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HOUSES IN MULTIPLE OCCUPATION: A GUIDE FOR LANDLORDS
LINKS BETWEEN HMO LICENSING AND OTHER REGULATION
If you are the landlord of an HMO, you may be subject to other forms of control or regulation, in addition to HMO licensing. The following sections briefly outline the most common types of regulation which may apply. Each one is there to control different aspects of the HMO operation and its impact on tenants or neighbours, and approval of one aspect does not necessarily mean you will receive approval for another. You are responsible for making sure that you comply with all the relevant requirements. Enforcement action can be taken against you if any one requirement is not met
Planning
The planning system guides the future development and use of land in cities, towns and rural areas in the long term public interest. The aim is to ensure that development and changes in land use occur in suitable locations and are sustainable. Changes in the occupancy levels of flats or houses can constitute "development" as defined in the Town and Country Planning (Scotland) Act 1997, and may therefore require planning permission. Each area has a development plan to guide the future development of that area and provide policies covering key land uses including the location of housing. Some local authorities have local plan policies which seek to control the development of HMOs in particular areas.
You should contact the local authority planning department to check whether you need to apply for planning permission for your HMO. You may need to apply for retrospective permission even if the property has been used as an HMO for some time.
Building standards
If you need to carry out any building works to make your property suitable for use as an HMO, you may require a building warrant. Even if a warrant is not required, the work may still have to meet Building Regulations. You should seek advice from the local authority's building standards officers.
Fire safety
Fire officers are involved in checking that each HMO meets the required standards in terms of fire safety. However, the fire authority also has responsibility for the enforcement of fire safety requirements under a variety of other legislation applying to workplaces, hotels and licensed premises. If your HMO also falls into one of these categories, more stringent fire precautions may be required for that other use than would be the case for an unstaffed, purely domestic HMO.
Scottish Commission for the Regulation of Care (the Care Commission)
The Care Commission is the regulator for care and support services across the whole of Scotland. It was established by the Regulation of Care (Scotland) Act 2001, and took over the registration and inspection of care services from local authority social work departments and health boards. If you provide any form of care or support to the residents of your HMO, you may require to be registered with the Care Commission.
Services are categorised according to their function and purpose, and are assessed in relation to National Care Standards for each category. Accommodation is exempt from HMO licensing when it is provided as part of a service in one of the following categories:
- Care home services
- Independent health care services
- School care accommodation services
- Secure accommodation services
These types of service are always provided in dedicated accommodation, and the National Care Standards include physical standards for the accommodation and requirements as to service providers' rights and responsibilities while occupying that accommodation.
Other categories of care or support services are not necessarily provided in dedicated accommodation. In these cases the Care Commission regulates the service, and the standards of accommodation and tenancy management are, where appropriate, controlled by HMO licensing.
If you think you may need to register with the Care Commission, you should initially contact their local office. A list of contact details is available on the Commission's website at http://www.carecommission.co.uk/CareComm.Web/contact.aspx
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