HMO Amenity Standards · 2014-01-06 · Definition The Housing Act 2004 introduces a new definition...

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1 Amenity Standards for Houses in Multiple Occupations (HMO) Bedsits and Shared Houses www.cornwall.gov.uk PSH 2.19.8 September 2006

Transcript of HMO Amenity Standards · 2014-01-06 · Definition The Housing Act 2004 introduces a new definition...

Page 1: HMO Amenity Standards · 2014-01-06 · Definition The Housing Act 2004 introduces a new definition of Houses in Multiple Occupation (HMO). The new definition is far more complex

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Amenity Standards for Houses in

Multiple Occupations (HMO)

Bedsits and Shared Houses

www.cornwall.gov.uk

PSH 2.19.8 September 2006

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HMO STANDARDS

Reason for standards

Houses in Multiple Occupation pose a greater risk to occupier health and safety than to single households. The independent and sometimes

transient nature of the separate households means that occupiers sometimes do not know everyone they are sharing with, and the risks of fire and infection are increased. There are Management Regulations,

which set out the way in which such properties should be managed.

Definition

The Housing Act 2004 introduces a new definition of Houses in Multiple Occupation (HMO). The new definition is far more complex than that contained in the 1985 Act.

Section 254 of the 2004 Act states that a building, or part of a building, is

an HMO if it satisfies “the standard test”, the “self contained flat test” or the “converted building test”, or if a “HMO declaration” is in force in respect of it under s.255, or it is a “converted block of flats”, to which

s.257 applies.

These definitions include bed-sitting room accommodation, shared houses, hostels and buildings containing self contained flats. The living accommodation must be occupied by persons who do not form a single

household. The occupiers must also occupy the living accommodation as their “only or main residence”.

In addition where the building is fully converted into self-contained flats IF the conversion work does NOT comply with the building standard of

the 1991 Building Regulations AND less than 2/3rd of the flats are occupied by long term leaseholders, this type of building is still an HMO.

This document will be adopted as the amenity standards for properties requiring a licence under Part 2 of the Housing Act 2004. This is for

Houses in multiple occupation which comprise of 3 or more storeys, have 5 or more occupants (living as 2 or more households) and share some or

all of the basic amenities. Bedsits, Flatlets

Houses occupied as individual rooms, which have a number of rooms for

exclusive occupation, not necessarily behind one door, with some sharing of amenities. Amenities that maybe shared are usually bathroom and/or toilet and/or a kitchen. In such a house each occupancy would be

separately rented, and occupants living independently of others.

A. Space Standards

One person units of accommodation

i. One room units: 13m2 including kitchen facilities

10m2 where provided with separate shared kitchen

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ii. Units with two or more rooms:

Each kitchen 5.5m2

Each living/kitchen 11m2

Each living room 9m2

Each bedroom 7m2 except where the other room is a kitchen in which case it will be

10m2

Each bedroom/living room 10m2

Units of accommodation for 2 or more persons

i. One room units: Not suitable for more than two persons or persons who are not

married couples or co-habitees. 16.5m2 including kitchen facilities 14m2 with separate kitchen

ii. Two or more roomed units:

Each kitchen 5.5m2

Each living/kitchen 15m2

Each living room 12m2

Each living/bedroom 14m2

Each bedroom 10m2

Shared Houses

Houses occupied on a shared basis. These would normally be occupied by students or a group of friends where for certain activities the occupiers

might live as a single household unit. Usually, the house will be let to a defined group and not to individuals. The occupiers would have exclusive use of a bedroom but would share other facilities including a separate

communal living room that is not to include any kitchen facilities within it.

One person units of accommodation

Each bedroom/study: 7m²

Two or more person units of accommodation

Each bedroom/study: 11m²

Common Rooms

1. Kitchens:

Used by 1 – 5 persons 7m²

Used by 6 – 10 persons 10m² Used by 11–15 persons 13.5m²

Used by 16+ persons 16.5m²

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2. Dining/Kitchens

Used by 1 – 5 persons 11.5m²

Used by 6 – 10 persons 19.5m² Used by 11–15 persons 24m²

Used by 16+ persons 29m² 3. Living Rooms and Dining Rooms

Used by 1 – 5 persons 11m2

Used by 6 – 10 persons 16.5m2 Used by 11 – 15 persons 21.5m2

Used by 16+ persons 25m2 All living rooms and bedrooms, kitchens, bathrooms and water closet

compartments, within the roof space, shall have a minimum floor to ceiling height of 2.3m (7’6”), except in the case of existing underground

rooms, which shall have a minimum height of 2.14m (7’ 0”), and within attic rooms, which shall have a minimum height of 2.3m over an area of the floor (a) equal to not less than half of the area of the room (b),

measured on a plane 1.5m (5’ 0”) above the floor.

For individual lettings of more than two persons reference should be made

to Housing Health and Safety Rating System (HHSRS) Hazard 11 – Crowding and Space, together with Chapter 3 of Part 4 of the Housing Act 2004.

B. Natural Lighting

1. All living rooms and bedrooms shall be provided with an area of clear

glazing situated in either a window and/or a door, and of an adequate

size. Under current Building Regulations this is 1/10th of the floor area of the room.

2. All kitchens, bathrooms and water closet compartments shall comply

with 1 above. Where this is not practicable, adequate artificial lighting

shall be provided in accordance with the requirements of part C below, to the satisfaction of the inspecting officer.

3. All glazing to windows in bathrooms and water closet compartments

shall be obscure.

a

1.5m 2.3m

b

Length of a not less than ½ the length of b

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4. All staircases, landings and passages shall be provided with adequate

means of natural lighting. Where this is not practicable, adequate artificial lighting shall be provided in accordance with the requirements of part C below, to the satisfaction of the inspecting officer.

C. Artificial Lighting

1. All living rooms and bedrooms, kitchens, bathrooms, water closet

compartments, staircases, landings and passages shall be adequately

lit by electricity.

2. Time switches should only be allowed to common landings, passages and staircases and should stay on for an adequate time to allow a

person to climb stairs etc., and enter a room. 3. There should be sufficient switches to operate the artificial lighting on

each landing, corridor or passage and each switch should allow adequate lengths of corridors, passages and stairways to be

illuminated at the same time. 4. Artificial lighting throughout the property should be provided on a

dedicated, separate (landlords) supply. This would ensure that tenants have access to lighting at all times, enabling safe access and egress

from the property. D. Ventilation

1. All living rooms and bedrooms shall be ventilated directly to the

external air by a window, the openable area of which shall be equivalent to at least 1/20th of the floor area of the room. This measurement is taken from the current Building regulations. A door

will not be accepted as a window.

2. Where practicable, all kitchens, bathrooms and water closet compartments shall comply with this requirement but, where this is not practicable, mechanical ventilation providing a minimum of 15 l/s shall

be provided. Such an installation shall be fitted with an overrun device. For kitchens, mechanical ventilation is to be provided at a rate

of 60 l/s. 3. Permanent means of ventilation in the form of a flue, airbrick, window

or trickle vent or louvered window shall be provided in all dining/kitchens, kitchens, bathrooms, water closet compartments and

any other rooms containing either cooking and/or washing facilities. E. Water Supply

1. Water supplied to the kitchen sinks and wash hand basins throughout

the property shall be of drinking water quality.

2. If water is supplied to the property from a private water supply, not mains, then depending on how many properties the water is being supplied to, would depend on the frequency of the testing. Should you

require further information you should contact the local authority.

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F. Personal Washing Facilities and Sanitary Conveniences 1. Where there are five or more occupiers in a building, every unit of

living accommodation must contain a wash hand basin with, where practicable, a two course tiled splash back (except any bedsit in which

a sink and drainer has been supplied). 2. Each unit of living accommodation shall be provided with its own bath

or shower in a separate room. Where this is not practicable a readily accessible bathroom or a shower room, being not more than one floor

distant from any user, shall be provided in the following ratios:

1 – 4 persons 1 bathroom with a fixed bath or shower and a toilet with a wash hand basin.

5 persons 1 bathroom with a fixed bath or shower and at least 1 separate

toilet and wash hand basin.

6 - 10 persons 2 bathrooms with a fixed bath or shower and with 2 separate W.C’s

with wash hand basins (but one of the W.C’s can be contained within

one of the bathrooms).

11 – 15 persons 3 bathrooms and 3 separate W.C’s with wash hand basins (but two of

the W.C’s can be contained in two of the bathrooms).

3. Baths and showers shall not be provided in kitchens.

4. All baths, showers and wash hand basins must be equipped with taps providing a continuous supply of hot and cold water.

5. All bathrooms must be suitably and adequately heated and ventilated.

6. All bathrooms and toilets must be of an adequate size and layout. The bath/shower room must be large enough to enable the user to

un/dress within the compartment and to store their clothing without the risk of them getting wet.

7. All baths, toilets and wash hand basins must be fit for the purpose.

8. All shared bathrooms and toilets must be located within an acceptable distance (ideally within 1 floor distance) of the living accommodation and being accessible from communal areas.

9. All above and below ground drainage shall comply with the

requirements of the Building Regulations currently in force.

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G. Kitchens Where all or some of the units of accommodation do not contain any

facilities for the cooking of food:

1. There must be a kitchen located within an acceptable distance from the living accommodation. The kitchen must be provided within 1 floors distance of the living accommodation should there be no suitable

dining facilities on the same floor as the kitchen. The kitchen should be of such layout and size and equipped with such facilities so as to

adequately enable those sharing the facilities to store, prepare and cook food;

2. The kitchen must be equipped with the following equipment, which

must be fit for purpose and supplied in a sufficient quantity for the

number of those sharing the facilities.

i. a sink and drainer with a continuous supply of hot and cold water and two tiled splash back. A dishwasher is not an acceptable replacement for the sink and drainer, it should only be provided in

addition to it. ii. a cooker with a 4 ring hob, oven and grill. A microwave can not be

substituted for the oven, it should only be provided in addition to it.

iii. a fixed worktop with a smooth impervious surface for food

preparation, minimum size 500 x 1000mm; iv. a 0.3m³ storage cupboard for food or kitchen and cooking

utensils, other than a sink base unit, per occupier; v. two worktop height refrigerators with freezer compartments, or

one worktop height fridge and one worktop freezer;

vi. at least 4 single or two-twin 13 amp, suitably positioned, electric power sockets (not including those for major appliances i.e.

cooker, refrigerator/freezer, washing machine etc.); vii. appropriate refuse disposal facilities; viii. appropriate extractor fan, fire blanket and fire door if necessary

3. Where a unit of living accommodation contains kitchen facilities for the

exclusive use of the individual household, and there are no other kitchen facilities available for that household, that unit must be provided with:-

i. a sink and drainer with an continuous supply of hot and cold water

and two tiled splash back; ii. a cooker with a 4 ring hob, oven and grill (a microwave may be

substituted for two of the rings but not as an alternative to a

cooker); iii. a fixed worktop with a smooth impervious surface for food

preparation, minimum size 500 x 1000mm; iv. at least 4 single or two-twin 13 amp, suitably positioned, electric

power sockets (not including those for major appliances i.e. cooker, refrigerator/freezer, washing machine etc.);

v. a 0.6m³ storage cupboard for food or kitchen and cooking

utensils, other than a sink base unit; vi. a worktop height refrigerator with a freezer compartment

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H. Space Heating 1. Each unit of living accommodation must be equipped with adequate

means of space heating.

To be deemed as being adequate it must be a fixed form of heating, which is capable of heating the room to a temperature of 190C when the outside temperature is –10C.

The provision should be efficient, safely designed and be so sited and

guarded as to minimise the risks to health and safety. The potential fire risk associated with portable heaters fuelled by LPG is not

considered acceptable and they should not, therefore, be used. All appliances shall be maintained as required by a competent person.

2. Any other separate living room or bedroom shall be provided with

suitable number of sockets, which could be reasonably be dedicated for a heating appliance.

3. In addition to the above, a single bedsit shall be provided with at least 2 twin sockets (4 single). This does not include the sockets provided as

part of the kitchen requirements. I. Refuse, Storage and Disposal

1. There are to be sufficient bins or other suitable receptacles provided

which are adequate for the disposal of refuse from each household occupying, consideration should be given to providing receptacles for recycling.

2. Arrangements for the removal of refuse and litter must be made.

I. Yards and Gardens

1. Without prejudice to any more specific requirements which may be imposed by any condition attached to planning permission, the design

and finish of all common external areas shall be such as to enable them to be kept in a neat and tidy condition and where possible should be free from any trip hazards or uneven surfaces.

J. Electrical Installations

1. All electrical installations shall comply with the current regulations of

the Institution of Electrical Engineers as regards matters of safety and

quality of workmanship.

2. Without prejudice to the requirement of paragraph C, above, lighting and power socket provisions shall be provided to meet the current

minimum requirements. 3. Small, portable electrical appliances provided by the landlord must be

tested annually or as advised by a suitably qualified electrician.

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K. Gas Appliances/Installations 1. All gas appliances provided within the property, including any central

heating boiler, shall be tested on an annual basis. A copy of the landlords gas safety certificate must be provided to each of the

tenants. The test must be carried out by a Corgi registered plumber who is able to issue you with the certificate.