Other relevant Legislation

Environmental Health Officers have powers under various pieces of legislation that are applicable to houses of multiple occupation:

• Housing Act 2004, Part 1 - this covers the Housing Health and Safety Hazard Rating System (HHSRS), used to assess and remedy hazards that can occur in a property.

• Housing Act 2004, Part 2 and licensing of houses in multiple occupation - this introduces a new definition to a House in Multiple Occupation and requires the mandatory licensing of them with 3 storeys or more and with 5 or more occupants.

• The Management of Houses in Multiple Occupation (England) Regulations 2006 - these Regulations place a duty on the manager of the property to provide and maintain good living conditions in a house in multiple occupation to protect the tenants from risk of injury.  The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 places similar duties on managers but specifically in houses in multiple occupation which are converted block of flats.

• Town and Country Planning Act 1990 - under section 55 of this Act, planning permission is needed for the sub division of a house into individual flats, flatlets or maisonettes.

• Town and Country Planning (Use Classes) Order 1987 - under this order, planning permission will normally be required for properties which are not used by a single person or by people living together as a family, or which is used by more than six residents living together as a single household.  Such cases will be assessed on an individual basis, although there is case law to suggest that permission for change of use may be needed for student houses, houses let in lodgings, bedsitting rooms, and multiple paying occupation.  If you are planning to convert your dwelling to a HMO, please contact Development Control via Wokingham Direct on 0118 975 6000.

• The Building Act 1984, Section 72(6)(b) and 72(6)(c) and Building Control - in certain circumstances where a property consists of residential accommodation/flats above a commercial premises, e.g. shop, restaurant, and the property is over 20ft high with inadequate means of escape from fire, fire protection can be required by Building Control.  Any work to convert a building into an HMO or alter the structure of an existing HMO may require approval under The Building Regulations 1991.

• The Health and Safety at Work Act 1974 - places a duty on a person who runs a business to ensure that any persons not in his employment are not exposed to risks to their health or safety.  Failure to do so can result in notices being served and/or prosecution (resulting in fines or possible jail sentence).

• The Regulatory Reform (Fire Safety) Order 2005 - under this legislation, the common areas of an HMO (such as the hallways and landings) may be inspected by the fire authority and; responsible persons are expected to carry out a fire risk assessment.