This blog post is part of our series that delves into the essentials of HMOs, focusing today on the current (as of July 2024) regulations that govern these properties in Bristol. Whether you’re a landlord, investor, or simply interested in HMOs, understanding the regulatory landscape is crucial for ensuring compliance and making informed decisions. In this post, we’ll cover how to setup a HMO, Article 4 areas, zoning, and specific requirements for both Bristol and South Gloucestershire. Front Door Lettings are Bristol Letting Agents, helping Landlords with single lets and HMO’s across the city.

Introduction to HMO Regulations

A House in Multiple Occupation (HMO) is a property rented out by at least three people who are not from one household but share facilities such as the bathroom and kitchen. HMOs are common among students and young professionals due to their affordability and shared living arrangements. However, managing HMOs comes with a set of specific regulations to ensure the safety and well-being of the tenants. If you’re wanting to convert a house from a family home into a HMO, then the ease of this depends where in the city the building is located. For help and advice, feel free to contact us for a overview or review on your property.

How to start a HMO

In the most basic summary, you take a house you own and split each room into their own rented room, letting the tenants share the kitchen and bathroom. Congrats, you now have a HMO.

The reality is that there are rules and regulations to follow for safety and to make sure the house is habitable. Some things are to do with the house, like are rooms physically big enough? But there is also the small regulatory bit where you tell the council about the change to your property. After all, it’s now 4/5/6 unrelated people living in this building and not just 1 family. In terms of telling the council you need to complete a licensing application form with Bristol City Council and pay them a fee. Once complete, you’ll have a HMO license for 5 years.

This is a simplistic summary of getting a HMO licence on your property, but if you live in certain parts of the city it’s not so straightforward. You’re allowed to do this change under permitted development, which are a set of rights that allow certain building works and changes of use to be carried out without the need for planning permission from the local authority. For HMOs, this means that in areas not covered by an Article 4 Direction, you can convert a single dwelling into an HMO for between three and six unrelated individuals under these rights, provided all necessary building and safety regulations are met.

We have a step by step guide on going from a house to a HMO in Bristol that is perfect for understanding the process, including who and how to apply for your new HMO. We recommend reading both this guide as a overview, and then our step by step after.

Article 4 Areas in Bristol

What is an Article 4 Direction?

Article 4 Directions are tools used by local planning authorities to control development rights that would otherwise be automatically permitted. In the context of HMOs, an Article 4 Direction requires property owners to obtain planning permission to convert a single dwelling house into an HMO. This measure is often implemented to manage the concentration of HMOs in specific areas and mitigate any negative impacts on the community. It’s a way of the council stopping HMO’s being created across certain areas of the city without any limitation on the density and number of homes being converted.

Bristol City Council has designated several areas under Article 4 Directions. These areas require landlords to apply for planning permission to convert properties into HMOs. The primary aim is to prevent the over-saturation of HMOs, which can lead to issues such as noise, waste management problems, and changes in neighbourhood character. Certain areas (below) have lots of existing HMO’s and so the council want to control where new ones appear. It’s not to say you won’t be able to convert something to a HMO, but makes it harder and gives the council control.

Some key areas in Bristol under Article 4 Directions include:

• Clifton
• Redland
• Cotham
• Downend
• Bishopston
• Ashley Down
• Avonmouth

These areas have been identified and are now under article 4 due to their high concentration of HMOs and the need to maintain a balanced community structure. Landlords planning to convert properties in these areas must apply for planning permission, even for smaller HMOs (between three and six unrelated individuals).

As Bristol changes and expands, we’re likely to see Article 4 in effect across more of the city. For example, the whole of Bath is currently under Article 4 Direction to limit HMO creation there.

What does this change?

If your property is in a area under Article 4, you’ll have to follow a different route to get permission to convert your house to a HMO. Permitted development rights have been suspended, so you’ll have to go through planning permission to get approval.

To convert a property into an HMO in a article 4 area, landlords must follow a detailed planning permission process:

1. Pre-Application Advice
   • It’s advisable to seek pre-application advice from Bristol City Council. This service provides guidance on the likelihood of obtaining planning permission and highlights any potential issues early in the process.
2. Application Submission
   • Submit a full planning application to Bristol City Council. The application must include detailed plans of the property, proposed changes, and how these changes meet HMO standards. The fee for a planning application can vary, so it’s best to consult the council’s current fee schedule.
3. Public Consultation
   • Once submitted, the application undergoes a public consultation process where neighbors and other stakeholders can express their views on the proposed HMO.
4. Decision
   • The council will make a decision based on planning policies, public feedback, and the specific details of the application. This decision can take several weeks.
5. Appeals
   • If the application is refused, there is an option to appeal the decision. The appeal process involves a further review of the application by an independent inspector.

South Gloucestershire: Different Rules, Different Register

Part of the greater Bristol area falls under South Gloucestershire, which has its own set of rules and regulations for HMOs. While some aspects are similar to Bristol, there are key differences landlords and investors should be aware of. The map below shows South Gloucestershire in blue, so areas like Filton, Frenchay, Staple Hill, Downend are all part of Bristol as a city but regulated by South Gloucestershire council.

South Gloucestershire has also implemented Article 4 Directions in certain areas. These measures are aimed at controlling the spread of HMOs and ensuring they do not adversely affect local communities.

Key Differences in Regulations

• Application Process: The application process in South Gloucestershire is similar to Bristol but may involve different forms and additional documentation.
• Public Consultation: Public consultation in South Gloucestershire can have different timelines and methods of feedback collection.
• Specific Requirements: South Gloucestershire may have unique requirements for room sizes, amenities, and safety standards that differ from Bristol.

Register and Compliance

South Gloucestershire maintains a register of HMOs, and landlords must ensure their properties are listed. This register is part of the compliance framework that helps authorities monitor and manage HMO standards. Failure to register an HMO can result in significant penalties which we’ll cover in a later blog post.

Licensing HMOs in Bristol

Why Licensing is Required

Licensing ensures that HMOs meet minimum standards for safety, amenities, and management. It aims to protect tenants by ensuring that landlords provide safe and well-maintained properties.

Types of Licenses

1. Mandatory HMO License:
   • Required for properties with five or more tenants forming more than one household, sharing facilities such as bathrooms and kitchens.
2. Additional Licensing:
   • May apply in certain areas or for smaller HMOs depending on local council policies.
3. Selective Licensing:
   • Applies to all private rented properties within designated areas, not just HMOs.

Application Process

1. Check Requirements:
   • Verify if your property requires a license. This can be done through the Bristol City Council website or by contacting the council directly.
2. Submit Application:
   • Complete the application form available on the council’s website. Include details about the property, landlord, and management arrangements. The application must also include a fee, which varies based on the type and size of the HMO.
3. Inspection:
   • Once the application is submitted, the council will inspect the property to ensure it meets the required standards.
4. Issuance of License:
   • If the property passes inspection and meets all criteria, a license will be issued. This license is typically valid for five years but may be subject to conditions and periodic inspections.

Costs and Fees

Application Fees

The cost of applying for planning permission and licensing can vary. As of the latest update, the fee for an HMO license in Bristol is approximately £1,200 for a five-year license. However, fees can change, so it’s advisable to check the Bristol City Council website for the most current information.

Additional Costs

• Inspection Fees: Additional fees may apply for inspections and re-inspections.
• Renovation Costs: Ensuring the property meets HMO standards may involve renovation costs.
• Legal Fees: If legal assistance is required during the application or appeal process, this can add to the overall cost.

Compliance Requirements

Safety Regulations Safety is paramount in HMOs, and landlords must comply with several safety regulations to ensure the well-being of tenants.

1. Fire Safety:
   • Install smoke alarms on every floor and ensure they are regularly tested (subject to size of the house).
   • Provide fire extinguishers and fire blankets in key areas such as the kitchen.
   • Ensure that escape routes are clearly marked and kept free of obstructions.
2. Gas Safety:
   • Ensure that all gas appliances are checked annually by a Gas Safe registered engineer.
   • Provide tenants with a copy of the Gas Safety Certificate.
3. Electrical Safety:
   • Conduct an Electrical Installation Condition Report (EICR) every five years.
   • Ensure all electrical appliances are PAT tested regularly.

Living Standards The property must meet certain living standards to ensure it is suitable for multiple tenants.

1. Space Standards:
   • Bedrooms must meet minimum size requirements, typically 6.51 square meters for a single occupant and 10.22 square meters for two occupants. Again, check with each council if they have different requirements.
   • Communal areas such as kitchens and living rooms must be spacious enough to accommodate all tenants.
2. Facilities:
   • Provide adequate bathroom facilities, typically one bathroom for every five tenants.
   • Ensure the kitchen is equipped with sufficient cooking appliances, storage space, and refrigeration for all tenants.
3. Maintenance:
   • Regularly maintain and repair the property to ensure it remains in good condition.
   • Address any issues reported by tenants promptly to avoid health and safety hazards.

Specific Guidelines for Bristol

Application Submission: Submit your application to the Development Management Team at Bristol City Council. This can be done online via the Planning Portal or by post. Ensure all supporting documents, including plans, specifications, and the Design and Access Statement, are included. The application will ask you to confirm things like number of tenants, room sizes, layout etc.

Inspection Process: Once your application is received, an inspection will be scheduled. The inspection process involves checking the property for compliance with HMO standards, including fire safety, room sizes, and overall condition.

Approval and Licensing: If the inspection is successful and all requirements are met, you will receive an HMO license. The license will outline any conditions that must be adhered to and will be valid for five years.

Renewal: Before the license expires, you must apply for renewal. This involves a re-inspection to ensure continued compliance with all HMO regulations.

Conclusion

Understanding the regulations surrounding HMOs in Bristol and South Gloucestershire is crucial for landlords and investors. Navigating Article 4 areas, obtaining the necessary planning permissions, and ensuring compliance with licensing requirements can be complex but is essential for legal and successful HMO management. If you need help or assistance with your HMO regulations, or if you’re looking for HMO management, Front Door Lettings have you covered.

Recommended reading: Our Step by step guide from house to HMO in Bristol. Now you understand the principles, see how to apply for your HMO license.