Community and Enterprise Resources
Fleet and Environmental Services
Houses in Multiple Occupation
You can complete this licence for a House in Multiple Occupation form in Adobe Acrobat and print
it out, or print it and complete it by hand, using block capital letters. This form requires to be signed
so please print out, sign and return the form along with your remittance to: South Lanarkshire
Council, Environmental Services, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB.
If you need this information in another language or format, please contact us to discuss how we
can best meet your needs. Phone 0303 123 1015 or email equalities@southlanarkshire.gov.uk.
Licence Application Guidelines
Before lodging your application for a licence for a house in multiple occupation (HMO),
please ensure that you have read the following guidance notes.
1.
You should note that a licence for a house in multiple occupation will be required for
houses/premises where there are more than 2 persons living together who are not all members
of either the same family or of one or other of two families.
The Council will reach a decision as quickly as possible on each application for licence.
Applicants however are advised to make their application twelve months before the date
required.
2.
A licence is required for each house in multiple occupation. A house includes any part of a
building, which is occupied as separate dwelling. Houses within a building, which are occupied
as a separate unit, shall be taken to form part of a single house if residents occupy the house
as their main residence and share use of a sanitary convenience or personal washing or
cooking facilities.
3.
The lodging fee for application for licence is as follows with respect to each house:
Details
3 to 5 persons
6 to 10 persons
11 to 20 persons
21 to 30 persons
31 to 40 persons
41 to 50 persons
51 to 75 persons
76 to 100 persons
101 to 200 persons
201 persons and over
Total Charge
£307.66
£357.51
£453.30
£541.05
£640.76
£738.35
£971.75
£1204.12
£2152.54
£3099.94
A licence will be valid for one year and the fee payable when the application is lodged and
non-refundable.
4.
Four copies of a plan prepared to a professional standard to a scale of 1:50 together with a
location plan and a plan showing a Section through the building must accompany each
application. This plan shall be annotated to provide information on the use of rooms,
sanitary and personal washing facilities, kitchen facilities and fire safety precautions within
the HMO. Where a licence is to be granted the applicant shall provide the Council with a
final version of the plan for the premises which will then be endorsed by the Council as the
“licence plan”. This is not necessary if there has not been any alterations to the premises
in the licence year.
5.
The public notice enclosed with the application form must be completed and displayed at or
near the HMO where it can be easily ready by the passing public in the street, for a period
of 21 days, starting on the day the application is lodged with Environmental Services. The
Certificate of Compliance enclosed with the application form requires to be completed and
returned to Environmental Services following the expiry of the 21-day period of display.
6.
The requirement relating to a public notice does not apply to applications in relation to a
House in Multiple Occupation used as a women’s refuge as defined in Housing (Scotland)
Act 2006.
7.
A copy of each tenancy agreement.
8.
An application for licence will not be granted unless the Houses in Multiple Occupation has
Planning and Building Standards Consent or a Certificate of Lawfulness or the
house/premises do not require consent to operate as a House in Multiple Occupation.
Checklist of items to be provided with the application form
(Tick those items enclosed)
Four plans of the premises to a 1:50 scale
Copy of the lease or other tenancy agreement
Copy of inventory of furnishings etc where applicable
Copy of written explanation of deposit scheme where applicable
Copy of style of rent book/rent receipts issued to tenants where applicable
Gas Safety Certificate where applicable
Electrical Safety Certificates covering installed electrical systems and electrical
Appliances
Proof of Building Insurance cover
Proof of Property Owner’s Liability Insurance
Where appropriate copies of Planning consents and/or Building Warrant completion
Certificates for the premises
Application Fee (non-returnable)
Community and Enterprise Resources
Fleet and Environmental Services
Housing (Scotland) Act 2006 – Part 5
Application for a licence for a House in Multiple Occupation
1. Applicant details
First name/family name
Email address
Main telephone number
Other telephone number
Are you applying as a business/organisation
Yes
No
If yes, go to ‘Your business’ section below
Your address, including postcode
Your business
Is your business registered in the UK with Companies House?
Yes
No
If yes, complete Registration number
Is your business registered outside the UK?
Yes
No
If yes, complete Registration number
Business name
VAT number
Legal status (sole trader/partnership/limited company/charity etc)
Your position in the business
Business address, including postcode
2. Further details about the applicant
Are you applying as an individual?
Yes
No
If no, go to section 3
Former name(s)
Home address (if different from section 1)
Date of birth
Place of birth
Do you own the property?
Yes
No
Do you personally manage the property?
Yes
No
3. Directors, partners, owners and managers
You must provide details of all company DIRECTORS (if the business is a company), all
PARTNERS (if it is a partnership), OWNERS of the business or premises and all those
responsible for MANAGEMENT of the business, including day-to-day management of the
premises.
Please check local guidance notes and conditions for clarification of exact requirements.
Does the business have any directors, partners, owners or managers (including owners and dayto-day managers of the premises) in addition to the person named in section 1?
Yes
No
If no, go to section 4
Position (e.g. director, partner, day-to-day manager)
Full name
Former name(s)
Home address
Email address
Main contact telephone number
Other telephone number
Date of birth
Place of birth
Please state the person with day to day management of the HMO. (Give full name, address and
date of birth of the employee or agent so engaged)
Full name
Address
Date of birth
4. Type of application
New
Renewal
If new, go to section 5
Existing licence number
Expiry date of existing licence number
5. Premises/property details
Name of premises
Address
Maximum number of people to be accommodated at the premises at one time
Type of premises
Detached house
Terrace house
Flat – residential block
Other
Semi-detached house
End-terrace house
Flat – mixed-use block
Please provide details
Which storey is the flat on?
Number of storey’s in the building altogether?
Details of the fire detection/alarm system in the premises
Please provide details about each room in the premises including details of the facilities
provided
Bedrooms/bed-sitting rooms
Number
Details of each room
Bathrooms/WCs
Number
Details of each room
Kitchens
Number
Details of each room
Living/shared rooms
Number
Details of each room
6. Previous applications
Have you, or any person names in or associated with this application, previously applied for a
similar registration or licence? (Please tick all that apply)
No
If no, go to section 7
Yes – application granted
Go to section 6.1
Yes – granted and revoked
Go to section 6.2
Yes – application refused
Go to section 6.3
6.1
Local authority applied to
Date of licence/registration
Number of licence/registration certificate
Expiry date
Add another licence/registration?
Yes
No
If yes, questions will be repeated
6.2
Local authority applied to
Date of licence/registration
Number of licence/registration certificate
Date licence/registration revoked
Circumstances resulting in revocation
Add another?
Yes
No
If yes, questions will be repeated
6.3
Local authority applied to
Date of application
Circumstances of refusal
Add another refusal?
Yes
No
If yes, questions will be repeated
7. Convictions
Have you, or any person named in or associated with this application been convicted of any
criminal offence?
Yes
No
If no, go to section 8
Please provide details – subject to the Rehabilitation of Offenders Act 1974
All unspent crimes must be declared unless stated otherwise in local guidance notes
Name of person
Date
Court
Offence
Penalty/sentence
Add another conviction?
Yes
No
If yes, this section will be repeated
8. Additional details
Please provide any additional information which is required or relevant to your application
(remember to check local guidance notes and conditions for requirements in your area)
9. Landlord registration and planning permission
Are you a registered landlord with South Lanarkshire Council for this address?
Yes
No
Date of registration
Are you registered for other premises in South Lanarkshire?
Yes
No
Provide details
Do you have planning permission for the premises?
Yes
No
Provide details
Standard declaration and signature section
I am aware of the provisions Housing (Scotland) Act 2006 and I apply for a licence for a House in
Multiple Occupation
I have enclosed a copy of the certificates referred to in the supporting documentation.
The licence fee:
Signature
Date
Standards for houses in multiple occupation
1.0
Space Standards
1.1
The space standards and occupancy of each room within the house shall be based on the
use made of the room.
1.2
A bedroom where there is a common living and kitchen available.
1 adult
2 adults
3 adults
Over 3 adults
2 adults plus Children Under 10
1.3
A bedroom where there is no common living room available. A common kitchen is
available.
1 adult
2 adults
3 adults
Over 3 adults
2 adults plus Children Under 10
1.4
10 sq. metres
15 sq. metres
19.5 sq. metres
19.5 sq. metres plus 6 metres per person over 3
10 sq. metres plus 7 sq. metres per child
A bedroom which is also provided with a cooker. A bedroom with cooking facilities is not
suitable accommodation for children.
1 adult
2 adults
1.5
6.5 sq. metres
10.5 sq. metres
16.5 sq. metres
16.5 sq. metres plus 4.5 metres per person over 3
10 sq. metres plus 4.5 metres per child
13 sq. metres
19 sq. metres
A communal living room, excluding any area used as a kitchen.
3-5 persons
6-10 persons
11-15 persons
11 sq. metres
16.5 sq. metres
19.5 sq. metres
Where meals are not provided for occupants an adequate kitchen area shall be provided for
the facilities required by these standards for the preparation, storage and cooking of food.
1.6
All bedrooms shall be capable of accommodating a bed, chest of drawers and wardrobe
(except where built in wardrobe of equal size is provided) with the associated activity space
detailed in Annex A.
1.7
All cookers shall be provided with the associated activity space detailed in Annex A.
2.0
Kitchen Facilities
2.1
Standards 2.2 to 2.6 will apply to all houses in multiple occupation, which do not
provide all meals to occupants.
2.2
One cooker shall be provided in a communal kitchen for every 6 occupants. Each cooker
shall have 4 hot plates, oven and grill. Where any bedroom is provided with a cooker, for
the sole use of the occupants of that room, these persons will be discounted in determining
how many cookers require to be provided in a communal kitchen. All cookers shall be
provided with the associated activity space detailed in Annex A.
2.3
One sink with a drainer shall be provided for every 6 occupants. Every sink shall be
provided with an adequate piped supply of hot and cold water.
2.4
The cold water supply to every sink shall be a wholesome water supply, direct form the rising
main, suitable for drinking and other domestic purposes.
2.5
Adequate food storage for the number of occupants shall be provided. The food storage will
include one refrigerator for every 5 occupants and separate individual storage for each
occupant. This individual storage shall be lockable where requested by occupant(s).
2.6
An impervious work surface, adequate for the number of occupants who will require to use
the facility, shall be provided for use in the preparation of food.
2.7
Where all meals are provided to occupants a facility shall be available for making light
snacks and hot drinks. This will include access to a wholesome piped supply of drinking
water.
3.0
Sanitary Facilities
3.1
All sanitary facilities shall be provided within the house in multiple occupation and in
calculating the number of facilities required all persons living in the premises, including
residents, staff and owners, shall be taken into account.
3.2
There shall be one water closet for every 5 persons living in the premises.
3.3
Every water closet compartment shall have a wash hand basin within the compartment itself
or within an adjacent space providing the only means of access to the water closet
compartment.
3.4
A door shall separate the water closet bowl land wash basin from any room or space used
wholly or partly for the preparation or consumption of food.
3.5
There shall be one bath or shower for every 5 persons living in the premises.
3.6
Every wash hand basin, bath and shower shall be provided with an adequate piped
supply of hot and cold water.
3.7
No communal water closet bath or shower shall be located more than one floor distant from
the bedroom of the occupants who are to make use of the facility.
3.8
Every bedroom shall be located so that it is not necessary to pass through another
bedroom in order to reach any sanitary facility or circulation space.
4.0
Space Heating
4.1
Each bedroom and living room shall have a fixed space heating appliance or a central
heating system capable of maintaining a temperature of 18°C when the outside temperature
is -1°C.
4.2
Liquefied petroleum gas (LPG) type room heaters shall be prohibited.
4.3
Use of a solid fuel appliance as space heating will require prior approval from the Council.
4.4
An annual inspection/cleaning of chimneys/flues shall be carried out and a certificate
stating that the system is functioning properly obtained.
4.5
Annual certification that installed gas fired systems have been examined by a qualified
person (Gas Safe registered), that they are functioning properly and ventilation is adequate
shall be provided and displayed as required by the Gas Safety (Installation and Use)
Regulations 1998.
4.6
The standards relating to electrical safety shall apply to any electrical heating system.
4.7
All solid fuel, oil fired and gas heating systems shall be provided with an adequate
permanent supply of air for combustion. Compliance with the current national standards and
guidance of installation and use of such heating system will meet these standards.
4.8
Where an extract fan is fitted in the same room, or in an adjoining room, as an open-flued
combustion appliance, a spillage test shall be carried out to ensure the combustion
appliance is operating safely. Verification that this standard is being met will be satisfied if
the requirements of current national standards and guidance is met.
4.9
An extract fan shall not be fitted in the same room as an open-flued solid fuel
appliance.
5.0
Lightning and Ventilation
5.1
Every bedroom and living room shall have a window or window with:
•
•
An aggregate glazed area equal to at least one fifteenth of the floor area of the room.
An opening area equal to at least one thirtieth of the floor area of the room.
5.2
Each window shall be situated in an external wall or roof, or in a wall between the room and a
conservatory.
5.3
When a window is in a wall between the room and a conservatory the glazed and opening
area of the windows in the conservatory shall be of a size to meet the one fifteenth and one
thirtieth requirement respectively for the total floor area of room and conservatory.
5.4
Kitchen, water close compartments, bathrooms and shower rooms shall either have
natural ventilation (with a window or windows with an opening area equal to one thirtieth
of the floor area) or mechanical ventilation capable of 30 litres per second.
5.5
All glazing windows in a compartment containing a water closet bath, shower or wash hand
basin shall be obscure.
5.6
There shall be an electrical lighting system providing at least one lighting point to every
bedroom, living room, kitchen, water closet compartment, bathroom, shower room, circulation
space internal stairway and other space having a floor area of 2 sq. metres or more.
5.7
Any lighting point serving a stair within a house in multiple occupation shall have
controlling switches at each storey.
6.0
Fire Safety
6.1
The fire precautions detailed below are by no means exhaustive. They do, however,
provide an indication to those applying for a licence of the responsible measures required
to ensure the safety of those residing within the HMO.
6.2
A house in multiple occupation (HMO) is more likely to be involved in a fire accident at
sometime compared to a more traditional single family type of occupancy.
The reason for this could be:
•
•
The differing lifestyles and habits of the occupants.
The lack of an identifiable head of household responsible for overall safety matters in
the house.
•
The more intensive use of electrical equipment and cooking facilities.
•
In many cases the relative inexperience of young people perhaps living away from
their family home for the first time.
6.3
To give the occupants an increased chance of escape and survival in the event of a fire, a
risk assessment must be carried out. The risk assessment will ascertain the adequacy of
the existing fire precautions within the HMO
6.4
Property Types
6.5
The extent of fire protection work required will depend upon the size and lay out of the
property plus the number of occupants residing there.
6.6
Most HMO’s will be of the following general descriptions:
•
•
•
•
Flat or Maisonette with a storey height greater than 4.5 metres.
Flat or Maisonette with a storey height less than 4.5 metres.
House with a storey height greater than 4.5 metres.
House with a storey height less than 4.5 metres.
6.7
The means of escape provision largely depends on the height of the HMO. The taller the
building the more protection the means of escape requires. If there is only one escape stair
then additional measures to protect that single means of escape may be required.
6.8
There may be more than one solution to the problem. For example, the installation of
domestic sprinklers may be acceptable where the compliance with the Building Regulations
and HMO requirement cannot be achieved. Consultation with the Fire Authority and
Building Standards, via Environmental Services will be required to identify the best solution
for means of escape etc.
6.9
Providing a Safe Means of Escape
6.10 Structural Fire Protection
In many cases structural fire precautions will be achieved by ensuring the stair is
protected by fire resisting construction that can achieve 30 minutes fire resistance.
Any doors, which give access to the stair, must also provide 30 minutes fire resistance, be
fully self-closing and be able to prevent the passage of cold smoke.
6.11 Depending on the internal layout of the HMO, further protection to the bedrooms and/or the
kitchen may be required. This is to ensure that those occupying the HMO can safely
evacuate the premises on detection of a fire.
As a design and layout of premises used for HMO’s may vary widely, specific advice will
need to be given. To obtain this advice the owner should contact the Fire Authority and
Building Control, via Environmental Services.
6.12 Fire Doors
These must provide 30 minutes of fire resistance and be fitted with a positive action selfclosing device that closes the door firmly against the rebate.
All fire doors must be fitted with combined intumescing and cold smoke seals to ensure that
smoke cannot escape around the door into the escape corridor. The doors should be
attached to the frame using heavy-duty hinges due to the extra weight of the door.
6.13 External Stairs
Should evacuation be by an external stair then that stair must be protected from fire to allow
the occupants to escape safely without them being affected by fire at a lower level.
6.14 Basements
Those HMO’s that occupy basement areas will have to provide an additional means of
escape.
6.15 Internal Wall Linings
In an HMO all circulation areas and all kitchens should have walls and ceilings which resist
the surface spread of flame. This should be more than Class 1 as set out in BS
476: Part 7: 1987.
6.16 Glazing
Any glazing on the escape route, such as borrowed lights above doorways or in
partition walls or vision panels in doors, must provide 30 minutes fire resistance.
6.17 The Escape Route
This must be kept clear of obstructions and flammable materials at all times.
6.18 Detection and Giving Warning in Case of Fire
The most important element of any fire protection scheme is the detection and alarm
system. This system gives the occupants valuable seconds in which to safely evacuate
the premises.
Again the type of system required generally depends on the number of occupants it is
designed to protect.
6.19 HMO’s with More Than Six Residents
An HMO with more than six residents should be provided with a fire detection and alarm
system that complies with BS 5839: Part 1: 1988 – Type L2. This requires smoke
detection, which protects the escape route of the premises and to any other area that
may be deemed likely to cause a fire. Break-glass call points should be provided at all
storey and final exits from the premises.
The structure and design of the dwellings within the HMO may allow the provision of a hard
wired smoke detection system that complies with BS 5839: Part 6: 1995.
6.20 HMO’s with Six or Less Residents
This type of HMO can be adequately protected by a smoke detector system that complies
with BS 5839: Part 6: 1995 as described above. All detectors with an HMO must be
interconnected so that the actuation of one detector activates the alarm element of the
remaining detectors. A suitable battery back up is also required to ensure the system
gives protection to the occupants should the mains supply to the building fail.
6.21 Emergency Escape Windows
A suitably designed and located emergency escape window situated in an external wall or
roof must be provided in every bedroom or living room in an upper storey at a height of not
more than 4.5 metres above ground level. This can be achieved by a window or a door
(French Door), having an unobstructed openable area that is at least 0.33m2
and at least 450mm high and 450mm wide. The bottom of the openable area should not
be more than 1100mm above the floor.
6.22 Emergency Lighting
If an HMO provides accommodation for more than six residents, the escape routes
including the stairway should be provided with emergency lighting with BS 5266. The light
fittings should be designed to activate on the failure of the main power supply.
6.23 Fire Fighting Equipment
The provision of the fire fighting equipment will depend largely on the size of the premises.
Fire fighting equipment is provided to allow residents to tackle a small fire to stop it
spreading, but only if it is safe to do so. Larger fires should be left for the Fire Service to deal
with and the building evacuated as quickly as possible.
As a guide, a fire blanket and a CO2 extinguisher should be provided in each kitchen area
and a water extinguisher must be provided in communal areas or hallways.
The fire blanket should comply with BS 6575 and be contained within a quick release
container and hung on the wall near the entrance to the kitchen so that residents can reach
it without going near the fire.
As part of the training identified following a fire risk assessment of the premises and its
residents, all residents must be given clear instructions on how to use the fire fighting
equipment provided and be given regular refreshers to ensure continued awareness.
Tenants should be advised that they should not interfere with the fire precautions provided.
6.24 Ventilation and Heating
If an HMO has a storey height of more than 4.5 metres or has a basement and is
provided with a ducted warm air heating system, the system should be designed to
reduce the risk of fire and smoke spread.
Similarly, where a mechanical ventilation system is provided for an HMO with more than
six residents the system should be designed to reduce the spread of fire and smoke.
6.25 Safety of Furniture and Furnishings
Many domestic fires start with soft furnishings catching fire and many deaths are
attributed to the highly poisonous fumes that are given off by the many made foams and
coverings.
All upholstered furniture and furnishings included in HMO’s must comply with the fire
resistance requirements of the Furniture and Furnishing (Fire Safety) Regulations
1988.
The Regulations apply to:
•
•
•
•
•
•
•
6.26
Beds, headboards and mattresses
Sofa beds, futons and other convertibles
Nursery furniture
Garden furniture with is suitable for indoor use
Scatter cushions and seat pads
Pillow
Loose or stretch covers for furniture
Fire Safety Management
Information on this and other fires safety related matters can be obtained from guidance
contained in:
•
Fire Safety – An Employers Guide. (ISBN 0-1341229-0) available from HM Stationery
Office.
7.0
Electrical
7.1
The minimum numbers of electrical socket outlets, which shall be provided in a house of
multiple occupation are:
•
•
•
•
4 in each bedroom
4 in each living room
6 in each kitchen
4 additional sockets anywhere in the building
7.2
Any work on the electrical installation shall be carried out in accordance with the
requirements of BS 7671: 1992 as amended. (IEE Writing Regulations 16th edition) –
“Requirements for Electrical Installations”.
7.3
Certifications that the electrical installation has been examined by a competent person, is
functioning properly and safe shall be provided at least once every three years. The
certificate for this inspection shall be in the format of the “Periodic Inspection Report for an
Electrical Installation” in BS 7671: 1992 amended.
7.3.1 Certification that the electrical appliances provided by the licence holder have been
examined shall be provided at least once every three years.
7.3.2 Occupants who may bring electrical appliances into the house in multiple occupation shall be
advised by the licence holder of the need to have the appliance examined by a competent
person.
8.0
General
8.1
All sanitary and washing facilities shall be connected to a safe hygienic drainage
system that shall be maintained in a good state of repair.
8.2
Every stair having a change in level of more than 600mm shall be maintained in a good state
of repair.
8.3
Openings in a protective barrier below any handrail shall be such as to prevent the
passage of a 100mm – diameter sphere.
8.4
Refuse containers shall be provided in sufficient numbers both internally and
externally, to meet the needs of occupants.
8.5
The refuse containers located externally shall be sited on a hard standing with suitable
access for cleaning the area and the removal of the containers.
8.6
A fixed phone suitably located within the house in multiply occupation shall be provided for
use by occupants for emergency purposes.
8.7
Suitable arrangements internally shall be provided for the drying of clothes, bedding, etc.
8.8
All parts of a house in multiple occupation, both internally and externally, shall be
maintained in a reasonable state of repair to the satisfaction of South Lanarkshire
Council, and be free from any defect liable to prejudice the health and safety of the
occupants.
8.9
All parts of a house in multiple occupation, and the fittings and furnishings, shall be kept
clean.
8.10 The Health and Safety at Work etc Act 1974, and legislation made thereunder, shall apply
to the premises where appropriate.
8.11 The Food Safety Act 1990, and legislation made thereunder, shall apply where food is
supplied as part of the occupancy agreement.
ANNEX A
NOTES
1
2
An activity space is measured at floor level.
The shaded area of an activity space may overlap only the shaded area of another activity
space