HMO definition

The legal definition of a house in multiple occupation is complicated but as a general guide it is a building or part of a building, for example a flat, which is either:

• occupied by more than one household (family) and where these household share either a bathroom, cooking facilities or a toilet (W.C.)
• self-contained flats that do not meet the 1991 Building Regulations

A building (or part of a building, converted into self-contained flats) is a house of multiple occupation (HMO) defined under section 257 of the Housing Act 2004 (section 257 HMO) if:

The building is occupied by three or more people from two or more households. The appropriate building standards are: The Building Regulations imposed at the time that the building was converted; unless the building work was completed before the 1 June 1992, in which case they are the Building Regulations 1991.

All of these also need to apply:

• the building work undertaken in connection with the conversion did not comply with the appropriate building standards and still does not comply with them
• fewer than two thirds of the flats are owner-occupied
• a self-contained flat is a separate set of premises within a building in which a toilet, personal washing facilities or cooking facilities are available for the exclusive use of its occupants

Notes

There is currently no requirement for section 257 HMOs to be licenced within Central Bedfordshire.

Flats within section 257 HMOs that are occupied by five or more unrelated persons sharing facilities will be required to obtain an HMO licence.

The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 apply.