30/12/2022
Basic HMO Regulations | Not Just Your Ordinary Buy to Let
You can make a lot more money by letting out your properties rooms separately, rather than as one entire property. There are additional costs, which can be covered in a different post - but more importantly there are more regulations that you have to follow! Here are some of them. Please note that individual councils may adjust the rules and regulations for HMO's in your area.
Minimum Room Sizes
If you have a HMO, the minimum room size for a person is 6.52 meters squared. So when you are viewing a property that you might think is a good HMO, don't count the number of bedrooms. Count the number of potential bedrooms that are over 6.52 meters squared.
Licences
You need a HMO licence if all of the following apply:
It is rented to 5 or more people
they share facilities like a toilet, bathroom or kitchen
at least one of the tenants pays rent (including if their employer pays it for them).
Some councils also have a 'Selected Licensing Scheme', which requires a licence in other bespoke circumstances.
A HMO licences are valid for a max of 5 years.
Other requirements
Send the council an updated gas safety certificate each year.
Install and maintain smoke alarms (you can include in the tenancy agreement that the tenant has responsibility to change the batteries, and to inform you if anything is not working as it should).
The council may add other conditions to your licence, for example improving the standard of your facilities. They will let you know when you apply for the licence.
The fines for renting out an unlicensed HMO are not capped (they can be unlimited).
Article 4 Areas
There are a growing number of areas that are 'Article 4 Areas'. These are areas where Planning permissions is required in order for you to turn your property into a HMO. Please note that the council decided to apply Article 4 in that area. Thus, they have some reason why they are against having additional HMO's in the area. They are therefore unlikely to grant planning permission in such an area. Planning permission is completely separate to Licences. You need both planning permission and a HMO licence to set up a new HMO. If Article 4 is not present in an Area then you can convert a property to a HMO as part of 'Permitted Development Rights' (you are therefore guaranteed planning permission) - but still need to abide by the wider HMO regulations.
Fire Regulations
HMO's require a Fire Risk Assessment according to the Health and Safety Rating System. A competent individual can perform this 'Fire Risk Assessment', that can theoretically be you, your managing agent or a qualified agent. But you should consider if you are qualified.
Fire Doors
HMO's require fire doors. They need to be "30-minute" fire resistant, which means that they can contain a fire for 30 minutes. They also need to be self-closing. That means that the doors close themselves.
Escape Windows
A fire escape window is an unobstructed window that allows escaping from the property in an event of an emergency.
According to the Hertsmere Council an escape window is defined:
"The window must have an unobstructed openable window area that is at least 0.33msq with at least the width or height dimension being a minimum of 450mm.
The bottom of the openable area (window cill level) must be not more than 1100mm, and not less than 800mm above floor level.
Windows are suitable for means of escape where the drop from the window to ground level is one storey only (not exceeding 4.5m from first-floor level to outside ground level).
Note: The ground below the windows must be flat and free from hazards (low walls, railings etc).
Where security is provided on windows, means of the opening must be readily available within the room.
Where primary access to a sleeping room is through a high-risk room (i.e. communal, kitchen or living room) an alternative suitable means of escape must be provided via a door or escape window directly to the outside."
Escape Routes
Escape routes need to be factored into account from all rooms, and they need to be free from obstructions.
Signs
There needs to be "Exit" signage that is used to easily identify exit routes/doors. These must be green and white with a size of 100mm x 500mm. They need to be placed above the exit door (both at the front and back of the house) - as well as on each landing level.
Fire Alarms
If there is a one or two bed HMO (where the floor areas is less than 200sqm), a grade D, Category LD3 smoke alarm system should be installed.
Grade D means they are mains powered - but with a back up battery system - alongside an interconnected wire or radio signal.
But if your HMO is above two floors you can utilise a 'Grade A' system. This is a conventional fire alarm panel, with fire alarm detectors, call points, sounders and beacons specified according ot the layout of the property.
Alternatively you can use a 'Mixed System' - this includes a combination of a 'Grade A' and a 'LD3' alarm system.
Emergency Lighting
You can use borrowed lighting in smaller HMO's e.g. street lights or torches. A smaller HMO should have floor area of less than 200sqm. Larger HMO's need a lighting system designed in compliance with the BS 5266 Part 1 standards. The lighting needs to last for three hours.
Firefighting Equipment and Facilities
It's necessary to provide fire fighting equipment that will allow tenants to put out smaller fires before they escalate. A potential good guide is to have a 'multi-risk' fire extinguisher of 13A situated in the Kitchen Area and a Fire blanket in each room used for cooking and a carbon dioxide (CO2) extinguisher near the electricity cupboard (mains).
Not following Fire Safety Regulations
You could be subject to potential jail time or arrest if you do not comply with fire safety regulations. Ultimately, a lack of fire safety could be the difference between a fatality occurring and it not occurring. At PeopleMove we strive to adhere to the above standards, feel free to get in touch if you require our assistance or property management. We do manage HMO's:
Our Services
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Check out our property management website: www.peoplemove.io
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