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Guidance on the Mandatory Licensing of Houses in Multiple Occupation

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Licensing Conditions

In order to ensure consistency in the operation of mandatory licensing throughout Scotland, it is desirable that local authorities should use comparable conditions in considering whether to approve applications for licenses. There should be similar arrangements for similar sorts of properties, with some flexibility across different types of HMO. Although the conditions described below do not have statutory force, their application by local authorities will establish a reasonable standard for HMOs. However, local authorities should be aware that they have discretion in using these standards and may, for instance, want to vary them in particular circumstances. Their legal responsibility is to apply reasonable conditions when considering whether to grant licences.

The conditions fall into two groups, covering the key areas for approval of an HMO licence. The first, which is called Benchmark Standards, covers the standards of accommodation and safety. These deal with space, kitchens, sanitary facilities, space heating, lighting and ventilation, fire safety, electrical safety and general standards. In order that these can be as useful as possible to the local authority staff inspecting HMOs, they go into considerable technical detail.

The second set of standards deals with tenancy management issues, which must also be taken into account when considering applications for licences or renewals.

This guidance does not look at planning conditions, which different local authorities can apply in different ways. A council may have a planning policy that seeks to protect the amenity of a particular area by limiting the number of HMOs.

In the case of existing buildings, a planning authority could require a planning application to be made if they felt the change in the level of occupancy of a property constituted a material ‘change of use’ of the property. Circular 1/1998: The Town and Country Planning (Use Classes)(Scotland) Order 1997 gives guidance as to what changes in occupancy level would and would not constitute a material change of use in the case of houses. Where there are more than five residents in a house, who are not living together as a family, the premises do not fall into Class 9: Houses (apart from certain small guesthouses). This does not cover flats; as far as they are concerned, it is for local authorities to decide if they wish to have multiple occupancy size thresholds and what those thresholds should be.

Local authorities may wish to take account of this guidance in making planning decisions. It should be noted that, since every licence application has to be considered on its own merits and on the basis of reasonable conditions, the licensing system should not be used to establish quotas in particular areas, although the impact of a particular HMO on the amenity of an area could be taken into account when considering an application.

In addition to the standards that follow, it should also be borne in mind that, where an application for planning permission is required, a licence should not be granted unless it has been established that the HMO has received planning permission. All relevant conditions must be assessed before a licence is granted.

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