Planning Consultancy:
Homes in Multiple Occupation.
En-Plan are able to advise you on a range of building and design projects, no matter the scale of the project you proposing. The design process can be both complex and time consuming, we are here to help you through this. From initial planning appraisal to finished projects En-Plan can assist with all aspects of Houses in Multiple Occupation development from Planning Applications to Building Regulations.
Introduction
Planning permission may be needed to authorise the use of a residential property. Planning permission is required for building operations, e.g. building a new house, but it can also be required if there is a change of use from one particular type of residential accommodation to another. Residential use is not a single broad classification. Rather, residential use is broken down into different types. In this guide we outline the different kinds of residential use. Slightly different rules apply in England and Wales.
The different types of residential use
For planning purposes residential use in England and Wales can be categorised into the following types -
Single houses
Single houses are those occupied by a single person or by a family (there is no limit on the size of a family for these purposes). This will be a house, whether semi detached or detached, terraced or a bungalow. This use falls within Use Class C3.
Flats
A flat is a self contained flat and it includes flats or maisonettes on more than one floor. These are flats which are again occupied by a single person or a family (again irrespective of the size of the family). Flats and houses are treated differently for planning purposes. However, a flat which is occupied by a single person or family also falls within Class C3. Each flat in a block is treated as a separate unit for planning purposes.
Small house in multiple occupation (HMO)
A small house in multiple occupation (HMO) is a house lived in by between three and six unrelated individuals who share at least one basic amenity, i.e. kitchen, bathroom or toilet. There must be more than one household although an individual can be a single household for these purposes. The type of accommodation which falls within this category is a house occupied by a group of young professionals or students, or a small bedsit house. The definition of a small HMO is more complex than this but this gives a broad indication of what falls within this category. It is classified as Use Class C4.
Flat in multiple occupation (HMO)
This is a self contained flat which is occupied by between three and six unrelated individuals who, again, share one or more basic amenity and where there is more than one household. It also falls within Use Class C4.
Large houses in multiple occupation (HMO)
An HMO which has more than six residents will usually be treated as a use on its own (what in planning terms is called a sui generis use). It includes properties such as larger shared houses with more than six occupiers or larger houses comprising bedsitting accommodation, i.e. non self-contained units where there are more than six residents, and thsi will for a "suis generis use".
When is planning permission required if there is a change of use?
Even though the broad classification of use is residential, planning permission is required if a material change of use takes place. This can occur where use changes from one type of use as set out in the previous sections to another, e.g. where a single house is converted to flats or bedsit (non self contained) accommodation. The test is one of whether the change of use is material or not. This depends on all the circumstances including the resulting impact on the amenities of the adjoining area. For example, it is more likely that there will be a material change of use if there is a significant increase in noise, parking, comings and goings etc, as a result. Professional advice may well be needed on this topic because each case can turn on its own particular circumstances. For example, a house occupied by a family of four, say mother, father and two adult children, may instead be lived in by four unrelated young people. This may not be a material change of use particularly if there is no resulting impact on the neighbourhood, e.g. no increase in car usage and the group of four young people are closely linked with each other. Again, it all depends on the circumstances. Planning permission is automatically required where a building is sub-divided into more than one self contained unit. Likewise, if a large flat were to be sub-divided into two separate flats then, again, planning permission must be obtained. Sub-divisions of this kind are automatically treated as a material change of use.
Where there is a limit of six occupiers is this the maximum?
Six is not necessarily the maximum number. This is because ultimately it turns on whether or not there is a material change of use. Increasing the number of occupants from six to seven or eight may not constitute a material change of use. If it goes to nine occupants then it almost certainly would be treated as a material change of use but this could be the case even with seven or eight occupiers. It all depends on the circumstances and especially the resulting impact on the amenities of the neighbourhood.
Case Study of a successful HMO Planning Application: 12A Britannia Street, Coventry.
The application site relates to an end terraced property located on the northern side of Britannia Street at the junction with King Richard Street. The area is predominantly residential, characterised by two-storey period terraces. The application property, whilst originally a dwellinghouse, has a lawful use as a taxi office (sui generis) and has a small shopfront formed in the southern elevation fronting Britannia Street and fascia
signage.
Planning permission was sought for a change of use of the taxi office to a house in multiple occupation. The property can accommodate five en-suite bedrooms and a communal kitchen, living room and WC at ground floor. There is a basement area for storage.
The scheme was not considered to contravene Coventry Plannig Policy H11 b), c), or d). due to amended planms to place the kitchen at ground floor level, which has reduced the number of proposed bedrooms in the property from six to five. The loft bedroom is only served by rooflights; however the room has a dual aspect and four rooflights to provide an appropriate level of natural light and ventilation.
In terms of Policy H11 a); the site relates to a narrow-fronted end-terrace dwellinghouse within a high-density street of other terrace dwellinghouses. It is recognised that there are existing on-street parking pressures and proposals that intensify the use and car parking demand to the detriment of neighbours would not be supported.
In this case the property does benefit from two off-street parking spaces, served by an existing dropped kerb. The proposed five-bedroom HMO generates the requirement for four off-street parking spaces (0.75 spaces per bedroom - Appendix 5) and there is a shortfall in parking. Nevertheless, significant weight is given to the existing lawful use of the property, which has potential to create greater disturbance, comings & goings and parking pressure than the proposed residential use, and as such no detrimental imapct upon highways or access was envisaged.
On balance the scheme was considered by Coventry City Council to be acceptable; however, given the parking shortfalls it is considered reasonable and necessary to restrict the occupancy to a maximum of five persons.The removal of the shop front and the reinstatement of domestic windows was considered to be a positive enhancement as it better respects the style and character of the period property and wider streetscene.
Coventry City Council imposed a condition to secure a bin store within the rear garden to ensure that bins are not left visible within the highway. The scheme is considered to accord with Policy DE1 and H11(b).Policy H5 requires new development to be designed and positioned so it does not adversely affect the amenities of the occupiers of neighbouring properties.
No new built form is proposed and the new rooflights within the roof slope offer no significant additional opportunity for overlooking that would warrant refusal. The existing taxi office is an unrestricted use and the change of use to residential is considered to be more compatible with the surrounding residential area.
Proposed Article 4 Restrictions on HMOs in Coventry
Coventry City Council is consulting on a proposed new Development Plan Document (DPD), this DPD contains a set of new proposed policies that will be used in relation to deciding the outcomes of planning applications for new HMOs. In conjunction with the DPD, Coventry City Council will be introducing an Article 4 Direction.
The Development Plan Document represents the first stage of introducing new Planning Policy as part of the plan preparation process known as Regulation 18 (Issues and preferred option). The DPD is accompanied by an Equality and Health Impact assessment and Scoping and Screening reports for Sustainability Appraisal and Habitats Regulations Assessment. This DPD and supporting documents has been informed by an evidence base which can be found on the Planning Policy Consultation Page (https://www.coventry.gov.uk/planning-policy/planning-policy-consultations).
The DPD Document can be found below under the sub-heading 'Structured Document'. If you have comments to make on this you should add them in in the ‘comments’ boxes provided in each section, please do NOT just send us a word or PDF document with your representations as this will be sent back to you and you will asked to add your comments in online. You are able to upload supporting documents if you so wish. Comments relating to the Article 4 direction, Equality and Health Impact Assessment and Sustainability Appraisal / Habitats Regulations Assessment screening need to be made using our comments form. These can be found in the 'Consultation Documents' section below. The comments form can be found below under 'supporting documents'.
The Council must consult on its intention to introduce an Article 4 direction for six weeks. After this period, it will consider any comments that have been made, and a report will be presented to Committee lead by the relevant Cabinet Member. If this Committee agrees that it is appropriate to impose the Article 4 direction, a decision will be made confirming the Article 4 Direction will be introduced.
Once the Article 4 Direction is in place, will it be possible to make changes to my property?
If the Article 4 Direction proposed is brought into force, certain elements of permitted development rights will be removed, this means that should you wish to undertake works of the type covered by the Article 4 Direction, planning permission will be required to be sought from the Local Planning Authority. The introduction of an Article 4 Direction does not itself suggest that alterations will be refused, rather that permissions will be required and proposals will be assessed in regard to their impact upon the character of the area.
Houses in Multiple Occupation (HMO) must adhere to certain fire safety rules, which are generally more stringent than those for single-occupancy dwellings due to the greater risk associated with having multiple residents. These guidelines are designed to minimize the chance of a fire breaking out, ensure that if a fire does occur, it will be detected promptly, and that occupants can safely evacuate. The regulations can vary somewhat by region, so it's important to consult with your local authority to get the most accurate, up-to-date information. As part of a Building Regualtions Application at this porperty we had to specify how we were to meet these requirements. Here are some general fire safety rules that you should consider when converting a house to a HMO:
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Fire Alarm Systems: You need to install a suitable fire detection and alarm system. This will usually be a Grade A, LD2 system in large HMOs. The system should be tested regularly, and the tenants should be aware of its operation.
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Emergency Lighting: Install emergency lighting in escape routes, particularly in larger HMOs or those with complicated layouts.
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Fire Doors: All doors leading to escape routes should be fire resistant and self-closing. This typically means installing FDR30 doors (Fire Door for 30 minutes, with smoke seals), which can resist fire for 30 minutes.
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Escape Routes: Make sure there are adequate means of escape, which should be kept clear at all times.
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Fire Fighting Equipment: This might include things like fire blankets in kitchens or fire extinguishers. Remember that any equipment provided must be maintained in good order.
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Fire Safety Information: Tenants must be provided with information about the fire safety procedures in the house.
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Safety of Furniture and Furnishings: Any furniture and furnishings supplied in the HMO must comply with the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations.
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Regular Safety Checks: Regular safety checks should be performed on electrical and gas appliances to ensure they're safe and in good working order.
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Risk Assessment: Carry out a fire risk assessment. This should identify any potential fire hazards, who could be at risk, and what measures have been put in place to eliminate or reduce that risk.
Remember, these are just basic guidelines. There may be additional local regulations you need to follow, and larger HMOs or those with vulnerable residents may have additional requirements. Always consult with an expert or local authority when you're planning your HMO conversion to make sure you're fully compliant with the law and your residents are safe.
Part B Fire Safety requires landlords to provide a copy of the fire alarm certificate and this is a document that verifies a fire alarm system has been installed correctly, inspected, and tested to meet the standards of the British Standard BS 5839-1 for commercial premises and BS 5839-6 for domestic premises.
This certificate should contain information such as:
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Details of the property where the fire alarm system is installed.
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Type of fire alarm system installed.
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The standard to which the fire alarm system complies.
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Details of the installation company, including their accreditation details.
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Any deviations from the standard that were necessary during the installation.
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A declaration that the system was tested and is working as intended.
Only a competent person should issue a fire alarm certificate. This is typically someone who has the necessary skills, knowledge, and experience to perform a fire alarm system installation.
In the UK, this would usually be a professional fire alarm engineer, ideally from a company that is part of a recognized industry scheme like the National Security Inspectorate (NSI) or the National Inspection Council for Electrical Installation Contracting (NICEIC). These organizations regularly assess their members to ensure they're competent and capable of meeting the relevant technical and safety standards.
It's important to note that while the certificate itself is an important document, the ongoing testing, maintenance, and inspection of your fire alarm system are also crucial components of ensuring fire safety.
Emergency Lighting Certificates can only be issued by a competent person. A competent person, in this case, is an individual who has the skills and knowledge to design, install, and test emergency lighting systems. This is typically a professional electrician or a lighting engineer who has specific training and experience in emergency lighting systems.
The British Standards Institution (BSI), the National Inspection Council for Electrical Installation Contracting (NICEIC), the Electrical Contractors' Association (ECA), and the Joint Industry Board (JIB) are among the organizations that train, assess, and certify individuals and companies to carry out this kind of work. Therefore, a member of one of these organizations would generally be considered competent to issue an Emergency Lighting Certificate.
Once issued, this certificate is an important legal document that can serve as proof that the emergency lighting system was installed correctly and tested. As with all safety systems, regular maintenance and periodic testing of the emergency lighting system are also important to ensure it remains operational and effective in case of an emergency.
Remember, this is a general guide and the specific requirements can vary depending on local authority guidance, the size and layout of the HMO, and the specific risk profile of the building. Always consult with a fire safety professional or your local authority's HMO licensing team for advice tailored to your specific situation.
Further Information
Please call me 07931 541 804 for a free no obligation consultation on any HMO projects you and let us show you how our Planning Consultancy and Architectural Services can work in unison to deliver you success in the planning system.
