- News: Change of Legislation regarding Planning Application Fees
- Revised Houses in Multiple Occupation SPD
- Planning Permission and Licensing
- HMO Policy Background
Last updated: 22nd January 2018
Section 6 of the Houses in Multiple Occupation in Bath Supplementary Planning Document states that “The Local Planning Authority is not currently able to charge a planning application fee for a change of use application from a Dwellinghouse (C3) to a House in Multiple Occupation (C4).” However following the latest legislative changes, a fee is applicable for applications made or deemed to be made on or after 17th January 2018.
The Council adopted the Revised Houses in Multiple Occupation (HMO) Supplementary Planning Document (SPD) at the Cabinet meeting in November 2017 (the HMP SPD July 2013 is now superceded). The aim of the SPD is to avoid high concentrations of HMOs in the interests of an appropriately balanced housing mix across the city. The Article 4 Direction withdraws the Permitted Development Right for the change of use from family homes (Use Class C3) to Houses in Multiple Occupation (Use Classes C4 and Sui Generis) across the City of Bath. The SPD sets out criteria for assessing planning applications now required by the Article 4 Direction.
A House in Multiple Occupation (HMO) is defined by the Housing Act 2004 as:
- A house or flat which is let to 3 or more unrelated tenants who share a kitchen, bathroom, or toilets. For example, properties let to students or bedsits; or
- A building which is converted into non self-contained flats; or
- A building which is converted entirely into self-contained flats and the conversion does not meet the standards of the 1991 Building Regulations and more than one-third of the flats are let on short-term tenancies.
The HMO SPD contains a guide to help determine if a house is defined as an HMO
Houses of Multiple Occupation may require planning permission. The criteria set by the HMO SPD is used to help determine if permission is likely to be granted for changing the use of a property to an HMO. The Planning Registration and Development Management Teams attend to this work - the links below will take you to their relevant pages and contact details:
- Further information on HMOs and Planning Permission is available here
- You can apply for planning permission via this link .
- Map showing which areas have 10% of the existing housing stock in use as HMOs
Some HMOs with shared facilities must also be licensed, this is to ensure that ensure minimum standards of safety, welfare and management are maintained. Landlords and managers of HMOs across Bath and North East Somerset may need to apply for a mandatory license, whilst those in Bath may also need to apply for an additional license. The Housing Standards Team attends to this work - the links below will take you to their relevant pages and contact details:
- Information on Mandatory Licenses (District-wide) and Additional Licenses (City of Bath only)
- Advice for Landlords and Tenants on HMO licensing and safety
- Apply for an HMO Licence online .
- Further information on licensing is available on the Housing Services webpages
The following links provide more information on the production of the Houses in Multiple Occupation in Bath SPD:
- HMO SPD Adoption Statement
- HMO SPD Consultation Statement
- HMO SPD Consultation Statement Appendix 1 Consultation Comments
- HMO SPD Consultation Statement Appendix 2 Consultation Comments
- HMO SPD Consultation Statement Appendix 3 Consultation Comments
- HMO SPD Consultation Statement Appendix 4 Consultation Comments
- HMO SPD Consultation Statement Appendix 5 Consultation Comments
- HMO SPD Review & Options Analysis
- The Article 4 Direction for the City of Bath in relation to Houses in Multiple Application
- Superseded original HMP SPD (July 2013)