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Guidance on the Mandatory Licensing of Houses in Multiple Occupation

Local authorities should ensure that properties are not overcrowded. The definition of overcrowding is as set out in Part VII of the Housing (Scotland) Act 1987.

Normally sleeping accommodation will be in the form of single or double bedrooms. Details are given in Annex A, which also provides for circumstances where this is not the case. Every bedroom or living room should also be capable of accommodating at least-

a a bed; and

b a wardrobe (except where a built in wardrobe of equal size is provided); and

c a chest of drawers,

together with their associated activity spaces of the dimensions shown in Annex B.

Local authorities should seek to ensure that the following specifications are met.

2.1 Facilities

There should be:

i Sinks – one for every six people. Sinks to have integral drainers.

ii Adequate food storage for the number of occupants to be provided (lockable where requested by occupant(s)).

iii Adequate impervious work surface to be provided.

iv Where cookers are supplied – one for every six people.

2.2 Activity spaces

Cookers should be provided with the associated activity space of the dimensions shown in Annex C.

3.1 Sanitary facilities

There should be:

a one WC for every five persons. (These should be located so that if they are not on the same level as the bedrooms they are no further than the next floor up or down.)

b one bath or shower for every six people.

All persons living in the premises are to be included e.g. owner or manager where no separate exclusive facilities are provided.

3.2 Wash hand basins in toilets

Every toilet should have a washbasin within the toilet itself, or within an adjacent space providing the sole means of access to the toilet. The watercloset and washbasin should also be separated by a door from any room or space used wholly or partly for the preparation or consumption of food.

3.3 Water Supply

Hot and cold supplies should be suitable and sufficient for purposes.

3.4 Drainage

A building should be provided with a safe and hygienic drainage system in compliance with the relevant British or European Standards.

3.5 Location

Every bedroom should be located so that it is not necessary to pass through another bedroom in order to reach a bathroom, watercloset compartment, or circulation space.

4.1 Provision

Each bedroom and living room should have a fixed space heating appliance or be served by a central heating system, which may include any system of warm air or underfloor heating, capable of maintaining a temperature of 18 degrees Centigrade when the outside temperature is minus 1 degree Centigrade.

4.2 Liquid Petroleum Gas(LPG)

LPG type room heaters should be prohibited.

4.3 Solid fuel

4.3a A solid fuel appliance used in space heating should be approved by the licensing authority.

4.3b Annual inspection/cleaning of chimneys/flues should be carried out and a certificate provided stating that the system is functioning properly.

4.3c A solid fuel appliance should have a permanent supply of air either direct to the open air or to an adjoining space (including a sub-floor space) that is itself permanently ventilated direct to the open air. Air supply provided as follows will satisfy the requirement -

i Traditional open flued fire: 50% of the cross-sectional area of the throat or the flue as appropriate; or

ii Any other solid fuel appliance: a permanent air entry opening or openings with a total free area of 550 mm² for each kW of combustion appliance rated output over 5 kW.

4.4 Oil fired

4.4a An oil-fired appliance, other than a room-sealed appliance, should have a permanent supply of air for combustion either direct to the open air or to an adjoining space (including a sub-floor space) which is itself permanently ventilated direct to the open air. Compliance with Section 4 of BS 5410: Part 1: 1997 will satisfy this requirement.

4.4b An oil-fired appliance installed in a confined space should have a permanent supply of air for cooling in addition to air for combustion, either direct to the open air or to an adjoining space (including a sub-floor space). Compliance with Clause 4.4.3 of BS 5410: Part 1: 1997 will satisfy this requirement.

4.5 Gas fired

4.5a A gas-fired appliance should have an adequate supply of air for combustion. Compliance with the following British Standards will satisfy this requirement-

i for a decorative fuel-effect gas appliance, BS 5871: Part 3: 1991;

ii for an inset live fuel-effect gas appliance, BS 5871: Part 2: 1991;

iii for any other gas-fired appliance, BS 5440: Part 2: 1989.

4.5b A gas-fired appliance installed in a confined space should have an adequate supply of air for cooling in addition to air for combustion. Compliance with BS 5440: Part 2: 1989 will satisfy this requirement.

4.5c Annual certification that installed gas systems have been examined by a qualified person (CORGI registered), that they are functioning properly and ventilation is adequate should be provided.

4.6 Extract fans

Where an extract fan is fitted in the same room (or in an adjoining room) as an open-flued combustion appliance a spillage test should be carried out to ensure the combustion appliance is operating safely. Testing to the following guidance will satisfy this requirement -

4.6a for a solid fuel appliance, BRE Information Paper IP 7/94; (NOTE: An extract fan should not be fitted in the same room as an open-flued solid fuel appliance.)

4.6b for an oil-fired appliance, Clause 4.4.7 of BS 5410: Part 1: 1997 and OFTEC Technical Information Note TI/112; and

4.6c for a gas-fired appliance, Clause 4.3.2.3 of BS 5440: Part 1: 1990.

5.1 Natural lighting

Every bedroom and living room should have a window or windows of an aggregate glazed area equal to at least 1/15th of the floor area of the apartment and situated in an external wall or roof, or in a wall between the room and a conservatory.

5.2 Ventilation

Every bedroom and living room should have a window or windows with an opening area equal to at least 1/30th of the floor area of the apartment and situated in an external wall or roof, or in a wall between the room and a conservatory. Kitchens, bathrooms, and waterclosets should either have natural ventilation (with a window or windows with an opening area equal to at least 1/30th of the floor area) or adequate mechanical ventilation.

5.3 Artificial lighting

There should be an electric lighting system providing at least one lighting point to every circulation space, bedroom, living room, kitchen, bathroom, watercloset compartment and other space having a floor area of 2 square metres or more. Any lighting point serving a stair within an HMO should have controlling switches at each storey.

In order to ascertain the adequacy of the existing fire precautions within an HMO, a risk assessment should be carried out by or on behalf of the prospective licensee to establish both the risk of fire occurring and the risk to people in the event of fire. This would apply to everyone using the HMO and should take adequate account of any disabled people with special needs. The fire precautions recommended for all HMOs include

• means of detection and giving warning in case of fire;
• the provision of means of escape;
• the means of fighting fire; and
• the formulation of an emergency plan.

Experience has shown that the following essential elements should form the basic requirements for active and passive fire precautions in houses of multiple occupation with, of course, scope for flexibility in achieving the desired fire protection being available.

6.1 Detection and giving warning in case of fire

An HMO with more than six residents should be provided with a suitable fire detection and alarm system complying with BS 5839: Part 1: 1988: Type L2. An HMO with up to six residents should be provided with either a suitable fire detection and alarm system complying with BS 5839: Part 1: 1988: Type L3, or a system as set out in Annex D.

6.2 Means of escape from HMOs which are flats or maisonettes

a An HMO which is a flat or maisonette with a storey at a height of more than 4.5 m should be planned so that either:

i it is provided with an exit through a door other than its main entrance; or

ii all living rooms and bedrooms are entered directly from a circulation space enclosed in fire resisting construction having 30 minutes fire resistance (integrity and insulation) and any door in the enclosures should be a fire door with 30 minutes fire resistance (integrity), and the distance to be travelled from any door of any living room or bedroom to the exit is not more than 9 m;

or

iii the distance to be travelled from any point within the HMO to the exit is not more than 9 m and the direction of travel is away from cooking facilities; or

iv sleeping accommodation, and that part of the circulation area which serves the sleeping accommodation and the exit to the flat, is separated from any other living room or kitchen by a construction providing at least 30 minutes fire resistance (integrity and insulation); and

b Where an HMO is within a building and only has a single escape route which relies upon a common stair, then there should be a lobby enclosed by walls having 30 minutes fire resistance (integrity and insulation) within the HMO which protects access to that escape route, if:

i there are more than 10 residents, or

ii there are more than 6 residents and any storey in the building is at a height of over 7.5m, or

iii there are 6 or less residents and:

Doors in the wall should be fire doors and have 30 minutes fire resistance (integrity).A lobby is not required on the top storey of a building. [The lobby may be the same as the circulation space required to be enclosed under paragraph ‘c.ii’ below.]

Doors in the wall should be fire doors and have an adequate degree of fire safety (integrity only). [If a circulation space enclosed with fire resisting construction is required, and a lobby is provided with the fire safety required under paragraph ‘a.ii’ above or a lobby with fire resistance is provided under paragraph ‘b’ above, then the fire doors need not have more than 30 minutes fire resistance (integrity).]

6.3 Means of escape from HMOs which are not flats or maisonettes

In an HMO which is not a flat or maisonette and which has a storey at a height over 4.5m:

6.4 Means of escape from all HMOs which are in basements

In this context a basement storey is one which is below the lowest storey in which there is an entrance from the level of the adjoining ground.

6.5 Means of escape from all HMOs –Emergency escape windows

A suitably designed and located emergency escape window situated in an external wall or roof should be provided in every bedroom or living room in an upper storey at a height of not more than 4.5m above ground level. This can be achieved by a window or a door (French window) having an unobstructed openable area that is at least 0.33m² and at least 450 mm high and 450 mm wide (the route through the window may be at an angle rather than straight through). The bottom of the openable area should not be more than 1100 mm above the floor.

6.6 Means of escape from all HMOs –External escape

Where the escape from an HMO involves an external stair, balcony or flat roof, it should not be threatened by fire or smoke issuing from any door, window or ventilator in the proximity of the escape route.

6.7 Means of escape from all HMOs –Fire doors

A fire door in an HMO should be self-closing.

It may well be that existing solid timber doors, if well fitting, will provide the equivalent of 30 minutes fire resistance (integrity).

6.8 Internal Linings

In an HMO all circulation areas and all kitchens should have walls and ceilings which are no worse than Class 1 for the surface spread of flame as set out in BS 476: Part 7: 1987.

6.9 Ventilation and heating

If an HMO has a storey at a height of more than 4.5 m or has a basement storey and is provided with a system of ducted warm air heating it should be designed to reduce the risk of fire and smoke spread (see Annex F). Where a mechanical ventilation system is provided in an HMO with more than six residents the system should be designed to reduce the spread of fire and smoke (see Annex G).

6.10 Emergency lighting

In any HMO with two or more storeys and more than six people, the escape routes within the HMO should be provided with adequate emergency lighting.

6.11 Fire-fighting equipment

The most useful form of fire-fighting equipment for general fire risks is the water-type extinguisher. One such extinguisher should be provided for approximately each 200 square metres of floor-space, with a minimum of one per floor. Extinguishers should normally be located in conspicuous positions on escape routes preferably near exit doors.

The local fire authority can advise on areas of special risk which may need carbon dioxide, dry powder or other types of extinguisher. In any case a light duty fire blanket should be provided in each communal cooking area.

6.12 Fire safety management

The adoption of proper fire safety management practices is required including the regular maintenance of fire safety equipment and systems and the giving of fire safety instructions to all residents and employees. Information on this and other related fire safety matters can be obtained from guidance contained in:

Fire Safety – an employers guide (ISBN 0-11-341229-0)

7.1

At least once every three years certification should be provided that installed system and any appliances provided by the landlord have been examined by a competent person, are functioning properly and are safe.

7.2

There should be a minimum of –

• in each kitchen, 6 socket outlets;
• in each bedroom and living room, 4 socket outlets; and
• anywhere in the building, 4 additional socket outlets.

8.1 Handrails

Every stair for a change in level of more than 600 mm should have a handrail on at least one side, fixed at a height of at least 840 mm and not more than 1 metre above the pitch line of a flight or surface of a landing.

8.2 Clothes Drying

Suitable arrangements internally or externally should be provided for drying of clothes, bedding, etc.

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