Converting a Residential House into a HMO in the UK
When it comes to converting a residential property into a House in Multiple Occupation (HMO) in the UK, there are a number of legal and regulatory requirements that must be adhered to in order to ensure compliance. Failure to comply with these requirements can lead to significant penalties, including fines and even imprisonment. In this article, we will outline the most common compliance issues that landlords face when converting a residential property into a HMO, and provide guidance on how to avoid them.
Planning Permission
One of the first things that landlords need to consider when converting a residential property into a HMO is whether planning permission is required. In most cases, planning permission will be required if the property is going to be converted into a larger HMO that will accommodate more than six people. This is because larger HMOs are classified as ‘sui generis’ properties, which means that they do not fall under the normal use classes for residential properties. As such, planning permission will be required from the local council.
Fire Safety Regulations
Fire safety regulations are a key consideration when converting a residential property into a HMO. Landlords must ensure that the property is compliant with the Regulatory Reform (Fire Safety) Order 2005, which sets out a range of fire safety requirements for HMOs. These include:
- Ensuring that the property has adequate fire detection and warning systems, such as smoke alarms and fire extinguishers
- Ensuring that escape routes are clear and unobstructed
- Ensuring that fire doors are fitted where required
- Ensuring that any gas or electrical appliances are safe and regularly maintained
- Ensuring that any furniture provided is fire-resistant
It is important that landlords carry out a fire risk assessment of the property to identify any potential fire hazards and to put in place measures to mitigate the risk of fire.
HMO Licensing
In most cases, landlords will need to obtain an HMO licence from their local council before they can operate a HMO. The licensing requirements vary depending on the size and type of HMO. For example, in some areas, an HMO licence may be required for properties that are occupied by three or more unrelated individuals, while in other areas, a licence may only be required for properties that are occupied by five or more individuals. The licence will typically need to be renewed every five years.
Health and Safety
Landlords must also ensure that the property is compliant with a range of health and safety regulations. This includes ensuring that the property is free from hazards such as damp and mould, ensuring that the property has adequate heating and ventilation, and ensuring that any gas or electrical appliances are safe and regularly maintained.
Tenant Selection
Landlords must also be careful when selecting tenants for their HMO. They must ensure that they comply with the Equality Act 2010 and do not discriminate against potential tenants on the basis of their race, gender, religion, sexual orientation or disability. They must also ensure that they carry out appropriate background checks, such as credit checks and references, to ensure that potential tenants are suitable for the property.
Conclusion
Converting a residential property into a HMO can be a complex process, and landlords must ensure that they comply with a range of legal and regulatory requirements. Failure to comply with these requirements can lead to significant penalties, including fines and even imprisonment. By following the guidance outlined in this article, landlords can ensure that they avoid common compliance issues and operate their HMO in a legal and compliant manner.
