HMO Legislation 2010

Frequently asked questions relating to the new legislation on Houses in Multiple Occupation
Please be aware that this 'may' change under the new coalition Government.

On and after 6 April 2010, changes implemented by The Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 will mean that in certain circumstances, a landlord wishing to let out a property may need planning permission before doing so. 

Basic information is below in relation to how the changes may apply.  YOU are strongly advised to check with the local planning authority if you have any queries regarding your property. 

Whilst this change will not necessarily affect existing HMO’s, landlords should check with the Local Planning Authority to be sure.

What is a Dwelling house?

Some changes have been made to Class C3 of the Use Classes Order which covers dwelling houses.  There are now three classifications of a dwellinghouse which fall under Class C3 (a), (b), and (c)
 

The main effect of the new use classes will be that, on and from the 6 April, in order for a property to be defined as a “dwellinghouse” it must be occupied by people who form a “single household” as defined in the Housing Act 2004.  A single household means that the occupants must all be related, such as mothers, fathers, sisters, brothers, aunts, uncles, cousins and grandparents.  A couple who are co-habiting will also form a single household under Class C3(a). There is no restriction on the number of people who live as a single household.

Class 3(b) relates to dwellings where up to 6 people are living and an element of care is provided
 

Class C3(c) relates to cases where not more than 6 people are living together as a single household where no care is provided.  This could, for example, include a landlord who shares a property with two lodgers.

What is a House in Multiple Occupation?

Essentially the new planning legislation has brought the definition of a “House in Multiple Occupation” (“HMO”) in line with the definition in the Housing Act 2004 except for a converted block of flats to which section 257 of the aforementioned Act applies.  An HMO is a house or flat occupied by 3 or more people who rent a property and are not related and share a kitchen, bathroom or toilet.

Where between 3 and 6 unrelated people, who satisfy the criteria of an HMO referred to above, live in a property and share one or more basic amenities the property will be classed under a new Use Class C4.

More than 6 unrelated people living in a property who share basic amenities is classified as a sui generis use