT US

If you require any advice on these standards contact Strategic Housing at housingstandards@wakefield.gov.uk or phone us on 01924 306665.

1.2. THESE STANDARDS AND HOW THEY ARE APPLIED

The standards set out in this document are the minimum adopted standards and should not be interpreted as the ideal.

These standards were adopted by Wakefield Council’s Cabinet on 10 October 2017 and are the standards that the Council will apply when licensing a House in Multiple Occupation (HMO), when taking formal action and providing advice. They cover the most common types of HMOs which are usually described as shared houses and bedsits. If the property is a different type of HMO e.g. a hostel, you should contact us for further information.

This document sets out requirements regarding:

• Room sizes

• Provision of kitchen and bathroom facilities

• Fire safety standards and

• Management standards.

For the purposes of these standards all occupants regardless of age are counted as one person i.e. even the very young are counted as one person. We only allow rooms to be shared where the two people are in a relationship or when they are close family.

We also assess all HMOs using the Housing Health and Safety Rating System (HHSRS) which is set out in the Housing Act 2004. This is a risk based assessment of the hazards that are found in residential properties and identifies any works required to make the property safe and suitable for occupation.

1.3. WHAT IS A HOUSE IN MULTIPLE OCCUPATION (HMO)?

An HMO is a property occupied by 3 or more unrelated people in 2 or more households. A full definition of HMO can be found in section 254 of the Housing Act 2004. Details of what relationships constitute a single family can be found in section 258 of the Housing Act 2004.

1.4. LICENSING OF HMOS

All HMOs that are occupied by 5 or more tenants, of which at least 2 households share one or more basic amenities such as a kitchen, bathroom or WC must be licensed. This is known as mandatory licensing and is set out in the Housing Act 2004. It is the landlord or manager’s responsibility to apply to the Council to license the property and you should contact us at housingstandards@wakefield.gov.uk or phone us on 01924 306665. The Housing Act 2004 also contains provisions for Local Authorities to introduce discretionary licensing of other HMOs such as smaller properties. Wakefield Council does not at the moment have discretionary licensing.

1.5. PLANNING AND BUILDING CONTROL PERMISSIONS

1.5 PLANNING AND BUILDING CONTROL PERMISSIONS

INTRODUCTION

You should contact the Council’s Development Control Team to establish whether planning permission is needed for any HMO. They can be contacted on 0345 8 506 506 or by email at devcontrol@wakefield.gov.uk

Certain work, such as re-roofing, structural alterations, providing additional amenities, new drainage and en-suite bathrooms also needs Building Regulations approval. You should call the Council’s Building Control Team on 01924 306557.

1.6. CHANGES TO THESE STANDARDS

These standards may be amended from time to time and you should make sure that the copy you are looking at is the most up to date.

The two most common types of HMO in the district are bedsits and shared houses. If you feel that your HMO falls outside these definitions please contact us to discuss the matter further.A building converted into self-contained flats may also fall under the definition of an HMO and it would also be subject to regulations governing the management of the common parts such as shared staircases, kitchens, bathrooms and yards etc.

2.1 BEDSITSThese are houses where tenants have exclusive use of one room where they live, sleep and cook but will share a bathroom and toilet.

2.2 SHARED HOUSESThese are houses or flats where tenants rent a bedroom but share the kitchen, bathroom and living room. Some shared houses may have en-suite shower and WC facilities but they will still share a kitchen.

2.0 TYPES OF HMO

3.2 OTHER ROOMS*For the size of adequate communal living space see table below in 3.2

It is preferable that only one set of kitchen facilities (i.e. cooker, fridge, sink) is provided in a kitchen, where the size and dimension of the kitchen are suitable, two sets may be installed but you should contact us to ensure that the layout is suitable.

No kitchen, living room or dining room can be shared by more than 10 people. Additional rooms must be provided where the intended occupancy of the HMO exceeds this number.

All kitchens must have a suitable layout which is safe and practical, taking account of the location of cooking appliances and food preparation areas to reduce the risk of health and safety hazards.

Shared kitchens should ideally be within 20 metres, or one floor distant, from any bedroom. Where this is not possible an adequately-sized adjacent dining area may suffice.

Where more than one kitchen is required, these must be sited evenly throughout the property.

Where there are shared living and dining rooms provided, there must be sufficient room and seating to enable all tenants to use the room at the same time.

This guide includes the National Minimum prescribed standards under The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018

Minimum room sizes for bedrooms in all licensable HMOs is as follows:

The floor area of any room used for sleeping accommodation by 1 person (aged over 10 years) must be not less than 6.51m2

For 2 people (aged over 10 years) not less than 10.22m2

For 1 person (aged under 10 years) not less than 4.64m2

Meeting the standards outlined here will also ensure compliance with The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018.

Bedsits - minimum sizes where kitchen facilities are located within bedrooms.

The room sizes given in this section apply to usable and available space

All rooms should have a ceiling height of not less than 2.14 metres.

For calculating room sizes where there are sloping ceilings, often found in attic rooms, only those parts of the room where the ceiling height is greater than 1.5m counts and at least 75% of this area must have a ceiling height of at least 2.14 metres.

3.1 BEDROOMS

Shared House - minimum bedroom sizes where kitchen facilities are shared.

3.0 ROOM SIZES

Room use No. of persons Floor area

Where no additional communal living space is provided

1 Person 13m²

Where adequate* communal living space is provided

1 Person 10m²

Where no additional communal living space is provided

2 Person 19m²

Where adequate* communal living space is provided

2 Person 15m²

Room use No. of persons Floor area

Where no additional communal living space is provided

1 Person 10m²

Where adequate* communal living space is provided

1 Person 6.51m²

Where no additional communal living space is provided

2 Person 15m²

Where adequate* communal living space is provided

2 Person 10.22m²

Room type Floor area

Up to 5 persons 6 - 10 persons

Kitchen 8m² An additional 1.5m² per personDining kitchen 15m²

Living room/dining space

11m²An additional 2m²

per person

4.1 BEDSITS 4.2 SHARED HOUSESThe shared kitchen must be on the same level as the unit of accommodation unless an adequately sized dining/living room is provided adjacent to the kitchen. In 3 storey properties a ground floor kitchen and shared living room of sufficient size and adequate facilities will normally be acceptable.

There must be at least 1 full set of kitchen facilities for every 5 tenants.

A safe working arrangement in the kitchen must be provided and this would include a run of units - sink/worktop/cooker/worktop.

Kitchen facilities must always be sited in a room and must not be provided on landings, in passageways etc.

Liquefied petroleum gas cookers are not acceptable.

4.0 KITCHEN FACILITIES

Facilities Requirement

Cooker 2 rings or hot plates, grill and oven

Cold Storage Fridge with freezer compartment

Worktop 1m x 0.5m

Sink Stainless steel or similar with drainer and constant adequate hot and cold water supply

Dry storage 0.16m³ of storage per person. Space must also be provided to store crockery pans, cutlery etc.

Sockets 2 singles above the worktop in addition to those for the major appliances such as the fridge, washing machine etc.

Facilities Requirement

Cooker Full size cooker with four rings or hot plates, grill and oven

Cold Storage 0.15m³ or one shelf in fridge per person & freezer compartment

Worktop 2.0m x 0.5m

SinkStainless steel or similar with drainer and constant and adequate supply of hot and cold water

Dry Storage0.16m³ of lockable and identifiable storage per person. Additional space must also be provided to store crockery pans, cutlery etc.

Sockets2 double sockets above the work surface in addition to those for the major appliances

In the table below “bathroom” is a room in which a bath or shower is provided along with a WC and wash hand basin.

Facilities must be provided in relation to the number of persons as follows:

Where the occupancy levels are above 10 persons then you should contact us for advice.

All bathrooms must be:

• Adequately heated

• Provided with mechanical ventilation and wherever possible have an openable window.

All bathrooms and toilets must be within one floor distance of any user and must not be accessed through a bedroom or other room that is exclusive to any tenant or tenants.

Bathrooms and toilets must be in a properly compartmented room and all surfaces should be impervious and easy to clean.

Bathrooms and toilets must be for the exclusive use of the occupants of the HMO e.g. they cannot be shared with any commercial part of the same premises.

Outside toilets are not permitted.

5.0 BATHROOM FACILITIES

Number of Persons Facilities Required

1-4 persons 1 bathroom

5 persons 1 bathroom AND 1 separate toilet with wash hand basin

6-10 persons 2 bathrooms AND 1 separate toilet with wash hand basin

There should be sufficient natural light to all bedrooms, living rooms and dining rooms. Windows should be of adequate size, shape and position. The minimum window area must be 1/10th of the room floor area.

It is advisable to have windows to bathrooms and kitchens.

All rooms, hallways and stairwells must have artificial light.

Light switches to hallways and staircases should be sited to provide a sufficient level of control. Time switches in common parts are generally acceptable provided there are adequate time intervals to allow occupants to pass safely between illuminated areas.

Heating should be affordable and must be provided in all habitable rooms and bathrooms to enable tenants to maintain a 21 degrees Celsius (oC) room temperature when the outside temperature is -1oC.

The heating must be usable at any time.

The most appropriate form of heating for an HMO is gas central heating. Where this is not feasible please contact us to discuss your intended heating arrangements.

The central heating boiler, timer and thermostat must be accessible to all tenants at all times.

Except for central heating, wherever practicable, room heaters shall be fixed to an existing chimney breast or otherwise be positioned so as to direct heat towards the centre of the room.

The use of portable paraffin or oil fired heaters and liquefied petroleum gas heaters (LPG) (Bottled Gas heaters) is not acceptable under any circumstances.

6.0 LIGHTING 7.0 HEATING

Bedrooms, living rooms and dining rooms must have windows with openable lights that are no less than 1/20th of the floor area of the room.

Even where a kitchen, bathroom or WC has an openable window you should provide a mechanical extractor fan in accordance with Approved Document F of the Building Regulations.

Where clothes drying facilities (whether tumble driers or drying cabinets) are provided, these must be vented direct to the external air or should be condensing driers.

The gas and electricity meter, along with the consumer unit, should be accessible to all tenants at all times.

All gas appliances must be tested annually and a Gas Safety Record provided.

The electrical installation should be inspected and tested every 5 years by a suitably qualified and competent electrician

An adequate number of suitably located power sockets are to be provided including a minimum of 2 double sockets in bedrooms and living rooms, in addition to any dedicated sockets used for specific appliances. (Also see requirements for Kitchens Facilities).

8.0 VENTILATION 9.0 GAS AND ELECTRICALINSTALLATION

All HMOs are subject to an assessment under the Housing Health and Safety Rating System, and must comply with the Regulatory Reform (Fire Safety) Order 2005 and Lacors Fire Guidance 2008.

The Regulatory Reform Order is enforced by the West Yorkshire Fire & Rescue Services and requires that the ‘responsible person’ carry out and regularly review a fire risk assessment of the premises. This will identify what is needed to prevent fire and keep people safe.

Some of the measures that will form part of your risk assessment will include:

• A fire detection system installed to BS5849 part 6

• Emergency lighting to BS 5266-1:2016

• A protected route of escape formed by:

• Half hour fire doors to all habitable rooms, cellars, kitchens and utility rooms which enter directly on the stairwell

• Signage in the route of escape

• Thumb turn mortice locks to bedrooms and final exit doors

• Fire blankets to all kitchens to BS6575:1985

If you don’t have the expertise or time to do the fire risk assessment yourself you’ll need to appoint a ‘competent person’ to help, e.g. a professional risk assessor. If you’re not sure if your risk assessment has been carried out properly the West Yorkshire Fire Service might be able to give you advice although they can’t carry out risk assessments for you.

Further information can be obtained from www.gov.uk/workplace-fire-safety-your-responsibilities/fire-risk-assessments

10.0 FIRE PRECAUTIONS

All external doors must be of sound construction and well maintained and should be fitted with a suitable viewer.

Final exit doors must be provided with a secure mortice type lock which must be capable of being opened from the inside without the use of a key.

Where electronic door entry systems are provided, these must be in good working order and regularly maintained.

Where necessary or appropriate, pedestrian routes to the main entrance of the property should be fitted with adequate security lighting.

11.0 SECURITY

There must be suitable and sufficient provision for the storage and disposal of household waste, in accordance with the mandatory requirements this is to comply with any scheme which is provided by the local housing authority which relates to the storage and disposal of household waste, as follows:

• There should be two standard sized “wheeled bins” for general household waste and one standard sized “wheeled bin” for recycling provided for 5 tenants. For larger properties please contact us to discuss suitable waste arrangements. Notices on the refuse collection arrangements should be placed in the common areas of the property.

There should be adequate external refuse storage areas which can be readily cleansed and these areas must be sited so as not to allow air from the store to enter any living space.

Separate waste arrangements must be made for any part of the premise used for a shop, office or any commercial use .

12.0 REFUSE STORAGE AND DISPOSAL

The Management of Houses in Multiple Occupation (England) Regulations 2006 places the following duties on the manager of the HMO:

Regulation 3 - Duty to inform the occupier of contact details including name, address and telephone number and to display this information in a prominent place in the HMO. If a landlord is regularly out of the country or away for long periods of time, a local manager should be appointed who can act on behalf of the landlord, contact details for this person should also be displayed.

Regulation 4 - Duty of the manager to take safety measures in relation to providing and maintaining the means of escape from fire and firefighting equipment and to reasonably protect the occupiers of the HMO from injury.

Regulation 5 - Duty of the manager to maintain the water supply and drainage. Water rates should be registered in the name of the landlord/manager who is responsible for paying the bills.

Regulation 6 - Duty of the manager to supply and maintain gas and electricity, including the provision of the latest gas safety certificate to the local authority when requested and the uninterrupted supply of gas and electricity. Utility bills should be registered in the name of the landlord/manager who is responsible for paying the bills. Key meters are not acceptable. The electrical installation should be inspected and tested at intervals not exceeding five years by a person qualified to undertake such inspection and testing;

Regulation 7 - Duty of the manager to maintain common parts, fixtures, fittings and appliances including stairs, banisters, floor coverings, windows, lighting, shared appliances, yards, gardens and boundaries. Common parts must be kept free from obstruction, clean and in good order & repair.

Regulation 8 - Duty of the manager to maintain living accommodation and any furniture, fittings and appliances provided by the landlord.

Regulation 9 - Duty to provide waste disposal facilities suitable for the number of people occupying the HMO.

Regulation 10 - Duties of occupiers to reasonably co-operate with, not to hinder or frustrate the manager in performance of his duties; to provide information reasonably requested by the manager for the purpose of carrying out his duties; take reasonable care to avoid causing damage; properly dispose of rubbish; and comply with reasonable instructions regarding the means of escape from fire, prevention of fire and the use of fire equipment.

13.0 MANAGEMENT OF HMOS

Electrical Appliances and Installations

All works to the electrical installation shall be carried out by a properly qualified engineer and must comply with the following:

The Electrical Equipment (Safety) Regulations 1994

These regulations apply to the supply of electrical equipment with a working voltage of between 50 and 1000 volts A.C. or between 75 and 1500 volts D.C. This imposes a duty on landlords and managers to ensure that they are ‘safe’ as defined by section 19 of the Act, so that there is no risk of injury or death to humans or pets or risk of damage to the property.

These regulations cover all mains voltage household electric goods including cookers, kettles, toasters, electric blankets, washing machines, immersion heaters etc. The Act also requires that if any equipment is supplied with any particular characteristic, suitable information or instruction booklets should be provided.

Plugs & Sockets (Safety) Regulations 1994

These regulations require that where any plug, socket or adaptor supplied for intended domestic use, that it complies with the appropriate current standard and specifically that:

• The live and neutral pins on the plugs are part insulated so as to prevent shocks when removing plugs from sockets; and

• All plugs are pre-wired.

Electricity at Work Regulations 1989

These regulations require the testing of portable appliances (PAT testing) provided within the common areas of the property, e.g. kettles, toasters etc.

Gas Supply and Appliances

All works to the gas installation and gas appliances shall be carried out by an engineer registered on the Gas Safe Register. All gas pipe work, appliances and flues must be tested by a registered Gas Safe Engineer every 12 months. You must keep a copy of the Gas Safety Record for 2 years and issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in. A copy of the Gas Safety Record can be provided within the common areas.

Loft Cellar/Rooms

Loft spaces and cellars are unsuitable for use as living accommodation unless proper Building Control & Planning Permission have been obtained. These spaces may require extra works in order to comply with these standards and the Housing Act 2004.

Attic rooms and loft rooms should have a minimum room height of 2.14 metres over at least 75% of the habitable floor area. Any floor area where the ceiling height is less than 1.5 metres will not count towards the habitable floor space.Cellar rooms should have a minimum room height os 2.14 metres,

Furnished Lettings

All furniture provided in connection with the letting shall comply with The Furniture & Furnishings (Fire) (Safety) Regulations 1988.

14.0 OTHER RELEVANT LEGISLATION

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