July 2015 HMO definitions Planning requirements HMOs for licensing purposes Fire Safety Space and Amenities Hazards & management standards Essential 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 Planning 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 2014 All HMOs need appropriate 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 ‘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 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 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 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 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